To achieve the purpose of this section, the declaration of covenants, conditions and restrictions relating to the management of the common area an facilities shall accompany all proposals for condominium usage made pursuant to the provisions of this section. In addition to such covenants, conditions, and restrictions that may be required by the Department of Real Estate and the State of California or pursuant to Cal. Civil Title 6, Part IV, Division II or other state laws or policies, such declaration shall provide for the following, none of which, after acceptance in final form by the city, shall be amended, modified or changed without first obtaining the written consent of the city.
(A) Assignment of conveyance of private open space. The surface area and appurtenant airspace of private open space areas, including but not limited to the private patio, deck, balcony, solarium, or atrium required by § 10.146.070(A) of this chapter, and any integral potion of that space that may exceed the minimum area requirements, shall be described and irrevocably assigned to its respective unit except that where the private open space is totally within the boundary described by the interior surfaces of the unit, it shall be conveyed as an integral part of the unit.
(B) Assignment or conveyance of private storage areas. The surfaces and appurtenant airspace of private storage areas, including but not limited to the private storage space required by § 10.146.070(A) of this chapter shall be described and irrevocably assigned in the declaration or condominium plan to its respective unit, except that where the private storage space is totally within the boundary described by the interior surfaces of the unit, as it would be in a closet opening upon a unit’s room or hallway, it shall be conveyed as an integral part of the unit.
(C) Assignment of conveyance and use of required off-street parking spaces. Required off-street enclosed parking spaces, except guest parking spaces, shall be permanently and irrevocably assigned to particular units within the project on the basis of two spaces per unit, except that where two parking spaces are totally within the boundary described by the interior surfaces of the unit, as they would be in a townhouse development with a private entrance from the parking garage to the unit, it shall be conveyed as an integral part of the unit. To the maximum practicable extent the two spaces assigned to each unit shall be contiguous. In no case shall the private storage area of one unit overhang or take its access form the required off-street parking space of another unit. All parking spaces shall be used solely by unit owners, members of their families, their guests or lessees of the owners’ unit, except that a unit occupant within the project may rent one space to another unit occupant or to the association. All parking spaces shall be used solely for the purpose of parking motor vehicles as defined by the Vehicle Code of the State of California.
(D) Maintenance of impact insulation class. The Impact Insulation Class (IIC) rating of all separating floor/ceiling assemblies, as required by division (G) of this section, shall be described in the declaration.
(E) Television and radio antenna. Individual television and radio antennas shall be prohibited outside of any owner’s unit. The declaration shall provide for a central antenna with connections to each unit via underground or internal wall wiring, or each unit shall be served by a cable antenna service provided by a company licensed to provide such service with the city. A satellite dish may be allowed.
(F) Voting. For the purpose of voting, including without limitation voting to set the amount of regular or special assessments and for the purpose of amending the covenants, conditions, and restrictions, one vote shall be allocated for each unit within the project, provided, however that:
(1) Except as proved with respect to the developer of a project herein below, no owner shall be entitled to vote, directly or indirectly, more than ten percent of the total number of units in the project or a maximum of ten units whichever is the lesser; provided further, that where there are less than ten units in a project, the maximum voting power shall be one unit.
(2) Division (F)(1) above, shall not apply to voting by the developer of a project, provided that the declaration shall provide for all of the following:
(a) Voting by classes, one class being the developer and the other being all of the other owners;
(b) Wherever a particular percentage vote is required, the percentage shall be of each class voting separately; and
(c) Elimination of the developer’s separate voting class upon the earlier of the sale of 75% of the units or three years from the date of recordation of the declaration.
(G) Partition and sale of the project.
(1) An action may be brought by one or more owners of units within the project for partition thereon by sale of the entire project as if the owners of all of the condominiums in which project were tenants uncommon in the entire project in the same proportion as their interests in the common areas; provided, however, that a partition shall be made only upon a showing of the existence of one or more of the conditions set forth in Cal. Civil Code § 1354, or that:
(a) Two years after damage or destruction to the project which renders a material part thereof unfit for its use, the project has not been rebuilt or repaired substantially to its state prior to its damage or destruction; or
(b) One-half or more of the project has been destroyed or substantially damaged and condominium owners holding in aggregate more than 50% interest in the common areas are opposed to repair or restoration of the project;
(2) For the purpose of this section, multiple owners of a single unit shall not be deemed possessed, in the aggregate, of any greater interest in the common areas than that possessed by a single owner of a unit.
(H) Maintenance. The declaration shall contain a provision establishing the obligation and duty of the governing body of the condominium to maintain the common areas in good conditions.
(I) Enforcement. The declaration shall contain a provision insuring the right of any owner to enforce the terms of the declaration.
(J) Assessments for maintenance of common areas and facilities.
(1) General. In order to protect the public health, safety and welfare, provision shall be made both for annual assessments for maintenance and special assessments for capital improvements. The amount of the regular annual assessment, and the procedure for its change shall be specified. The manner in which special assessments may be levied for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the common area shall be specified. The amount of regular and special assessments may be made proportional to the gross square footage of each unit within the project. Both annual and special assessments may be collected on a monthly basis. The remedies which the association may bring for the nonpayment of assessments shall be specified and may include penalties for late payment.
(2) Veto right and authority of the city. In consideration for the city’s approval of a condominium project, including without limitation any approval of a conversion to condominium usage, the declaration shall provide that the city at its option has the right and authority to veto any action of the association which would tend to decrease the amount of the regular annual assessment upon a finding by the city that such a decrease could or would adversely affect the long-run maintenance of the condominium structure and/or its common areas. To enable the city to exercises said optional veto, the declaration shall provide that association actions to decrease the annual assessment do not become effective until 60 days after written notice of such action is given to the city.
(K) Utility easements over private streets and other areas. If the condominium project contains private streets, provision shall be made for public utility easements over the entire private street network. The City Planning Commission may also require public utility easements adjacent to public streets or over other portions of the project to accommodate fire hydrants, water meters shall be limited to the sale and/or supply of motor fuels and oils, to the sale of lines an similar urban infrastructure. The City Planning Commission may also require access routes necessary to assure that fire-fighting equipment can reach and operate efficiently in all areas of the project.
(L) Amendment of the declaration. Any amendment to the declaration, which would amend, modify, delete, or otherwise affect any provision required by this section, shall require the prior written approval of the city. To that end, no such amendment of the declaration shall be effective unless:
(1) The text thereof shall have been submitted to the city 30 days prior to its adoption by the owners;
(2) Either the city has approved the amendment or failed to disapprove it within the 30-day period; and
(3) The recorded instrument effecting such amendment shall recite that it was so submitted and approved or not disapproved.
(1995 Code, § 10.146.080) (Ord. 05-1990, passed 11-15-2005)