Condo Plan - Owner's statement required?

[Anthony Maffia]

I'm working on a condo plan to be filed in Santa Clara County. The attorney says the San Francisco Recorder once asked for an owner's statement, so would you include it?

I've drawn maybe 20 or more condo plans, and seen dozens of others, commercial & residential, without the statement.

Except once - it looked like a jurat sheet cut / pasted over 4 sheets.

I'm not in a position to argue with the attorney. But is this common practice?

[dmi]

Yes, it is SOP as far as I know. In the case where you did not create an owner's statement and acknowledgment , this is because those details were all handled in a different part if the document. Some attorneys format their documents this way and when they do it is not necessary for the owners to sign the condo plans.

[Propst]

How could it be valid without the consent of the owners?

Civil Code 1351:

(e) "Condominium plan" means a plan consisting of (1) a description or survey map of a condominium project, which shall refer to or show monumentation on the ground, (2) a three-dimensional description of a condominium project, one or more dimensions of which may extend for an indefinite distance upwards or downwards, in sufficient detail to identify the common areas and each separate interest, and (3) a certificate consenting to the recordation of the condominium plan pursuant to this title signed and acknowledged by the following:
(1) The record owner of fee title to that property included in the condominium project.
(2) In the case of a condominium project which will terminate upon the termination of an estate for years, the certificate shall be signed and acknowledged by all lessors and lessees of the estate for years.
(3) In the case of a condominium project subject to a life estate, the certificate shall be signed and acknowledged by all life tenants and remainder interests.
(4) The certificate shall also be signed and acknowledged by either the trustee or the beneficiary of each recorded deed of trust, and the mortgagee of each recorded mortgage encumbering the property. Owners of mineral rights, easements, rights of-way, and other nonpossessory interests do not need to sign the condominium plan. Further, in the event a conversion to condominiums of a community apartment project or stock cooperative has been approved by the required number of owners, trustees, beneficiaries, and mortgagees pursuant to Section 66452.10 of the Government Code, the certificate need only be signed by those owners, trustees, beneficiaries, and mortgagees approving the conversion. A condominium plan may be amended or revoked by a subsequently acknowledged recorded instrument executed by all the persons whose signatures would be required pursuant to this subdivision.

[Anthony Maffia]

I understand that. If the CC&Rs has those signatures and wording, then the condo plan shouldn't need it again because it is an attachment to that document and becomes a part of it.

I'm interested in what surveyors who have prepared a condo plan have done.
(Dane, thank you for the insight into San Francisco.)

[Propst]

§1352. Creation of Common Interest Development. This title applies and a common interest development is created whenever a separate interest coupled with an interest in the common area or membership in the association is, or has been, conveyed, provided all of the following are recorded:
(a) A declaration.
(b) A condominium plan, if any exists.
(c) A final map or parcel map, if Division 2 (commencing with Section 66410) of Title 7 of the Government Code requires the recording of either a final map or parcel map for the common interest development.

[PipeSetter]

have not had any owners statements in the numerous
condo plans I have done in santa clara county.
Of course if the attorney wants its........

[dmi]

I have seen an attorney in more than just San Francisco County request the owner's statement be removed because their client was executing one entire set of documents for the project. In San Francisco, most of the time the owners execute their statement directly as a part of the condo plans. The one attorney that I know who varies from this practice has done hundreds of condo conversions and is a leading firm in this area of practice.

[dmi]

I thought you were saying the attorney asked to have the owners statement removed, but on reread your question is if it is a part of the condo plan. The answer is YES it must be included and it is included in EVERY jurisdiction that I have worked in in the state.