18.38.060 Organizational Documents.
A. Property Owners’ Association. A property owners’ association shall be established for all condominiums by recordation of the following:
1. Articles of incorporation of the association;
2. Declarations of covenants, conditions and restrictions (CC&Rs);
3. Bylaws of the association.
B. The City Approval of CC&Rs. The condominium CC&Rs shall be submitted to the City for approval at the time of the use permit application required by Larkspur Municipal Code Section 18.38.070 or with the submittal of the condominium tentative subdivision map if said use permit is not required. The CC&Rs must first be approved as to form and content by the City Attorney and then by the Planning Commission at the time the Commission takes action on either the use permit or the tentative map.
C. Required Provisions. The condominium CC&Rs shall contain but not be limited to the following provisions:
1. The provisions of Section 1355 of Title Six (Condominiums) of the California Civil Code.
2. Except where maintained by a public utility agency, all on-site property improvements, including common areas, vehicular accessways, sewers, storm drains, street lighting, fire prevention water systems, and landscaping shall be maintained at the expense of the association. The City will be responsible for maintenance of only those facilities, situated within a public right-of-way, that have been accepted by the City.
3. For the period beginning with the sale of the first unit and continuing for a period of one year after the sale of fifty (50) percent of the units the developer shall fulfill all responsibilities of the association for maintenance of all facilities that may require maintenance during this period. The expiration of this period shall not limit or relieve the developer from satisfactory performance of any agreements executed with the City.
4. In the event the maintenance responsibilities of the association are not fulfilled, the City shall have the power but not the obligation to enforce such maintenance. Any costs incurred by the City shall be recovered by placing a lien on the property following the procedure established in Larkspur Municipal Code Chapter 9.24.
5. The condominium shall be managed by a professional manager or management firm for at least the first year following the date of the sale of the first unit.
6. An individual owner cannot avoid liability for their prorated share of the expenses for the common area by renouncing their rights in the common area.
7. Establish the exclusive use of a designated parking space for each individual unit’s owner.
8. Any additional conditions as may be required by the City Attorney or the Planning Commission.
9. Any amendment or modification to this document relating to the provisions required by the City, must have the approval of the City. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(12), 2018; Ord. 667 § 1 (part), 1981)