Section § 4285

Explanation

When creating a condominium plan, it must have three main parts: a map or survey that shows the layout and ground markers; a detailed 3D description that clearly identifies shared areas and individual units; and a signed certificate allowing the plan to be officially recorded according to specific rules.

A condominium plan shall contain all of the following:
(a)CA Civil Law Code § 4285(a) A description or survey map of a condominium project, which shall refer to or show monumentation on the ground.
(b)CA Civil Law Code § 4285(b) 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 area and each separate interest.
(c)CA Civil Law Code § 4285(c) A certificate consenting to the recordation of the condominium plan pursuant to this act that is signed and acknowledged as provided in Section 4290.

Section § 4290

Explanation

This section outlines who needs to sign a certificate to approve recording a condominium plan. First, it requires signatures from the property's fee title owner. Second, if the condo ends when a lease expires, both lessors and lessees must sign. Third, for condos with life estates, both life tenants and those with future interests need to sign. Fourth, any trustees or beneficiaries of deeds of trust, plus mortgagees, must also provide signatures. However, if rights like mineral rights or easements don't involve possessing the property, those holders don't need to sign. If a conversion to condos has been approved under specific rules, only those approving need to sign.

(a)CA Civil Law Code § 4290(a) The certificate consenting to the recordation of a condominium plan that is required by subdivision (c) of Section 4285 shall be signed and acknowledged by all of the following persons:
(1)CA Civil Law Code § 4290(a)(1) The record owner of fee title to that property included in the condominium project.
(2)CA Civil Law Code § 4290(a)(2) In the case of a condominium project that will terminate upon the termination of an estate for years, by all lessors and lessees of the estate for years.
(3)CA Civil Law Code § 4290(a)(3) In the case of a condominium project subject to a life estate, by all life tenants and remainder interests.
(4)CA Civil Law Code § 4290(a)(4) The trustee or the beneficiary of each recorded deed of trust, and the mortgagee of each recorded mortgage encumbering the property.
(b)CA Civil Law Code § 4290(b) Owners of mineral rights, easements, rights-of-way, and other nonpossessory interests do not need to sign the certificate.
(c)CA Civil Law Code § 4290(c) In the event a conversion to condominiums of a community apartment project or stock cooperative has been approved by the required number of owners, trustees, beneficiaries, and mortgagees pursuant to Section 66452.10 of the Government Code, the certificate need only be signed by those owners, trustees, beneficiaries, and mortgagees approving the conversion.

Section § 4295

Explanation

If a group wants to make changes to or cancel a condominium plan, every person who needs to sign, as per a related rule, must sign off on the change or cancellation. This has to be officially recorded and acknowledged.

A condominium plan may be amended or revoked by a recorded instrument that is acknowledged and signed by all the persons who, at the time of amendment or revocation, are persons whose signatures are required under Section 4290.