Recognition of rights in air space, with the provisions that like structures and lots be treated alike in zoning ordinances, can clear up some of the confusion that may come about, as well as being more equitable.
In addition, it may be desirable to define an air space in a condominium multi-family differently than a "lot. The City Planning Code has no provisions that would prevent the separate sale of individual units in a multiple dwelling apartment building on a condominium basis. The Planning Code does contain minimum lot size provisions that might prohibit the separate sale of individual portions of an apartment building site, and it has additional provisions such as those relating to minimum lot area per dwelling unit, maximum ratio of floor area to lot area maximum building coverage, required yards, and off-street parking that might also prohibit separate sale of portions of the site, but none of these questions is raised where the site remains in undivided common ownership.
This provision does not refer to ownership interests in any way, though for administrative purposes the Department ordinarily reviews proposals for the use of land in terms of Assessor's lots, which are the basis on which property owners and builders customarily draw up such proposals.
The phrase "none of these questions is raised where the site remains in undivided common ownership" is particularly important because it differentiates, in terms of practical application, an apartment building from a row house or single-family development where the land as well as the dwelling units may be individually owned. As yet, the latter kind of development has not come up for study in San Francisco, but public officials feel that planned unit development provisions may provide a way in which this kind of development can be done.
The difficulty in establishing land development policies for condominium developments other than apartments was well stated by the Attorney General of California: In general, it should be noted that no uniform rule can be established regarding the applicability of particular regulatory statutes or ordinances to condominium developments through the mere use of such terms as "lot" or "parcel. However, if the units of air space were laid out in single dwellings over a large area, such as is found in some horizontal condominiums, the requirements of "minimum lot size" might well be applicable.
It is apparent that each project must be measured against the purposes of the statute in question and the intention of the legislative body in enacting it on a case-by-case basis. It is entirely possible that the legislative body of a city may still wish to set a minimum lot size for an individual condominium unit within a row or cluster development even if it fully sympathizes with the condominium principle.
In essence then, it would say that most of the land in a particular kind of project can be held in undivided ownership, but that a specific amount of land surrounding each separate unit should be owned in fee. For example, Palm Springs, California, requires that each single-family condominium unit shall contain a minimum of 4, square feet of lot area. Similarly, condominium projects constructed in Berkeley, California, and Richmond, Virginia, have met the requirements of the zoning ordinance for gross density, building coverage, open space and off-street parking.
The planned unit development provision in the zoning ordinance provides, perhaps, the best means of guiding the development of a condominium project. Because the concept has been adequately discussed elsewhere, 15 it will not be covered here at length. However, a number of planners who have given some thought to the condominium type of development have concluded that planned development provisions provide the greatest degree of flexibility, while maintaining adequate controls over land development.
It is thus possible to vary the requirements for minimum lot size, maximum building coverage, minimum front, side and rear yards, and distance between structures, while at the same time providing more open space and community facilities, lowering developmental costs, and allowing greater design freedom. A word of caution concerning the community's land development ordinances and their application, or misapplication, to the condominium is in order. Planning agencies will always have to cope with the land developer who purposely subverts a valid development concept in order to make a quick dollar.
If the concept is relatively new, the developer has the ignorance of the public official working in his favor. Paradoxically, the developer describes his proposal with virtuous adjectives of "progress" and "flexibility. The use of the condominium has already provided us with the example of this type of developer.
A planning commission has recently confronted with a proposal of a developer based upon the condominium concept. The site of the proposal was slightly larger than ten acres and was located in a zoning district requiring a minimum lot area of 7, square feet per dwelling unit. The proposed development consisted of almost detached single-family houses. The resulting density would be just under 15 dwelling units per gross acre — more than double the density prescribed in the zoning district.
There would be no lot lines as such; each house would be individually owned, with accompanying driveways being privately maintained.
All of the land, including streets, would be held in condominium. Taxes and payments for services such as water and sewers were proposed to be prorated to the individual owners. The site plan provided an arrangement of houses much like any typical detached single-family subdivision. Each dwelling was set back from the street an identical distance, with relatively the same amount of space for side and rear yards.
In essence, each unit was placed in the middle of a site as if there were rigid lot lines and yard requirements that had to be observed. Average distances between sides of houses were ten feet; rear yards averaged fifteen feet in depth, with some even smaller. This pattern was then duplicated throughout the entire development.
No open space or any kind of community facility was provided. The street system was essentially a modified gridiron with curves appearing at right angle tangents. The right-of-way for all streets was thirty feet. This proposal was an obvious attempt to circumvent the community's land development ordinances. Used properly, the condominium, in conjunction with planned development provisions, can be used as a technique to accomplish design solutions that have not been executed very often in the past because of rigid zoning and subdivision ordinances.
