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Ada County Initial Review Process for Condominium Plats
Overview
By their very nature, condominiums are unique. An owner of a subdivision lot can look with pride at the ground and home that he owns and is responsible for. The owner of a condominium can revel in the fact that he owns nothing (air), and is responsible for everything else (the building and grounds) as a tenant-in-common. This owner relationship is so complex that instead of a simple drawing that depicts the land owned, an entire document (the Declarations) must be recorded that outlines ownership responsibilities, percentages, voting rights and a myriad of other details.
In the years from 1994 through 2003, between 1 and 7 condominium plats per year were recorded. In 2005 the number of condominiums reviewed jumped from an average of four to a total of 26, a 550 percent increase. In 2006 the number increased from 26 to 33. The normal review time for a condominium is two to three times the review of a standard subdivision plat, so an increase of 550 percent is substantial in terms of resources. In 2006 a fee increase was enacted to cover the substantial increase of time and to allow the department to add staff to help with this workload.
We cannot stress enough the communication between the surveyor (whose name is prominently on the plat) and the preparer of the declarations (whose name is seldom on anything). Many of the review problems associated with a condominium can be attributed to a lack of communication between the surveyor, the preparer of the declarations and the owner.
It must be stressed that while the initial review by the Ada County Surveyor’s staff tries to look at everything, the bulk of the declarations are generally only reviewed for statutory requirements. While we check to make sure that referenced sections and documents really exist, and that the number of typographical errors is kept to a minimum, we do not review for legal validity or context. Questions of a legal nature are intended for the preparer of the declarations to review and respond to.
The items that are specific to a condominium plat are presented in this section. Other applicable items are covered under subdivision plats. Refer to Idaho Code 55-15 Condominium Act for applicable condominium requirements.
Please be aware that this information is subject to change. There are more grey areas in Idaho Code than there are guidelines. As problems with previous submittals become apparent, we may implement changes to correct the problems. The goal of the Land Surveyor that was mandated by the State of Idaho is to protect the public. When it comes to Condominiums, think ahead. What you don’t consider now, you may have to explain later.
Some users may experience problems trying to print examples from this document. The best solution is to print using landscape orientation.
Resources
The information presented in this document is derived from the annual Ada County Plat Process Workshop, Idaho State Code and IDAPA Administration Code. It is possible that the legislature may at any time change the wording of Code references included here. If there is any question, go to the State of Idaho Statutes web site for current information.
The mostly anonymous examples included in this document are taken from the already public records of Ada County.
Web Page Contact Information
Phone: (208) 287-7900
County Surveyor Contact Information
Jerry Hastings, Ada County Surveyor
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