Opinion No. (2002)

BILL LOCKYER Attorney General GREGORY L. GONOT Deputy Attorney General THE HONORABLE CHARLENE GONZALES ZETTEL, MEMBER OF THE STATE ASSEMBLY, has requested an opinion on the following question: Is a development created in 1972 which was recorded under "a map of a condominium project" and granted a special use permit by the county "for a Planned Residential Development which is a condominium," where the residents own separate lots and an undivided interest in the lot constituting the common area, a "condominium project" or a "planned development" for purposes of California law? CONCLUSION A development created in 1972 which was recorded under "a map of a condominium project" and granted a special use permit by the county "for a Planned Residential Development which is a condominium," where the residents own separate lots and an undivided interest in the lot constituting the common area, is a "planned development" for purposes of California law. ANALYSIS The Davis-Stirling Common Interest Development Act (Civ. Code §§ 1350 - 1376 ; "Act") 1 governs the creation and management of condominium projects, planned developments, and certain other common interest developments.…