Examples are the cluster subdivision and hillside development containing common recreation areas. The condominium form of property ownership will probably grow in popularity, because of a number of advantages over other forms of tenure, such as the stock cooperative, and because of the federal government's mortgage insurance program. This type of ownership will largely be used in multi-family apartment structures, but it may be used to some extent in single-family dwellings.
In the latter instance, the concept may foster more variety and design flexibility in residential neighborhoods. Although there are complexities in the legal and financial aspects of the condominium, these do not necessarily cause problems for the planner since their solution lies outside the area of his professional competence.
The problems that primarily concern the planner — zoning and subdivision regulation — seem relatively easy to solve through the modification of state and local legislation. Such things as minor changes in definitions and procedures come to mind. Perhaps most important of all, the difficulty in applying land development ordinances to the condominium demonstrates some of the basic faults of the traditional, lot-by-lot, rigid techniques of zoning and subdivision land development control.
Localities which have not kept their land development ordinances up to date by the addition of such provisions as the planned unit development provision will find it difficult to process condominium projects. But those agencies which have continually re-evaluated their regulations and controls will take the condominium and the challenges it presents in stride.
Charles E. F, May 10, See, for example, Robert P. Berkman, "Condominium — A New Concept. Friedman and James K. Letter from Herbert L. Letter from Clyde O. Fisher, Jr. Janice B. Anderson, Seneca B. Berkman, Robert P. Borgwardt, John P. Condominium Abecedarium. Davila, Horrace E. Ellman, Howard N. Everett, William S. Washington, D. Friedman, Herbert J. Ho, Chinn. Neville, James F. Ramsey, Charles E. Senate, Committee on Banking and Currency.
Housing Legislation of , pp. Vogel, Harold N. No personal liability, but may abandon with surrender of equity. Default of one co-owner on mortgage or faxes will not involve others. Default on any portion of assessment obliges others to make up, to protect their interests. Default of one co-owner on maintenance charges obliges others to make up deficit.
Same; see above. No limitations on right of resale. Applicants carefully screened by tenant committee; those not satisfactory to majority cannot buy. Standard of maintenance controlled by tenant policies set by majority.
New improvements only when agreed to by unanimous consent. Easily refinanced in event of resale with new full mortgage. Cannot be refinanced independently. Is a condominium expensive? Condominiums are generally more expensive than apartment units. Was this article useful? Related Posts Rent agreement in Bangalore.
Everything you need to know about Udyam or Udyog Aadhar. All about home construction loans. How are celebs staying fit during the lockdown?. What is contractors method of valuation of commercial property?. Comments comments. The individual condo owner is the landlord. The condo managed individually or with the help of a property management company. It is managed and services are provided by the corporation. A condominium in India should have a minimum of five housing units. An apartment building is one which has the ability to house a minimum of 10 families.
More personal touch seen and better amenities are present. Most maintenance and upkeep and maintenance charges depend on you. A housing society, through an RWA, will provide the services for you at nominal rates. At least 10 different families must have bought premises within a building, to term it as an apartment building.
An individual can form a condominium, as long as there are five units. Title of land is transferred to the society. The society is the owner and the home buyers are members of this society. The society issues shares of the society to home buyers. There may be no cap on transfer fee and it is more flexible too.
Bylaws are strictly followed and changes to them can rarely be made. Upkeep and maintenance costs of the shared common spaces are spread out among all the condo owners. When expensive repairs are needed, such as upgrading the HVAC system or replacing the roof, these costs are also shared.
Condo owners pay for their shared amenities through monthly fees to the HOA. Maintenance, utilities, insurance, security, and capital improvements all may be included in HOA fees, although property taxes are not commonly included.
HOA fees are usually raised yearly or every few years to keep pace with inflation. These rules typically cover things like the appearance of the outside of the unit, what kind of pets are allowed, and guidelines about leasing units to renters. The lower initial costs of a condo compared to a single-family home make a condo an attractive option for the first time homebuyer or older adults looking to downsize.
Condos, by definition, all share a similar ownership model, but the specifics of each condo complex can vary greatly. Living in a condo complex geared toward retirees may be ideal for older people, while those same owners might regret buying a unit in a building full of younger residents.
People who prefer the space and privacy of a detached house may not be satisfied with sharing an apartment-style building with other condo owners, but may find a suitable tradeoff in a townhouse-style condo complex. In big cities, condos can be quite expensive, and saving to buy one takes diligent personal budgeting. If saving for a condo is one of your goals, opting for an affordable rental while you save can help you get there.
Bungalow offers private rooms in shared homes that are less expensive than living alone.
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