Commercial condominium "Merger"

[falcon]

Good morning Y'all!

I am wondering if anyone has successfully worked with a Condo Attorney to "merge" two condos in an industrial condo building. An applicant is asking to put in a door between two that they own.

It's never happened at my agency, but I am open to the idea. Do you think they would need to Dissolve and Reform the COA? Or perhaps file a Covenant to hold together, with some wording that they cannot be sold separately until the "Original Condition" is restored as approved by the Building Department?

I will be requesting the CC&R's that are recorded, so I can review the notes and definitions to see about interior wall ownership as well. Curious to see who owns what first, as well as how the fractional ownership is defined.

Thoughts?

[Anthony Maffia]

Sounds like it's more work than necessary. I'd think the two current units could be deeded just like two lots in a subdivision.

If the dividing wall is structural, then leaving it with the owner's association may be for the best. The association could simply grant permission for the door.

That said, I'd think a new exhibit would suffice, recorded as a modification to the original plan / CC&Rs. It'd have to be coordinated with DRE.

[dedkad]

If your Building Department is receptive, you could propose a Lot Tie Agreement. Here's a sample from San Diego: https://www.sandiego.gov/sites/default/ ... sdds17.pdf