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Condo Plats
Posted by Williwaw on December 5, 2019 at 8:47 pmJust curious if others are seeing more of these being done elsewhere around the country. Last several years they seem to have become more and more popular with some developers looking to circumvent the platting process and oversight that comes along with it, no public review. They seem to be more popular with some developer seeking to build high density housing that might no otherwise fly and they’ve created some real time bombs around here when they are not on public water/sewer. I’ve had to try and educate some of the people I work with that these are not subdivisions that they are accustomed to seeing and that they need to deal with the ‘Association” rather than some individual property owner.
daniel-ralph replied 4 years, 9 months ago 7 Members · 8 Replies -
8 Replies
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Not so much around here. I think developers have discovered that it’s an illusory circumvention of mapping review, since development and building plans still go the same review and approval.
And, here in California, the Bureau of Real Estate does review the condominium diagrammatics before issuing the public report (White Paper) prior to sales.
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New construction for condominiums have a through regulatory process here. What I am seeing, is a lot of duplex homes being converted to condominiums. Nothing like having a condominium association made up of only 2 members. I envision many of these condos could become a nightmare of deferred maintenance if one party decides not to cooperate, or pay their share of the costs.
Our office had a boundary dispute at one duplex condominium between unit owners over the location of the line dividing their “exclusive use areas”. The condominium site plan defining that boundary had some errors on it. It was so bad between the unit owners, that it went to court. A few months ago we staked out the line according to the judge’s decree so each party would know where not to place their lawn furniture, etc. 😕
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The language in law that allows condo plats without review that I have been involved with are applicable only to existing structures. Now a structure can exist in fact or on a proposed plan. However in order to build a structure an approved plan is required. In essence one can include condo language on a proposed plan but it is not required. A condo plan is an ownership issue not a construction issue.
Paul in PA
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They have been around FL since the late ’60’s. I have recorded various plats for well over 5000 units in just one County. Condominium Law in FL is very specific and regulated tightly. ????
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I don’t disagree that this is an ownership issue, but that directly relates to the construction issue when down the road 20 years, the septic drain field fails because there are 4 or more family units wedged onto a piece of property that would only have enough usable area for a single family dwelling for this purpose and after years of abuse and neglect the system fails and there is nowhere to relocate it to and end result is a crack house slum. Just what you want next door.
Willy -
Condos were fairly popular around here for awhile but seem to have tailed off. I’ve done a few and would do it again, if asked, but I’m not going to chase such work. Too many ticky-tack details. Office intensive. Hard to make money.
My understanding is that developers and contractors have learned that every condo association is bound to have at least one member who either is a lawyer, or is related to one. Condos have become known as litigation magnets.
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I guess I seldom see that here because municipalities require a tested backup area before you build a new system. If a system fails and there is no room for a replacement, it is sometimes possible to replace in place. Did that for a trailer park. Another alternative is to acquire an easement on an adjacent property for the new system. Did that for a residential log cabin on a small lot. In fact you do not have to need a replacement to do the easement. I designed a 12 lot subdivision on a dual frontage lot, 7 & 5. Four of the 7 had system on the other 3 lots, and 3 of the 5 used 2 lots. Twenty years later when the municipality built their sewer system, the 5 lots were used for dwelling construction.
In my opinion it is highly probable that laws were broken to build the 4 dwelling units or convert 1 to 4.
Paul in PA
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@norman-oklahoma
I just renewed our E&O and one of the major carriers opted out because I have done a condo plat. They just don’t like that word anymore.
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