Local code · Santa Monica

Santa Monica — Condominium Conversion

Q: Can I separately sell an ADU as a condominium in Santa Monica?

An ADU condominium is addressed separately under § 9.31.026 , but it must comply with Chapter 9.24 as well. Additional requirements include an ADU safety inspection, lienholder consent before recordation, utility-provider notice, and—in an existing association—express written association authorization. § 9.31.026(C) .

The Santa Monica Condominium Conversion, explained in plain English with the controlling citations.

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Quick answer

In Santa Monica, a residential condominium conversion requires tenant notice, a Planning Division Conversion Report, and at least one year from tentative approval for tenants to locate alternative housing; approval generally also requires a rental vacancy factor above 5% for 90 days or a one-for-one rental-unit replacement alternative. § 9.24.040(A)(2)–(9)

Last reviewed: September 21, 2026 · AI-generated analysis · General information, not legal advice · details

Compiled from Santa Monica's adopted code with AI research tools and grounded in the sources cited below. Verify with Santa Monica planning staff before relying on it.

Overview

Santa Monica Municipal Code Chapter 9.24, Condominiums, regulates the conversion of existing residential or commercial property to condominium ownership, community apartment projects, stock cooperatives, and cooperative apartments. Its central focus is protecting tenants, ensuring building safety and disclosures, and requiring subdivision approvals before units may be sold separately. § 9.24.010; § 9.24.020.

A residential rental conversion cannot be approved unless tenants receive written relocation time of at least one year from tentative approval and the City makes the required conversion findings. § 9.24.040(A)(8)–(9)

A conversion is not simply a change in ownership. The applicant must first clear rental-removal requirements when applicable, give tenant notices, submit a pending-conversion notice and building report, and then pursue the required map and permit applications. § 9.24.040(A)(1)–(4).

Conversion Approval Path

A converting project requires a Tentative Map under Santa Monica Subdivisions & Land Divisions and compliance with Chapter 9.24. § 9.24.020. For a conversion, the Notice of Pending Application to Convert must be filed with the Planning Division before a Tentative Subdivision Map and Conditional Use Permit application is filed. § 9.24.040(A)(3).

The required filing sequence is consequential:

Obtain Rent Control Board approval for removing units from the rental market when a certificate of exemption or removal permit is required. § 9.24.040(A)(1).
Give tenants the Tenant’s Notice of Intent to Convert under Government Code § 66427.1 before filing the City notice. § 9.24.040(A)(2).
File the Notice of Pending Application to Convert, including the required tenant notice and Building Condition and History Report. § 9.24.040(A)(3).
Wait for the Planning Division’s Conversion Report; no Tentative Map or Conditional Use Permit application may be accepted until that report is prepared. The report deadline is 60 days after the pending-application notice is filed. § 9.24.040(A)(4).

Tenant Protection, Notice, and Relocation

Tenant protections are a substantive approval condition, not merely an outreach step. The initial tenant notice must state rights under state and local regulations, and every tenant must receive written notice of conversion-related public hearings. Tenants who move in after the initial notice must receive written notice of the pending conversion before occupancy. § 9.24.040(A)(2); § 9.24.040(A)(5).

The applicant’s Tenant Relocation Assistance Plan must identify the number of tenants interested in buying or relocating and provide specific assistance plans. § 9.24.040(A)(3). Residential tenants must also receive written notice giving at least one year from tentative approval to find alternative housing. § 9.24.040(A)(8).

For residential conversions, approval additionally depends on a General Plan consistency finding and either:

A City rental-housing vacancy factor above 5% for the 90 days before approval; or
A Planning Commission determination that the subdivider has added or will add one new rental unit for each rental unit removed by conversion. § 9.24.040(A)(9)(a)–(b).

No market-rate condominium or cooperative conversion is permitted until rental units demolished or converted in 1978 and 1979 have been replaced. § 9.24.040(A)(9)(d).

