Condo plans are used with condominium developments, not planned developments. PUDs use a tract map which provides a two-dimensional description of individual ownership.
Defined. A condominium plan is filed by the
Declarant prior to the construction of the development and consists of a diagram and a description that identifies the boundaries of units, exclusive use common areas (such as balconies, patios, storage areas and parking spaces) and the common areas. (
Civ. Code §4120,
Civ. Code §4285.) See example
Condominium Plan.
A condominium is most often defined as air space bounded by the unfinished interior
surfaces of perimeter walls, ceilings floors windows and doors. However, some descriptions can vary significantly from the norm, which can impact maintenance obligations. Unless excepted by the notes in the condominium plan, all improvements contained in the condo's air space are part of the condominium. The notes will typically define bearing walls and common utilities as part of the common area even though they may be contained within the boundaries of a unit.
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 a 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.
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