Amending Condo Map 20 years later

[btaylor]

I have a situation where the condo owners, for some reason, have always used the "wrong" parking bays/garages that were stipulated on the deeds/CC&Rs, and after 20 years this apparently has finally hit an issue with a few owners.

As a result, the HOA and attorney(s) feel that the best method of fixing the issue is to "relabel" the areas shown as "P1", "P2", etc. and assign them to where the people who were deeded P1 and P2 actually park now. People have established too many fixtures and other things. The idea of parking at their deeded locations is not an option.

I had thought re-deeding the "P" spaces would be the best, but they are requesting that the Condo Map be amended.

Looking at the SMA for amending a map, I believe this qualifies, but it sure seems odd to draft a new map 20 years later.

There are some questions that come to mind, assuming this will suffice. The original map is 5 sheets, 3 of which are airspace diagrams for the 1st, 2nd, and 3rd floors. I would technically only need to worry about the parking areas of the 1st floor. I also do not technically need to perform a field survey.

Then one starts to wonder if there are other issues. Are the buildings in the correct location per the map? I think I then get on the hook for this, so therefore a field survey seems to be a requirement, unless there is some note I would place on the map stating the specific reason for the amendment, and that I am not certifying to anything else.

I have not spoken to the City Engineer as of yet, but the person under him says he does not think he has seen this before. This seems like new territory for the both of us.

[bwatkins]

Could they possibly use a Quit Claim Deed to transfer ownership of their parking spaces back and forth?

[btaylor]

I would think so, but for some reason it appears they want to do it this other way. I do not have the full story, so perhaps they feel they will not get cooperation from everyone, and this is some interesting way to work around the problem.

[dmi]

This is NOT an amended map is the sense as defined in the SMA. This is merely amending the CC&R's. I do not believe it is necessary to redo the entire airspace plan.

[btaylor]

Dane, regarding that aspect, an email I read from the attorney for the HOA said that amending the CC&Rs will not completely resolve the problem because Grant Deeds will conflict (I have not seen the deeds, but I assume they are deeded a specific parking #) with the revised CC&Rs. The CC&Rs cannot supersede the deeds if there is a court challenge.

[btaylor]

The more I think about this, the best way to go about this seems to be by deed action, not "amending" the map.

[dmi]

Yes, that is correct, new deeds will be needed and they will need to refer to the AMENDED CC&R'S. The owners will need to do both amend the CC&R's and record new deeds. I am not sure there is any role for a surveyor, if all that is being done is to swap labels.

[mpallamary]

You should verify the form of ownership created by the various documents. As a general rule, the parking spaces are assigned at the time of conveyance. In other words the conveyed "Unit" includes all appurtenances such as decks, patios, yards, and parking spaces. The underlying components of the condominium plan creates and contemplates that 100% of the underlying elements will be owned either individually or as common interest elements or EUCA (Exclusive Use Common Area). When you consider any trust deeds and hypothecation that assures the note holder that their loan is secured by the described and depicted element such as parking, you have to consider the interests of the lender(s) and the HOA. As messy as it sounds, you need to file an amended condominium plan. CCR's can be more easily modified by vote while the diagrammatic plan cannot. It is akin to preparing a subdivision map and someone buys Lot 1 while he/she is occupying lot 2. Because you are modifying the plan, everyone and every lender needs to sign off. This is not an uncommon problem. I would also recommend that if there are other problems that the amended plans resolve them. Parking problems such as this are the most common problems for a condominium project and usually occurs because the developer has to satisfy code requirements and he/she misrepresents the location and size of the parking spaces. It is more common with conversions than new construction. Per the SMA: 66424.

"Subdivision" means the division, by any subdivider, of any
unit or units of improved or unimproved land, or any portion thereof,
shown on the latest equalized county assessment roll as a unit or as
contiguous units, for the purpose of sale, lease or financing,
whether immediate or future. Property shall be considered as
contiguous units, even if it is separated by roads, streets, utility
easement or railroad rights-of-way. "Subdivision" includes a
condominium project, as defined in subdivision (f) of Section 1351 of
the Civil Code, a community apartment project, as defined in
subdivision (d) of Section 1351 of the Civil Code, or the conversion
of five or more existing dwelling units to a stock cooperative, as
defined in subdivision (m) of Section 1351 of the Civil Code.

Good luck.

[dmi]

I failed to mention the consideration of ALL holders of an interests in the project because in my practice it is SOP to consider lenders.

[dmi]

Mr Taylor must be wrestling with a subdivision map (parcel or final map) where the airspace plans are shown upon the face of the recorded map. I do not believe an amended map is the proper vehicle for the reasons pointed out by Terry. The corrections can be made via amended CC&r's and new airspace plans attached to those CC&R's.

[mpallamary]

Agreed. We are talking about the diagrammatic condo plans and not a subdivision map.