California Surveyors Forums

Where does the SMA address the creation and filing of Condominium Plans and their associated Subdivision Map? How does local ordinance affect the preparation of a Condo Subdivision or Townhome? When preparing a Condominium Plan what has been your experience?

Mine has been the following:

Condominium Plan is typically NOT checked by the City/County that has jurisdiction. It gets checked by the Architect, Developer and Attorney.
Condominium Plan shows how the property is to be used - either Common Areas or Private Areas and designated as such by measurements on the plan.

An associated Subdivision Map is created. Some jurisdictions want a Tract Map. Others a Parcel Map. Is this for 5 units or more or 4 units or less?
On the Subdivision Map there is only one lot. It does not show any easements. All service areas for utilities, access, etc. are shown on the Condo Plan as the Common Area.

The buildings are usually connected physically to one another (either via double walls or thick walls separating the units). Also I have seen where they are individual units not connected.

Commonly referred to as a Townhome Subdivision as I understand it, the individual lots are dirt lots shown on the Subdivision Map (Parcel Map for 4 or less lots or Tract Map for 5 or more lots). There are definite property lines, and easements shown on the final map. In some cases the actual building is one building with individual walls at the property lines. There is a separate Lot for the driveway area so I assume a Homeowners association will own that lot and all other owners contribute.

What are reasons why a Condo is used vs. Townhome Subdivision?

Sorry about the general questions but I was hoping to get some basic feedback to see if I understand these correctly. Thanks for the help.

The filing of a parcel map or final map (as appropriate, based on the number of units) is done to authorize the recording of the CC&Rs, which contain airspace diagramamtics for condominiums. The Department of Real Estate review these pursuant to the Subdivided Lands Act (contained in the Business & Professions Code), along with issuing the public report for five or more units. The CC&Rs are typically recorded concurrently, with cross references to the map and vice versa.
Local building departments will review the plans and will occasionally require a copy of the diagrammatics for comparison purposes.
"Dirt" lots for townhomes are shown on a parcel map or final map with full dimensions to the horizontal limits and common areas. These are sold just like single family detached lots, with ownership tied to the ground - not limited to airspace only.
To your point, SMA section 66424 defines condominiums. The tentative map and the parcel map or final map must state that it is for condominium purposes.

Thank you Warren for the clear direction!