For the purposes of this chapter, the following definitions shall apply:
"Applicant"shall mean the person or persons applying for new construction or conversion who possess an ownership interest, either as principal or agent, in land or a building.
"Association"shall mean the organization of persons who own a project.
"Common"shall mean property with undivided ownership.
"Common Interest Development"shall mean any of the following: a community apartment project, a condominium project, a planned unit development, or a stock cooperative.
"Community Apartment"shall mean a development in which an undivided interest in land is coupled with the right of exclusive occupancy of any apartment located thereon (Section
1351(d) of State Civil Code).
"Condominium"shall mean an estate in real property consisting 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 any structure or any portion thereof;
(3) An entire structure containing one or more units; or
(4) Any combination thereof.
The portion or portions of 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 the 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 (Section 1351(f) of the State Civil Code). |
"Conversion"shall mean a change in the type of ownership of a parcel of land, together with the existing structures, from residential rental realty to community apartment, stock cooperative, or condominium.
"Planned Unit Development"shall mean a development (other than a community apartment project, a condominium project, or a stock cooperative) having either or both of the following features (Section
1351(k) of State Civil Code):
(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 of the State Civil Code.
"Project"shall mean a common interest development.
"Public Report"shall mean the final subdivision public report for a project of five or more dwelling units issued by the California Department of Real Estate pursuant to Section
11013.2 of the Business and Professions Code.
"Separate Interest"shall mean the following:
(1) In a community apartment project, "separate interest" shall mean the exclusive right to occupy an apartment as specified in Section 11-12.02(e).
(2) In a condominium project, "separate interest" shall mean an individual unit as specified in Section 11-12.02(f).
(3) In a planned development, "separate interest" shall mean a separately owned lot, parcel, area, or space.
(4) In a stock cooperative, "separate interest" shall mean the exclusive right to occupy a portion of the real property as specified in Section 11-12.02(l).
"Stock Cooperative or Stock Cooperative Apartment"shall mean a corporation 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 such corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation. A stock cooperative includes a limited equity housing cooperative which is a stock cooperative that meets the criteria of Section
33007.5 of the State Health and Safety Code (Section
1351(m) of the State Civil Code).
"Unit"shall mean the element in a project which is exclusively owned or occupied individually and not in common with the owners of other elements of the project.
(Ord. 94-29, eff. 12/15/94)