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Defined. A condominium plan is filed by the Declarant prior to the construction of the development and consists of a diagrammatic description that identifies the boundaries of units, some or all of the exclusive use common areas (such as balconies, patios, storage areas and parking spaces) and the common areas (see example). (Civ. Code §4120, Civ. Code §4285) Condo plans are used with condominium developments, not planned developments. PUDs use a tract map which provides a two-dimensional description of individual ownership.

Finding Lost Plans. Even though condo plans are part of a condominium association's governing documents, they often are lost over the years. If that happens, there are two places to look. First, run a title search and see if the document was recorded. As a condition of issuing the final public report, the Bureau of Real Estate (BRE) requires that developers record their condo plans. Unfortunately, that does not always happen.

If condo plan was not recorded, check with the BRE. Builders are required to submit an unrecorded condominium plan as part of their filing. The filing becomes a part of the public record, which means associations can review and copy the records.

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

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