This is an interesting question I received.

” If the State of California has not reviewed and “certified” (I’m not sure of the correct term) the complex because they have not reviewed the HOA or CC&Rs, is the complex therefore not technically a condominium project?”

The State of California does not “certify” or bless homeowner associations except through the approval process for  governing documents submitted by developers or their lawyers. And the documents may be for a condominium project or a planned development, a cooperative or a community apartment project.

The State of California requires all common interests that have 5 or more units to get the documents approved through the DRE. And the DRE issues a Final Report with the proper disclosures that are required about common interest developments.

I have heard of a situation where someone advertises a property as a condominium but the documents have not been approved by the Department of Real Estate. In that case, if the project has more than 4 units, there very well could be a violation of California law. If the project is 4 or fewer units, no DRE approval is required. The problem with that is there is no oversight of the creation and I have seen all kinds of screwy documents  with those since there is no regulation.

 

 

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