Required Conversion Materials and Buyer Disclosures

The Building Condition and History Report must be prepared by an inspection service or similar agency acceptable to the Building Officer and Fire Marshal. It must address the building’s construction date, proposed repairs and improvements, code violations, tenant and rent information, estimated unit prices, proposed CC&Rs, and the relocation plan. § 9.24.040(A)(3).

The subdivider must provide each prospective buyer with the report and the proposed CC&Rs. § 9.24.040(A)(3). This disclosure requirement makes the report a buyer-protection document as well as an application document.

Decision point	Santa Monica requirement	Code Reference
Rental-market removal	Obtain Rent Control Board approval where a certificate of exemption or removal permit is required.	§ 9.24.040(A)(1)
Tenant notice timing	Give the Tenant’s Notice of Intent before filing the Notice of Pending Application to Convert.	§ 9.24.040(A)(2)
City filing order	File pending-conversion notice before Tentative Map and Conditional Use Permit applications.	§ 9.24.040(A)(3)
City staff report	Planning Division prepares a Conversion Report within 60 days; map/CUP applications cannot be accepted first.	§ 9.24.040(A)(4)
Tenant relocation time	Give residential tenants at least one year from tentative approval to find alternate housing.	§ 9.24.040(A)(8)
Vacancy test	Residential conversion generally requires vacancy above 5% for 90 days, subject to the one-for-one rental-unit alternative.	§ 9.24.040(A)(9)(b)
Hotels and motels	Conversion to a condominium project or cooperative apartment is prohibited.	§ 9.24.040(B)
Buyer disclosures	Provide each prospective buyer the Building Condition and History Report and CC&Rs.	§ 9.24.040(A)(3)

Building Condition and Project Standards

Before unit sales, structural, electrical, fire, and life-safety systems must be—or be proposed to become—in good repair and maintenance, including Building Officer-required alterations or repairs. § 9.24.040(A)(6). The project must also have sound plumbing, water-heater insulation, circulated-hot-water piping where feasible, individual gas and electric meters unless impractical, protected trash areas, and any additional approval conditions. § 9.24.040(A)(7).

Residential off-street parking must meet the standards for new construction, be covered, and be located in the same structure as the associated dwellings. Nonresidential condominium parking must also meet new-construction requirements. § 9.24.030(A)–(B).

District applicability: no district-by-district conversion entitlement

Chapter 9.24 does not establish a conversion-only district list, permitted-use table, or dimensional standards for districts such as R1, R-1, or C-N. It instead requires new condominium projects to comply with the applicable district’s development standards, including setbacks and height, and allows more restrictive conditions when supported by findings. § 9.24.030(C).

Accordingly, a conversion applicant should not treat Chapter 9.24 as authority to add units, enlarge a structure, or bypass the parcel’s underlying Santa Monica zoning & planning overview rules. District-specific uses, bulk standards, and parcel applicability are not found in source materials for this page; verify with the jurisdiction.

CC&Rs, Warranties, and Project Administration

The CC&Rs must guarantee common-area components—such as roofs, plumbing, heating, air-conditioning, and electrical systems—for one year after sale of the last individual unit. Items installed in individual units must be guaranteed for one year after that unit’s escrow closes. § 9.24.030(D)(1)–(2).

The CC&Rs must also provide for common-area maintenance, code-compliant reconstruction after destruction or abolishment, and needed public-purpose dedications or easements. § 9.24.030(D)(3)–(5). Non-subdivider owners must be able to select or change the manager or homeowners association 90 days after 51% of units have been sold or transferred. § 9.24.030(E).

The City Attorney reviews the CC&Rs, and the subdivider may not change City-approved CC&Rs without City Attorney consent. The CC&Rs must prohibit later discriminatory occupancy or ownership restrictions based on age, race, national origin, handicap, sex, marital status, or similar characteristics. § 9.24.030(E).

The subdivider must estimate and guarantee maintenance costs for 24 months beginning when escrow closes on the first unit sold, and must pay normal maintenance costs above that estimate. § 9.24.030(F).

