California Surveyors Forums

Per Section 66427 of the SMA, an agency cannot refuse approval of a parcel map on account of absence of a condo plan. However, condo plans are typically included with map recordation because the agency can require creation of an association to maintain the common improvements. Since the CC&R's typically refer to the condo plan when defining the common area, the condo plan is also recorded. Oftentimes, there is also a condition to create some kind of common area for recreational use and that tentative map condition is best satisfied with a condo plan.

Can CC&R's be recorded without a condo plan? If so, how do you satisfy any conditions that warrant creation of a common area? Do you run into any problems when the Condo Plan is recorded at some later date after the association has already been created with the CC&R's?

It should be noted that this subdivision is being created using a Certificate of Compliance instead of a parcel map, so the ability to show a legally described common area would be limited to an exhibit attached to the COC or the CC&R's, if that's even an option.

Looking at provisions in the Civil Code relating to condominiums, section 4200 lays out the requirements for their creation. This is what the Bureau of Real Estate looks at when approving the Public Report (White Paper).

The issuance of a Certificate of Compliance may meet the last requirement, particularly if conditional. I'm not sure that a tentative map would need to be approved in order to comply. Local ordinance for development may address this.