Condo Conversion

Partition

Often a condominium will be jointly owned and managed by two or more people. In cases where one the owners no longer wish to jointly own the property, one owner can request a partition.

Non-Owner Access

There are two main angles of non-owner access that are frequently of concern. The first is the right of the HOA to access a unit. The second is the right of one owner to access the property of another property owner.  Regarding the former, CC&R’s will often grant the right of access to an owners property for the purposes of fulfilling the HOA’s duties.  The exact level of access varies by CC&R.  Usually advance notice or pre-existing permission is a condition of access.  Regarding the latter, neighbor’s access to each others property is generally a condition of the CC&R’s.  This is most common in relation to property maintenance and repairs and usually requires advance notice or pre-existing permission.

HOA Rules or Governing Documents

HOA rules or Governing documents are simply the rules adopted by the collective individual owners of a condominium plan.

Exclusive Use or Restricted Common Area

Exclusive use or restricted common areas refer to areas that do not lie within a specific lot or unit but which an individual owner holds exclusive access or rights. Examples would be a dedicated parking space or a patio. These are important to note on the property deed and in the CC&R’s in order to prevent or resolve disputes over access at some later date or upon sale of the property. 

CC&R's - Declaration of Covenants, Conditions, and Restrictions

The phrase “CC&R’s” is common vernacular for San Francisco homeowners.  As condominium ownership and condo conversion are increasingly more attractive, the phrase “What do your CC&R’s say?” tends to come up frequently.