For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY. The City of Tulare.
COMMUNITY APARTMENT. An estate in real property consisting of an undivided interest in common in a parcel of real property and the improvements thereon coupled with the right of exclusive occupancy of any apartment located therein.
CONDOMINIUM PLAN. A plan consisting of a description or survey map of the surface of the land in the project, a diagram showing the dimensions and locations of the units and a certificate acknowledging the intent to create a condominium project and consenting to the recordation of such a plan pursuant to local ordinance and Cal. Civil Code Title 6, Part IV, Division II (§§ 1350 et seq.) by the record owner of the project and all record holders of security interests therein.
CONVERSION. A proposed change in the type of ownership of a parcel or parcels of land, together with the existing attached structures, to that defined as a condominium project, community apartment project or stock cooperative, regardless of the present or prior use of such land structures and of whether substantial improvements have been made to such structures.
OPEN SPACE. Land areas which are not occupied by buildings, structures, streets or alleys excepting other special landscaped areas or recreational oriented uses.
PRIVATE OPEN SPACE (USEABLE). Open space which is designed and maintained for the sole and exclusive use of the occupants of not more than one dwelling and may include covered patio areas.
PROJECT ELEMENTS. The condominium units which are to be conveyed, the areas and space which are to be assigned to such units and the common areas which are to be shared by the owners of all units. Such elements constitute the totality of the condominium project and are enumerated in formal declaration or statement within the condominium documents that includes the incidents of the condominium grant. Such enumerative description may contain irrevocable limitations on the use of the project elements, which are not appropriate for the declaration of covenants conditions, and restrictions.
RESIDENTIAL CONDOMINIUM.
(1) An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential complex located on such real property. A
RESIDENTIAL CONDOMINIUM may include, in addition, a separate interest in other portions of such real property. Such estate may, with respect to the duration of its enjoyment, be either:
(a) An estate of inheritance of perpetual estate;
(b) An estate for life; or
(c) An estate for years, such as a leasehold or sublease hold.
(2) A
RESIDENTIAL CONDOMINIUM is a unique land use, which has many similarities to the ownership of a single-family dwelling, except that it is usually marked by higher urban densities, contiguity of living units, and the aforementioned common interest in the parcel of real property on which it is situated.
RESIDENTIAL CONDOMINIUM COMMON AREA or COMMON AREA. The entire project excepting all units granted or reserved.
RESIDENTIAL CONDOMINIUM DOCUMENTS or CONDOMINIUM DOCUMENTS. The declaration of covenants, conditions and restrictions (“the declaration”), the description project elements, the condominium plan establishing a plan for residential condominium ownership and the articles of incorporation and bylaws of the association of the owners.
RESIDENTIAL CONDOMINIUM OWNER or OWNER. The owner of a residential condominium.
RESIDENTIAL CONDOMINIUM PROJECT or PROJECT. The entire parcel of real property divided or to be divided into condominiums including all structures located or to be located on such real property.
RESIDENTIAL CONDOMINIUM UNIT or UNIT. The elements of a residential condominium, which are not owned in common with the owners of other condominiums in the project. Minimum unit size is 800 square feet.
STOCK COOPERATIVE. 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, if 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, which right of occupancy is transferable only concurrently with the transfer of the share or shares of stock in the corporation held by the person having such right of occupancy.
(1995 Code, § 10.146.030) (Ord. 05-1990, passed 11-15-2005)