Lawyer Monthly Magazine - September 2021 Edition

In addition to the map and the condominium plan, a Declaration of CC&Rs (sometimes referred to as a Condominium Enabling Declaration) is required. State laws require such Declarations to be in a certain form and to include certain provisions. Such laws regulate and restrict provisions to be included in such Declarations. All states have laws regulating the offering of condominiums for sale to the public by the original developer of the condominiums, or by anyone who owns and is offering more than a certain number of condominiums for sale at any point in time. In those jurisdictions where the creation and the sale of condominiums is heavily regulated, a team effort is required to successfully develop a project. The key members of the team will be the surveyor or engineer who will be creating the map and the condominium plan; the land use lawyer who will be assisting in obtaining the entitlements for the local jurisdiction and from the state regulatory agency; and the title company or independent professional who will be acting as the liaison between the developer and the state regulatory agency responsible for reviewing the project documentation and, eventually, approving the project for sale to the public. In the case of condominiums being offered for sale interstate, the developer must be aware of and comply with the Interstate Land Sales Full Disclosure Act. John Hanna, Partner Partner, Hanna & Van Atta 525 University Avenue, Suite 600, Palo Alto, California 94301 T: 650-321-5700 | F: 650-321-5639 E: jhanna@hanvan.com www.hanvan.com 58 WWW.LAWYER-MONTHLY.COM | SEP 2021 EXPERT INSIGHT John Hanna is one of the leading land use lawyers in California. He has represented clients and obtained entitlements for over 3,000 projects. He has also been selected in Best Lawyers, Who’s Who in America, San Francisco’s Best Lawyers, and Silicon Valley’s Best Lawyers.” Hanna & Van Atta is one of the most experienced law firms in California in real estate matters, and the premier law firm in matters pertaining to common interest development in the State of California. The firm is located in Palo Alto and represents commercial and residential developers, land users, and the commercial real estate and home building industries throughout California. Hanna & Van Atta’s three partners offer over 100 years of combined experience as lawyers who have specialised in all aspects of legal representation in the fields of real estate law. It was not until the early 1960s that the rst condominium statutes were passed.