§ 9128.17. Residential Condominiums - Declaration of Covenants – Conditions and…

To achieve the purposes of CMC § 9128.11 , the Declaration of Covenants, Conditions and Restrictions relating to the management of the common area and facilities shall accompany all proposals for residential condominium usage made pursuant to the provisions of CMC § 9128.11 through § 9128.17 . In addition to such covenants, conditions and restrictions that may be required by the Department of Real Estate of the State of California or pursuant to Title 6 of Part IV of Division II of the California Civil Code 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:

Assignment or Conveyance of Private Open Space. The surface area and appurtenant airspace or private open space areas, including but not limited to the private patio, deck, balcony, solarium or atrium required by CMC § 9128.15 , and any integral portion 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.

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 CMC § 9128.15 , shall be described and irrevocably assigned by 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.

Assignment or 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 (2) spaces per unit, except that where two (2) parking spaces are totally within the boundary described by the interior surfaces of the unit, as they would be in townhouse development with a private entrance from the parking garage to the unit, they shall be conveyed as an integral part of the unit. To the maximum practical extent, the two (2) spaces assigned to each unit shall be contiguous. In no case shall the private storage area of one (1) unit overhang or take its access from 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 owner's unit, except that a unit occupant within the project may rent one (1) space to another unit occupant or to the Association. All parking spaces shall be solely for the purpose of parking motor vehicles as defined by the California Vehicle Code .

rking space of another unit. All parking spaces shall be used solely by unit owners, members of their families, their guests or lessees of the owner's unit, except that a unit occupant within the project may rent one (1) space to another unit occupant or to the Association. All parking spaces shall be solely for the purpose of parking motor vehicles as defined by the California Vehicle Code .

Maintenance of Impact Insulation Class. The Impact Insulation Class (IIC) rating of all separating floor/ceiling assemblies, as required by CMC § 9128.15 , shall be described in the Declaration. Where the minimum IIC rating is obtained through the use of floor covering(s), the Declaration should provide that said covering(s) shall not be removed for any purpose except cleaning or replacement, and shall further provide that any replacement covering(s) shall furnish not less than the degree of impact insulation afforded by covering(s) originally installed.

Right of Public Entry to Common Area. The City of Carson, the County of Los Angeles, the State of California, and the Government of the United States, and any department, bureau or agency thereof, shall have the right of immediate access to all portions of common areas of the project not assigned for the exclusive use of the owner of a particular unit at all times. Notice of such right of governmental agency access shall be prominently displayed in the common areas of the project.

Television and Radio Antenna. Individual television and radio antennas shall be prohibited outside of any owner's unit. The Declaration shall provide either 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 within the City.

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 (1) vote shall be allocated for each unit within the project. The amount of regular and special assessments may be made proportional to the gross square footage of each unit within the project.

Partition and Sale of the Project. An action may be brought by one (1) or more owners of units within the project for partition thereon by sale of the entire project as if the owners of all the condominiums in such project were tenants-in-common 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 (1) or more of the conditions set forth in Section 752b of the California Code of Civil Procedure, or that:

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

One-half or more of the project has been destroyed or substantially damaged and condominium owners holding in aggregate more than fifty (50) percent interest in the common areas are opposed to repair or restoration of the project; or

The most recently constructed dwelling structure has been in existence in excess of the number of years shown in the following table, the project is obsolete and uneconomic, and the percentage of condominium owners holding in aggregate a percentage interest in the common areas as set forth in the following table are opposed to repair or restoration of the project.

For purposes 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.

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 condition.

Enforcement. The Declaration shall contain a provision ensuring the right of any owner to enforce the terms of the Declaration.

Maintenance of Common Areas and Facilities.

Obligation. No Conditional Use Permit shall be granted for a residential condominium development unless the obligation for care, upkeep and management of the common element is imposed on a nonprofit corporation (the Association).

Assessments. 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 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 to 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.

improvement upon the common area shall be specified. The amount of regular and special assessments may be made proportional to the gross square footage to 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.

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 structures and/or common areas. To enable the City to exercise said optional veto, the Declaration shall provide that Association actions to decrease the annual assessment do not become effective until sixty (60) days after written notice of such action is given to the City.

Utility Easements Over Private Streets and Other Areas. If the condominium project contains private streets, provision shall be made for public utility easements in or adjacent to such private streets, adjacent to public streets or over other portions of the project to accommodate fire hydrants, water meters, street furniture, storm drainage, sanitary sewers, water and gas mains, electrical lines and similar urban infrastructure. The Commission may also require access routes necessary to assure that fire fighting equipment can reach and operate efficiently in all areas of the project.

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 thirty (30) days prior to its adoption by the owners; (2) either the City has approved the amendment or failed to disapprove it within said thirty (30) day period; and (3) the recorded instrument effecting such amendment shall recite that it was so submitted and approved or not disapproved.