Subdivision (Condominium)

Condominium Plat

Garden City Code 8-5C-2 and Idaho Statute 55-15 govern the creation of condominiums, or the division for separate interest of a common real property.

Idaho Statutes DEFINITIONS (55-1503): Condominium, Project, Property, Unit, Common Area, Management Body,  Limited Common Area, Person.

 

Step 1 Application:

Submit completed application on a city issued form and pay associated fees fees.

 

Idaho Statute REQUIREMENTS TO QUALIFY (55-1504): .this act shall apply to condominiums only:

a) if there shall be recorded in the county in which such condominiums are located  a declaration, as provided in this act, together with a plat or plats, and

b) if said documents, or either of them,  contain an expression of intent to create a project which is subject to the provisions of this act, and

c) if at least one of such documents contains:

    (i) a plat or survey map of the surface of the ground included within the project,

    (ii) diagrammatic floor plans of the building or buildings built or to be built thereon in sufficient detail to identify each unit, its relative location and approximate dimensions, showing elevations where multi-level or multi-story structures are diagrammed, and

    (iii) a certificate consenting to the recordation of such documents pursuant to this act, executed and acknowledged by the record owner and the holder of any recorded security interest in such property.

 

A condominium project is created if there has been substantial compliance in good faith with the provisions of this section. CONTENTS OF DECLARATION (55-1505)

(1) The declaration shall contain the following:

(a)  A legal description of the surface of the ground within the project.

(b) A legal description of each unit in the project, which description may consist of the identifying number, symbol or name of such unit as shown on the plat.

(c) The percentage of ownership interest in the common area which is to be allocated to each unit for purposes of tax assessment under section 551514 and for purposes of liability as provided by section 55-1515. Such percentage shall be fixed by taking as a basis the value of each unit in relation to the value of the property as a whole.

 

Step 2 Apply:

Since condominium plats do not require a public hearing, the decision is at the administrative level where the Planning Official is the recommending authority to City Council and the City Council is the deciding body.

 

Please submit one copy of all application materials and all application materials in electronic format in person or via mail.  The electronic materials can be emailed to building@gardencityidaho.org.

 

Step 3 Between Submitting the Application and the Meeting with City Council:

The City Council meets the 2^nd and 4^th Monday’s of the month.  Once you have submitted, you will receive dates that City Council will review your application via an acceptance letter.  Staff will then process the application in accord with statutory requirements. 

 

Staff will provide you with comments that the City receives as well as a staff report that provides a thorough analysis of your application with regards to Garden City Code, Title 8 as well as a synthesis of other department or agency comments and requirements to date.  While staff is reviewing your application, they may reach out to you to request clarification or additional materials necessary to complete their review.  Staff will provide you with the draft report in advance of the meeting with City Council so that you can provide feedback and let staff know if they have accurately captured the application, made any omissions, or had any misunderstandings.  Please provide feedback quickly so that it can be incorporated prior to the staff report being finalized.  Please also note that not all agency may be included at that time that staff shares the draft report with you.

 

Step 5: After the decision:

A written decision from the City Council will be provided to you.  If the request is approved by the City Council it will be recorded at the Ada County Land Records, and your condominium plat will be accepted.  

 

If you disagree with the City’s decision you can ask for a reconsideration within 14 days of the request in accordance with Idaho Statutes.  The written request must identify specific deficiencies in the decision for which the reconsideration is sought.  A takings analysis can be requested.