Construction-Related Conditions

If the project includes demolition, hazardous-materials review, public-works improvements, hauling controls, street-tree protections, and a construction-period mitigation plan may apply. § 9.24.030(H)–(L). Those requirements are project-triggered; a paper conversion without demolition or construction should not assume every construction condition applies.

Before demolition, the required industrial-hygienist report must include asbestos and lead review by the specified state-certified professionals, plus consideration of other listed hazardous materials. § 9.24.030(H). Related Santa Monica Demolition & Relocation requirements are outside Chapter 9.24 and should be evaluated separately.

New construction associated with a condominium project may also implicate design review, but Chapter 9.24 itself only requires compliance with applicable district standards and permits additional conditions. § 9.24.030(C).

ADU Condominium Cross-Reference

An ADU condominium is separately governed by § 9.31.026, which expressly requires compliance with Chapter 9.24. That separate provision addresses ADU sale or conveyance, safety inspection, lienholder consent, utility-provider notice, and existing-association authorization; those specific rules are not established by Chapter 9.24 itself. § 9.31.026(C).

Checklist

Confirm whether Rent Control Board approval, a certificate of exemption, or a removal permit is required before conversion. § 9.24.040(A)(1)
Deliver a Tenant’s Notice of Intent to Convert before filing the City’s pending-conversion notice. § 9.24.040(A)(2)
File the Notice of Pending Application to Convert before the Tentative Map and Conditional Use Permit applications. § 9.24.040(A)(3)
Include the tenant notice, Building Condition and History Report, proposed CC&Rs, rent and tenancy information, estimated unit prices, and Tenant Relocation Assistance Plan. § 9.24.040(A)(3)
Await the Planning Division’s Conversion Report before submitting an acceptable Tentative Map or Conditional Use Permit application. § 9.24.040(A)(4)
Give written notice of all public hearings to tenants and notify later tenants before occupancy. § 9.24.040(A)(5)
Put structural, electrical, fire, life-safety, plumbing, metering, and trash-area conditions into compliance as required. § 9.24.040(A)(6)–(7)
Give residential tenants at least one year from tentative approval to locate alternate housing. § 9.24.040(A)(8)
Demonstrate the applicable residential conversion findings, including the 5% / 90-day vacancy test or the one-for-one rental replacement alternative. § 9.24.040(A)(9)
Provide compliant parking, CC&Rs, warranties, and the 24-month maintenance-cost guarantee. § 9.24.030(A)–(F)

Risks & Ambiguities

Issue	Why it matters	What to verify
Rental-market removal approval	Conversion cannot be approved without Rent Control Board action when required.	Whether the building and units require a certificate of exemption or removal permit. § 9.24.040(A)(1)
Vacancy-factor finding	A residential conversion can fail even with a complete application if the required finding cannot be made.	Current City vacancy data, the 90-day period, and whether the one-for-one rental-unit alternative is available. § 9.24.040(A)(9)(b)
Historic 1978–1979 replacement bar	Market-rate conversion is prohibited until the identified prior rental-unit losses are replaced.	Whether the City considers this condition satisfied; verify with the jurisdiction. § 9.24.040(A)(9)(d)
Building report completeness	Missing tenant, condition, code-violation, improvement, price, CC&R, or relocation information can delay the application sequence.	Planning Division forms and Building Officer/Fire Marshal acceptability. § 9.24.040(A)(3)
District and project work	Chapter 9.24 defers new-project setbacks and height to the underlying district and allows added conditions.	Parcel zoning, Santa Monica Overlay Districts, proposed construction, and any required approvals. § 9.24.030(C)
Hotel or motel conversion	The prohibition is categorical.	Whether the existing use is a hotel or motel; verify with the jurisdiction. § 9.24.040(B)
ADU condominium	Separate-sale projects face additional map, inspection, lienholder, utility, and association rules.	Whether the proposal is an ADU condominium under § 9.31.026. § 9.31.026(C)

Plain-English Summary

In Santa Monica, converting rental apartments into condominiums is a tenant-protection and subdivision process, not a simple title change. Give tenants notice early, allow at least one year after tentative approval to relocate, document the building’s condition and the conversion plan, satisfy the City’s residential-conversion findings, and use CC&Rs that protect buyers and future owners. § 9.24.040; § 9.24.030.

