Moraga Municipal Code Art. 1 General Provisions

A. Findings. Residential condominiums, community apartments and stock cooperatives constitute separate dwelling units which usually are in close proximity to one another. The area surrounding dwelling units is a common area that is managed and maintained by the individual owners in accordance with the rules of an association agreement. This mix of individual and common ownership is different from single-family residences and apartment house use. In single-family homes the dwelling is physically separate and the yard areas are under the control of the owner. In conventional apartments there is an implied guarantee of continuous and effective management of the project. The occupant is not the owner of the unit and does not have the financial or problems of use, maintenance or resale associated with ownership. The unique nature of condominium, community apartment and stock cooperative projects tends to magnify the effects associated with higher urban densities to the point where they may have deleterious effects, upon the occupant, seller and buyer who often do not fully appreciate the implications of condominium, community apartment and stock cooperative living and ownership. This may lead to conditions of mismanagement, neglect and blight that impact upon the public health, safety, welfare and economic prosperity of the larger community. To avoid these problems, these projects should be treated differently from other multiple-family dwelling developments or other structures which are not residential condominium, community apartment and stock cooperative projects. The implementation of this section requires that special requirements for the conversion of existing multiple-family rental housing projects to residential condominiums, community apartments and stock cooperatives be adopted.

B. Purpose. The purpose of this chapter is to:

1. Establish criteria for the conversion of existing multiple-family rental housing to condominiums, community apartments, stock cooperatives and other subdivision which results in the conversion of existing rental housing;

2. Reduce the impact of conversions on residents in rental housing who may be required to relocate due to the conversion by providing procedures for notification and adequate time and assistance for relocation;

3. Assure that purchasers of converted housing have been properly informed as to the physical condition of the structure which is offered for purchase;

4. Ensure that converted housing achieves a high degree of appearance, quality and safety and is consistent with the goals of the town;

5. Provide a desirable balance of ownership and rental housing and a variety of choices of tenure, type, price and location of housing consistent with the general plan;

6. Attempt to maintain a supply of rental housing for low and moderate income persons.

(Prior code § 8-4401)

In this chapter unless the context otherwise requires:

"Association" is an organization composed of persons who own a condominium unit(s) or right of exclusive occupancy in a community apartment of stock cooperative and who are organized to operate and maintain common areas for condominiums.

"Common area" is the area that is available to the common use of unit owners in an entire project, except the individual units.

"Community apartment" is a residential unit within a community apartment project.

"Community apartment project" (as defined in Section 11004 of the Business and Professions Code) is a development of real property which an undivided interest in the land is coupled with the right of exclusive occupancy of a designated residential unit located on it. A community apartment project shall be treated in the same way as a residential condominium for the purposes of this chapter.

"Condominium" is an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property and a separate interest in space in a residential building such as an apartment.

"Condominium documents" are the covenants, conditions and restrictions, the description of the project elements, and other documents establishing a plan for condominium ownership.

"Conversion" is a change in the type of ownership of a parcel of improved real property to a condominium, community apartment or stock cooperative project.

"Open space" is open space on the project which is to be used for leisure and recreational purposes for the use and enjoyment of occupants of units on the project and to which the occupants have the exclusive right of use and enjoyment. An accessory structure such as a swimming pool, recreational building and landscaped area may be included as open space.

"Stock cooperative project" is a development of real property in which ownership is held by a corporation formed or availed primarily to hold title to improved property where the shareholders receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation and the right of occupancy is transferred concurrently with the transfer of shares in the corporation or membership certificate. A stock cooperative shall be treated the same way as a condominium for purposes of this chapter.

(Prior code § 8-4402)