Let’s say there is a recorded PM for condominium purposes and CC&Rs that show all the Units. Now the owner of “Unit A†wants to add-on to his building, let’s say to the exterior of the building by 15 feet, in which he will now be encroaching into the Common Area.
What is the process? Is a LLA in order or does he just have to get the approval of the Home Owners Association (HOA)? I know the HOA has to approve the add-on and record a modification to the CC&R but does the Local Agency need to be involved?
I can't find anything in the SMA that addresses this.
Also are the Units of a condo a legal and individual parcel?
Thank for your help..
Condominium
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dmi
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mpallamary
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What kind of condominium is it? Airspace or cloud? As a general rule, as long as the number of units is not increased, it is my opinion you do not need local agency approval except, of course for building permits. The construction of the units and the maximum number is based upon the discretionary approval or mayp waiver. Needless to say, the HOA needs to be involved. How is the common area held? Undivided interest or ??? If there are lenders, they might need to sign off on the adjustment. I would get a title report on the common area. The CCR's should explain the process.
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JoeC
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Thanks Michael and Dane,
This is for an airspace condo. Interesting enough after speaking with the County Assessor's Office they told me that each unit has its own APN # and is taxed separately but they could not tell me if the units are their own separate property. I also found out that the common area is not taxed as it benefits the units. They said if there was a change in unit dimensions an updated CC&R was recorded along with grant deeds for the units.
I am still confused as to what is the property boundary the parcel that created the condos or the units within the condo or both?
I looked through the CC&R and it really doesn't go into detail how line are to be moved just that the HOA needs to approve any modifications.
This is for an airspace condo. Interesting enough after speaking with the County Assessor's Office they told me that each unit has its own APN # and is taxed separately but they could not tell me if the units are their own separate property. I also found out that the common area is not taxed as it benefits the units. They said if there was a change in unit dimensions an updated CC&R was recorded along with grant deeds for the units.
I am still confused as to what is the property boundary the parcel that created the condos or the units within the condo or both?
I looked through the CC&R and it really doesn't go into detail how line are to be moved just that the HOA needs to approve any modifications.
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Greg Ippolito
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- Joined: Tue Sep 16, 2008 8:16 am
- Location: San Francisco
Joe, I have been involved in a handful of these. In the few that I have we did an amendment to the condominium plan which in essence is a new condominium plan which is attached to the cc&r’s.
In a typical condo, each condo unit owns from the paint or drywall inward of their particular unit and a percentage of the common area. The common area often being - anything within the underlying property but not within the units. Hallways, walkways etc.. The individual ownership percentage of the common area is typically based on interior unit space square footage vs the total unit space square footage. If you are increasing the square footage of one unit and taking away from the common space you may be changing each individual units common interest percentage. You will most likely need the approval / signature of all of the owners / hoa and possibly the lenders. I would suggest checking with your local agency, the title company, HOA and pointing your client to an attorney in your area that is typically involved in preparing cc&r’s.
In a typical condo, each condo unit owns from the paint or drywall inward of their particular unit and a percentage of the common area. The common area often being - anything within the underlying property but not within the units. Hallways, walkways etc.. The individual ownership percentage of the common area is typically based on interior unit space square footage vs the total unit space square footage. If you are increasing the square footage of one unit and taking away from the common space you may be changing each individual units common interest percentage. You will most likely need the approval / signature of all of the owners / hoa and possibly the lenders. I would suggest checking with your local agency, the title company, HOA and pointing your client to an attorney in your area that is typically involved in preparing cc&r’s.
Greg Ippolito, PLS