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Parcel Map for Condominiums
Posted: Mon Apr 12, 2010 3:24 pm
by GWinglovitz
I have a Parcel Map for Condominium purposes where the municipality is trying to require that I show a detail of how the condominiums are divided on a sheet of the PM. This sounds contrary to SMA 66427 that states "A map of a condominium project...need not show the buildings or the manner in which the buildings or the airspace above the property shown on the map are to be divided...". Though I have seen PM's that show the condominium breakouts as part of the map. I thought this was left to the condominium plans.
Any ideas?
Posted: Mon Apr 12, 2010 3:52 pm
by mpallamary
Their position is incorrect and the request improper. Condominiums are governed by the Davis Stirling Act. A municipality is very limited in what it can ask. As I still tell my kids, "Just say no."
Posted: Mon Apr 12, 2010 4:34 pm
by subman
Their power to regulate the design and location of buildings in the project is pursuant to their local ordinance (i.e plot plan, site plan, building plans). I assume they have a subdivision ordinance that required the proposed building and grading design to be shown on the tentative map. Like Mike said, they have no authority to deny a final/parcel map on that basis.
Who is asking: the Planner or the County Surveyor?
Posted: Tue Apr 13, 2010 7:26 am
by MikeTurnrose
The detail of the condo layouts should go on the Condo Plan.
Posted: Tue Apr 13, 2010 5:18 pm
by Anthony Maffia
The state prohibits municipalities from requiring this. Even San Francisco ended this practice about five years ago.