Parcel map over existing gridded condo

[dedkad]

We have an existing one-lot parcel map for condo purposes with three buildings on the lot. A gridded condo plan was filed over each of the three buildings with a common area for parking and drive aisles. No grids were ever sold and the property remains in single ownership. Developer wants to subdivide the property so the three buildings are now on separate lots. Will the subdivision wipe out the existing gridded condo plan for the buildings, thereby requiring a new gridded condo plan based on the new parcel map boundaries? My initial thought is yes, the underlying gridded condo lines will be wiped out, but since a condo plan is not part of the agency review, I'm wondering if it is somehow treated as a different animal when it comes to resubdivisions.

[Warren Smith]

I would think that that the parcel map could be processed and filed as a merger and resubdivision without reversion to acreage for condominium purposes under SMA section 66499.20.2, and the condominium plans and CC&Rs recorded based on the new layout by cross-referencing the parcel map Book and Page.

That requires coordination by the title company and the developer's attorney, as with any condo project.

[dedkad]

Warren, so you are agreeing that a new condo plan would be required?

[Warren Smith]

Yes, unless the original CC&R's contain a provision to amend that can be done in such a fashion to reference the newly filed parcel map Book and Page. With the ownership remaining the same, that could be an easy task. But a revised plan in any event would need to be recorded, since that becomes the means of transferring title, and that needs to be consistent in all respects.