Condominiums, Stock Cooperatives, Etc.
(Excerpts from the California Civil Code)
783. A condominium is an estate in real property described
in subdivision (f) of Section 1351. A condominium may,
with respect to the duration of its enjoyment, be either
(1) an estate of inheritance or perpetual estate, (2)
an estate
for life, (3) an estate for years, such as a leasehold
or a subleasehold, or (4) any combination of the foregoing.
(Repealed and Added by Stats. 1985, Ch. 874.)
783.1. In a stock cooperative, as defined in subdivision
(m) of Section 1351, both the separate interest, as
defined in
paragraph (4) of subdivision (l) of Section 1351, and
the correlative interest in the stock cooperative corporation,
however designated, are interests in real property.
(Added by Stats. 1985, Ch. 874.)
1351. As used in this title, the following terms have
the following meanings:
(a) "Association" means a nonprofit corporation
or unincorporated association created for the purpose
of
managing a common interest development.
(b) "Common area" means the entire common
interest development except the separate interests
therein. The
estate in the common area may be a fee, a life estate,
an estate for years, or any combination of the foregoing.
However, the common area for a planned development specified
in paragraph (2) of subdivision (k) may consist
of mutual or reciprocal easement rights appurtenant
to the separate interests.
(c) "Common interest development" means any
of the following:
(1) A community apartment project.
(2) A condominium project.
(3) A planned development.
(4) A stock cooperative.
(d) "Community apartment project" means a
development in which an undivided interest in land
is coupled with
the right of exclusive occupancy of any apartment located
thereon.
(e) "Condominium plan" means a plan consisting
of (1) a description or survey map of a condominium
project,
which shall refer to or show monumentation on the ground,
(2) a three-dimensional description of a condominium
project, one or more dimensions of which may extend
for an indefinite distance upwards or downwards, in
sufficient detail to identify the common areas and each
separate interest, and (3) a certificate consenting
to the
recordation of the condominium plan pursuant to this
title signed and acknowledged by the record owner of
fee
title to that property included in the condominium project.
In the case of a condominium project which will
terminate upon the termination of an estate for years,
the certificate shall be signed and acknowledged by
all
lessors and lessees of the estate for years and, in
the case of a condominium project subject to a life
estate, the
certificate shall be signed and acknowledged by all
life tenants and remainder interests. The certificate
shall also
be signed and acknowledged by either the trustee or
the beneficiary of each recorded deed of trust, and
the
mortgagee of each recorded mortgage encumbering the
property. Owners of mineral rights, easements, rights-of-
way, and other nonpossessory interests do not need to
sign the condominium plan. A condominium plan may be
amended or revoked by a subsequently acknowledged recorded
instrument executed by all the persons whose
signatures would be required to record a condominium
plan pursuant to this subdivision.
(f) A "condominium project" means a development
consisting of condominiums. A condominium consists
of an
undivided interest in common in a portion of real property
coupled with a separate interest in space called a
unit,
the boundaries of which are described on a recorded
final map, parcel map, or condominium plan in sufficient
detail to locate all boundaries thereof. The area within
these boundaries may be filled with air, earth, or
water, or
any combination thereof, and need not be physically
attached to land except by easements for access and,
if
necessary, support. The description of the unit may
refer to (1) boundaries described in the recorded final
map,
parcel map, or condominium plan, (2) physical boundaries,
either in existence, or to be constructed, such as
walls,
floors, and ceilings of a structure or any portion thereof,
(3) an entire structure containing one or more units,
or (4)
any combination thereof. The portion or portions of
the real property held in undivided interest may be
all of the
real property, except for the separate interests, or
may include a particular three-dimensional portion
thereof, the
boundaries of which are described on a recorded final
map, parcel map, or condominium plan. The area within
these boundaries may be filled with air, earth, or water,
or any combination thereof, and need not be physically
attached to land except by easements for access and,
if necessary, support. An individual condominium within
a
condominium project may include, in addition, a separate
interest in other portions of the real property.
