How to 'revoke' or merge condominium project back to "1 lot"

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Elias French
Posts: 133
Joined: Fri Aug 07, 2009 7:22 am

How to 'revoke' or merge condominium project back to "1 lot"

Post by Elias French »

This came up a while back here:
https://forums.californiasurveyors.org/ ... ium#p46925

But I'm curious to check again.
How to 'get rid' of condominium units and revert to 1 single lot?

1. Revoke CCR's by owner signed and recorded instrument, no agency involvement?
2. Parcel/Final Map to "merge" back to one lot?
3. Lot Line Adjustment to "merge" back to one lot?

I've only seen it done by Map or LLA, not familiar with option 1 but it seems the simplest.

Thanks all,
Happy Holidays
Warren Smith
Posts: 997
Joined: Thu Apr 13, 2006 6:41 am
Location: Sonora

Re: How to 'revoke' or merge condominium project back to "1 lot"

Post by Warren Smith »

I'm thinking reversion to acreage, but condominium maps are interesting critters - they are a 1 lot subdivision for condominium purposes.
Reversion to acreage nullifies all the entitlements to a subdivision. For condominiums, there is the Department of Real Estate oversight, which entails reviewing the CC&Rs, the airspace diagrammatics, and issuing a public report for potential buyers.
I'm guessing that if the project has not gone forward - although entitled to do so - a revocation of the CC&Rs might accomplish that aspect, provided there is a clause included for that purpose.
This sounds like a question for a land use attorney (like Mike Durkee), who would have a broader view of the ramifications. The Real Estate Commissioner's office may also have some insight based on prior occurrences.
Another aspect is the Planning oversight, inasmuch as development of the site has been approved for condominiums, and there may be a rezone involved for, say, commercial or single family residence usage.
Warren D. Smith, LS 4842
County Surveyor
Tuolumne County
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