Schmier

BACKGROUND

In 1996, appellant Kenneth J. Schmier converted two apartment units in Berkeley into condominiums. 2 At that time, Berkeley Municipal Code section 21.28.060(A) required that an owner converting an apartment to a condominium execute and record a lien on the property obliging the owner to pay an “ ‘Affordable Housing Fee’ ” based on a formula set forth in the code.

All further undesignated statutory references are to the Government Code. 2This was a joint project with his brother, Eric Schmier. However, Eric Schmier is now deceased, and Schmier is the sole plaintiff as “the owner in fee simple of two real properties which are condominium units . . . in the City of Berkeley.”

1 Accordingly, Schmier executed two lien agreements as a condition of approval of the conversion. The agreements provided in part, “[e]ach of the duties of the undersigned is created in consideration of the City’s approval of an Application for Conversion of TIC to Condominiums for the undersigned prior to the payment of the full Affordable Housing Fee required by law. . . .” (Boldface omitted.) It further specified, “[t]he undersigned represent and agree that they intend to convert this unit…