California Surveyors Forums

Owners’ started with a Lot from a Final Subdivision Map.
Recorded a one parcel Parcel Map for Condo Purposes.
Recorded a Condo Plan (CC&Rs) that has 12 Condo Units.
No construction took place, the whole Lot is still dirt, and still the same owner.
How can the owner get rid of the Condo Units and revert back to the original Lot from the Final Subdivision Map?
Multiple LLAs? What would before descriptions be?
New Parcel Map or Subdivision Map?
Reverting to acreage? With Parcel Map or Subdivision Map?
A certificate of correction to remove the “for condominium purposes” on the PM and record a termination of the cc&r’s and condo plan?

Scott,

This is a question I have wondered about as well. Here are some thoughts and how I've seen it done, but I'm curious as to what others may say as well.

I have seen it done by a one lot Parcel Map "being a merger of ..."; this is effective but seems like overkill and is costly and subject to conditioning.
LLA's is an interesting option, and perhaps more expeditious than a Parcel Map, but as you note a "Unit" is not the same as a "Lot", and this option might be a bit convoluted and cumbersome since you have 12 Units, and I am not sure what the intermediate "Lot" descriptions would be...
I am not as familiar with the reversion to acreage process but it seems like the end result would be similar to a 'New Parcel/Final Map", if this is simpler to process in your area than a parcel/final map this could be a good option.
Certificate of Correction seems inapplicable since there is actually no error per se on the original map.

I think another potential solution would be an owner-initiated Lot Merger if your jurisdiction has an ordinance authorizing such a process per SMA 66499.20.3. This would avoid the 4 Lot limit on LLA's, and the cost/time/conditioning penalty of a Parcel/Final Map. However, I haven't seen this done and can't find any references to it being used for condo's, so I'd be curious as to what better minds may say about this option.

Hope this helps

Civil Code Section 4295
"A condominium plan may be amended or revoked by a recorded instrument that is acknowledged and signed by all the persons who, at the time of amendment or revocation, are persons whose signatures are required under Section 4290."

Once the Condo Plan is revoked, I would think the owner could build whatever he wanted on his single lot provided the agency is OK with it. I don't think the words "For Condominium Purposes" on the map are binding.

dedkad:: what is the process to go thru to Revoke a condominium plan?

That sounds right. The caption "For Condominium Purposes" authorizes the filing of a condominium plan in conformance with the approved tentative map. It doesn't restrict development to that only - it is an entitlement which is optional.

Thank you all for your input, I wasn't sure if I was going to get a reply at all for a little while there.

Do you think this would be a question for an attorney rather than an LS?

The Condominium Units are not a further subdivision, so the merger does not seem right. I've heard more than once that " we can revoke the condo plan and CC&R's the day after we record them". Not sure about the "for condominium purposes", I agree that would be the City/County decision. Maybe... a merger after all, merge your one parcel for condos into a one parcels, and that gives you a certificate of compliance and then go get your building permit. Of course revoke the condo stuff also. Sounds like an attorney would be required.

Condominiums are governed by some state agency, but I don't recall which. Local jurisdictions don't have authority. It takes an attorney to create condos, so I'd start there and ignore the local planning dept.

Anthony Maffia wrote:Condominiums are governed by some state agency, but I don't recall which. Local jurisdictions don't have authority. It takes an attorney to create condos, so I'd start there and ignore the local planning dept.

Great idea if you never want to build anything on your newly unencumbered lots. You are right that local authorities don't have authority over condo plans, but depending on how the CC&R's are written, they may have some authority over amendments and terminations of that agreement. I would recommend giving the local agency the courtesy of involving them in the discussions on how to resolve the issue so you don't get jammed up later.