Condos, LLA and Attorneys

[Coy Glasscock]

I have a client that has asked for an office complex to be converted into Condo units. He wants to know if it is possible to cut one of the larger condo units into two after the condo plans have been recorded. His attorney is telling him that it can be done very easy with a Lot Line Adjustment, and we all know Attorney’s are always correct when it comes to surveying. I have not heard of being able to do a LLA on a single condo unit. All condos in the plan refer to one parcel on the parcel map. How can this be done if the Condo Plan has been recorded? How can this be done once units have been sold? Would you have to do new condo plans and have the association approve it?
Thanks for any advice and/or help.

[dmi]

I see no reason why a condomimium association would be barred from amending the common interest agreement aka CC&RS. If the association agreeded to allow the moving of airspace configuration, that ought to be okay, but they cannot created more units than were approved originally. LLA is not applicable for moving airspace, in my view.

The association will amend their agreement and you will provide te necessary airspace mapping and Bob's your uncle!!!!

[mpallamary]

Hi,

Here's the rub. You should review the map act and local approvals. The way it generally works is you obtain municipality approval. What that is supposed to do is to set the maximum number of permissible units. They have the right to do that. What they should do is subdivide the project into as many units as possible. There is no prohibition against owning more than one unit. In doing so, it is cut as the ultimate configuration wants to be.

I believe if you take this path, it will be a map act violation. The approved discretionary approval needs to discuss the maximum number of units.

The map is the vehicle for approval. The Davis-Stirling condominium laws govern condominiums.

If the attorney is persistent, I would ask for chapter and verse recitation of authority.

Also, in order to move the units around, that requires an amended condominium plan. If there is common area involved, that gets pretty complicated.

I would plan now and proceed accordingly.

Good luck.

[goodgps]

I believe a parcel map has to be done in this case (if approved by the association of course) as stated above. A lot line adjustment wont apply to a condo split to make a new unit.

I would get a little crazy if say, we adjust a bathroom or closet to make a whole new unit. Cheeze !! when will the desperation end ?

Queso "good"

[mbstanton]

In my experience, there is no problem revising the configutation of condo units with a "Revised and Restated Condominium Plan". This of course assumes that the number of units stays the same. The one lot tract map or one lot parcel map remains the same for the common area.

The problem comes when the client wants to increase the number of condo units. The only way to do this is to submit a new tenative map with a new tract number - resulting in a new tract map and condo plan.

I have also used a gridded condo plan which allows the units to be re-defined without having to record a revised condo plan for the whole project. This gets a little tedious prepaing the legal descriptions for the units, but this method saves a lot of time when minor revisions are needed.

Mike Stanton, PLS5702

[land butcher]

A LLA is just that, it cannot create another parcel.