(g) "Declarant" means the person or group
of persons designated in the declaration as declarant,
or if no
declarant is designated, the person or group of persons
who signed the original declaration or who succeed
to
special rights, preferences, or privileges designated
in the declaration as belonging to the signator of
the original
declaration.
(h) "Declaration" means the document, however
denominated, which contains the information required
by
Section 1353.
(i) "Exclusive use common area" means a portion
of the common areas designated by the declaration for
the
exclusive use of one or more, but fewer than all, of
the owners of the separate interests and which is or
will be
appurtenant to the separate interest or interests.
(1) Unless the declaration otherwise provides, any shutters,
awnings, window boxes, doorsteps, stoops, porches,
balconies, patios, exterior doors, door frames, and
hardware incident thereto, screens and windows or other
fixtures designed to serve a single separate interest,
but located outside the boundaries of the separate
interest, are
exclusive use common areas allocated exclusively to
that separate interest.
(2) Notwithstanding the provisions of the declaration,
internal and external telephone wiring designed to
serve a
single separate interest, but located outside the boundaries
of the separate interest, are exclusive use common
areas allocated exclusively to that separate interest.
(j) "Governing documents" means the declaration
and any other documents, such as bylaws, operating
rules of
the association, articles of incorporation, or articles
of association, which govern the operation of the common
interest development or association.
(k) "Planned development" means a development
(other than a community apartment project, a condominium
project, or a stock cooperative) having either or both
of the following features:
(1) The common area is owned either by the association
or in common by the owners of the separate interests
who possess appurtenant rights to the beneficial use
and enjoyment of the common area.
(2) A power exists in the association to enforce an
obligation of an owner of a separate interest with
respect to
the beneficial use and enjoyment of the common area
by means of an assessment which may become a lien upon
the separate interests in accordance with Section 1367.
(l) "Separate interest" has the following
meanings:
(1) In a community apartment project, "separate
interest" means the exclusive right to occupy
an apartment, as
specified in subdivision (d).
(2) In a condominium project, "separate interest"
means an individual unit, as specified in subdivision
(f).
(3) In a planned development, "separate interest"
means a separately owned lot, parcel, area, or space.
(4) In a stock cooperative, "separate interest"
means the exclusive right to occupy a portion of the
real property,
as specified in subdivision (m).
Unless the declaration or condominium plan, if any exists,
otherwise provides, if walls, floors, or ceilings are
designated as boundaries of a separate interest, the
interior surfaces of the perimeter walls, floors, ceilings,
windows, doors, and outlets located within the separate
interest are part of the separate interest and any
other
portions of the walls, floors, or ceilings are part
of the common areas.
The estate in a separate interest may be a fee, a life
estate, an estate for years, or any combination of
the
foregoing.
(m) "Stock cooperative" means a development
in which a corporation is formed or availed of primarily
for the
purpose of holding title to, either in fee simple or
for a term of years, improved real property, and all
or
substantially all of the shareholders of the corporation
receive a right of exclusive occupancy in a portion
of the
real property, title to which is held by the corporation.
The owners' interest in the corporation, whether evidenced
by a share of stock, a certificate of membership, or
otherwise, shall be deemed to be an interest in a common
interest development and a real estate development for
purposes of subdivision (f) of Section 25100 of the
Corporations Code.
A "stock cooperative" includes a limited equity
housing cooperative which is a stock cooperative that
meets the
criteria of Section 33007.5 of the Health and Safety
Code.
(Added by Stats. 1985, Ch. 874; Amended by Stats. 1987,
Ch. 357; Amended by Stats. 1989, Ch.1150; Amended
by Stats. 1991, Ch. 263.)
1372. Unless a contrary intent is clearly expressed,
local zoning ordinances shall be construed to treat
like structures,
lots, parcels, areas or spaces in like manner regardless
of whether the common interest development is a
community apartment project, condominium project, planned
development, or stock cooperative.
(Former Section 1370 was repealed by Stats. 1985, Ch.
874; Added and Renumbered by Stats. 1985, Ch. 874.
Amended by Stats. 1989, Ch. 1150.)