Source References

Santa Monica Municipal Code, Chapter 9.24, Condominiums — purpose and applicability: § 9.24.010; § 9.24.020
Santa Monica Municipal Code — minimum condominium project requirements: § 9.24.030
Santa Monica Municipal Code — condominium conversion approvals and hotel/motel prohibition: § 9.24.040
Santa Monica Municipal Code — ADU condominium requirements cross-reference: § 9.31.026

Sources

Source passages

Santa Monica Zoning Code § 9.24.040 Medium relevance
Santa Monica Zoning Code § 9.24.010 Medium relevance
Santa Monica Zoning Code § 9.24.020 Medium relevance
Santa Monica Zoning Code § 9.31.026 Medium relevance
Santa Monica Zoning Code § 9.24.030 Medium relevance

Cited sections

Official Santa Monica code library

Frequently asked questions

Can I convert my Santa Monica rental apartments into condominiums?

Potentially, but approval requires Rent Control Board action when applicable, advance tenant notice, a pending-conversion filing, a Conversion Report, and the required residential findings. Tenants must receive at least one year from tentative approval to locate alternative housing. § 9.24.040(A)(1)–(9).

How much notice do tenants get before a condominium conversion in Santa Monica?

The applicant must give the Tenant’s Notice of Intent to Convert before filing the City’s Notice of Pending Application to Convert. Residential tenants must also receive written notice of at least one year from tentative approval to find alternative housing, and all tenants must receive written notice of public hearings. § 9.24.040(A)(2), (5), (8).

Does Santa Monica require a vacancy rate before approving apartment condominium conversions?

Yes. For residential conversions, the Planning Commission or City Council on appeal or review must generally find that the City’s rental vacancy factor exceeded 5% for the 90 days before approval. Existing rentals may instead be approved where the subdivider adds or will add one rental unit to City inventory for every rental unit removed through conversion. § 9.24.040(A)(9)(b).

What documents are required for a Santa Monica condominium conversion application?

The Notice of Pending Application to Convert must include the Tenant’s Notice of Intent to Convert and a Building Condition and History Report. That report covers building condition, code violations, repairs, improvements, rents, tenancy, projected unit prices, proposed CC&Rs, and a tenant relocation assistance plan. § 9.24.040(A)(3).

Do condominium buyers receive the building inspection report in Santa Monica?

Yes. The subdivider must provide each prospective buyer with the Building Condition and History Report and the CC&Rs. This is required for the conversion project, not just for City review. § 9.24.040(A)(3).

Can a Santa Monica hotel or motel be converted into condominiums?

No. Santa Monica prohibits conversion of a hotel or motel to a condominium project or cooperative apartment. § 9.24.040(B).

What parking is required for a Santa Monica condominium conversion?

Residential condominium parking must meet the new-construction parking standards, be covered, and be located in the same structure as the dwellings it serves. Nonresidential condominium parking must meet the applicable new-construction amount for the project’s use or uses. § 9.24.030(A)–(B).

What must Santa Monica condominium CC&Rs include?

CC&Rs must provide warranties, common-area maintenance provisions, reconstruction rules, and public-purpose dedication or easement provisions. They must also let non-subdivider owners select or change management or the homeowners association 90 days after 51% of units are sold or transferred, subject to City Attorney review. § 9.24.030(D)–(E).

Can I separately sell an ADU as a condominium in Santa Monica?

An ADU condominium is addressed separately under § 9.31.026, but it must comply with Chapter 9.24 as well. Additional requirements include an ADU safety inspection, lienholder consent before recordation, utility-provider notice, and—in an existing association—express written association authorization. § 9.31.026(C).

General information, not legal advice.

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