Chapter 20.20 — CONDOMINIUMS, COMMUNITY APARTMENTS AND STOCK COOPERATIVES

For the purposes of this chapter, subdivisions that include a condominium project, as defined in Civil Code Sections 783 and 1350 , a community apartment project, defined in Business and Professions Code Section 11004 , or a stock cooperative project as defined in Section 11003.2 of the Business and Professions Code, shall be regarded as containing more than four parcels. Maps of such projects need not show buildings or the manner in which the buildings or the airspace above the property shown on the map are to be divided, nor need individual parcels front on a dedicated and accepted county road, city street, or state highway as required by Sections 20.52.100 through 20.52.170 ; provided, however, that each condominium unit has access over an area of common ownership to the required dedicated and accepted thoroughfare. Fees for condominium maps shall be computed on the basis of parcels or lots of the surface of the land shown thereon as included in the project.

(Prior code §9-28 (part; Ord. NS 1061 §2, 1981; Ord. CS 179 §1, 1986)

Applications for condominiums, community apartments and stock cooperative shall be in accordance with the procedure established in Chapter 20.12 . In addition, the subdivider shall:

• A. Commencing at a date not less than sixty days prior to the filing of a tentative map, the subdivider or his or her agent, shall give notice of such filing, in the form outlined below to each person applying after such date for rental of a unit of the subject property immediately prior to the acceptance of any rent or deposit from the prospective tenant by the subdivider.

  1. The notice shall be as follows:

To the prospective occupant(s) of:

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(address)

The owner(s) of this building, at ________ (address), has filed or plans to file a tentative map with Stanislaus County to convert this building to a (condominium, community apartment, or stock cooperative project). No units may be sold in this building unless the conversion is approved by Stanislaus County and until after a public report is issued by the Department of Real Estate. If you become a tenant of this building, you shall be given notice of each hearing for which notice is required pursuant to Sections 66451.3 and 66452.5 of the Government Code, and you have the right to appear and the right to be heard at any such hearing.

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signature of owner or owner's agent)

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(dated)

I have received this notice on

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(date)

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(prospective tenant's signature)

2. Failure by a subdivider or his or her agent to give the notice required in subdivision 1 of this subsection shall not be grounds to deny the conversion. However, if the subdivider or his or her agent fails to give notice pursuant to this section, he or she shall pay to each prospective tenant who becomes a tenant and who was entitled to such a notice, and who does not purchase his or her unit pursuant to subsection D of Section 20.20.030 an amount equal to the sum of the following:

   • a. Actual moving expenses incurred when moving from the subject property, but not to exceed five hundred dollars;

   • b. The first month's rent on the tenant's new rental unit, if any, immediately after moving from the subject property, but not to exceed five hundred dollars.

• B. Pursuant to the provisions of Section 66427.1 of the Government Code, the subdivider shall give notice sixty days prior to the filing of a tentative map pursuant to Section 66452 of the Government Code, in the form outlined in subdivision 1 of this subsection to each tenant of the subject property.

  1. The notice shall be as follows:

To the occupant(s) of:

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(address)

The owner(s) of this building, at (address), plans to file a tentative map with Stanislaus County to convert this building to a (condominium, community apartment, or stock cooperative project). You shall be given notice of each hearing for which notice is required pursuant to Sections 66451.3 and 66452.5 of the Government Code, and you have the right to appear and the right to be heard at any such hearing.

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(signature of owner or owner's agent)

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(date)

2. The written notices to tenants required by this chapter shall be deemed satisfied if such notices comply with the legal requirements for service by mail.

(Prior code §9-28(a); Ord. NS 1061 §2, 1981; Ord. CS 179 §1, 1986)

The board shall not approve a final map for a subdivision to be created from the conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project unless it finds all of the following:

• A. Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has received, pursuant to subsection B of Section 20.20.020 , written notification of intention to convert at least sixty days prior to the filing of a tentative map pursuant to Section 66452 of the Government Code. There shall be a further finding that each such tenant, and each person applying for the rental of a unit in such residential real property has, or will have, received all applicable notices and rights now or hereafter required by this chapter or Chapter 3 of the Subdivision Map Act, commencing with Section 66451. In addition, a finding shall be made that each tenant has received ten days' written notification that an application for a public report will be, or has been, submitted to the department of real estate, and that such report will be available on request. The written notices to tenants required by this chapter shall be deemed satisfied if such notices comply with the legal requirements for service by mail.

• B. Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has been, or will be given written notification within ten days of approval of a final map for the proposed conversion.

• C. Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has been, or will be, given one hundred eighty days' written notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion. The provisions of this subsection shall not alter or abridge the rights or obligations of the parties in performance of their covenants, including, but not limited to, the provision of services, payment of rent or the obligations imposed by Sections 1941 , 1941.1 , and 1941.2 of the Civil Code.

• D. Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has been, or will be, given notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than ninety days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his or her intention not to exercise the right.

• (Prior code §9-28(b); Ord. NS 1061 §2, 1981; Ord. CS 179 §1, 1986)

The commission, acting pursuant to this chapter, shall approve or disapprove the conversion of an existing building to a stock cooperative within one hundred twenty days following receipt of a completed application for approval of such conversion.

(Prior code §9-28(c); Ord. NS 1061 §2, 1981; Ord. CS 179 §1, 1986)