Legal Question in Real Estate Law in California
Condo or PUD
What is the absolute test to know if you are buying a condo or a PUD. There are conflicting answers as to just what the development and governing laws will be.
1 Answer from Attorneys
Re: Condo or PUD
First, the governing documents for a common interest development should sufficiently describe the nature of the ownership interest of individual homeowners. A condominium will generally be limited to "airspace" within a dwelling unit. The planned unit development, or PUD will reference ownership of the structure and land upon which the dwelling structure is located, not just the airspace within the dwelling unit. Further, you can look at the subdivision map recorded at the County Recorder's office - it will either reference a "condo plan", or it will specifically define the subdivided units as clearly identifiable lots. Finally, a title company in a purchase transaction should be able to advise you as to the nature of your purchase.
*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.