In addition to the requirement that a local agency allow the separate sale or conveyance of an accessory dwelling unit pursuant to Section 66341, a local agency may also adopt a local ordinance to allow the separate conveyance of the primary dwelling unit and accessory dwelling unit or units as condominiums. Any such ordinance shall include all of the following requirements: (a) The condominiums shall be created pursuant to the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4 of the Civil Code). (b) The condominiums shall be created in conformance with all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)) and all objective requirements of a local subdivision ordinance. (c) Before recordation of the condominium plan, a safety inspection of the accessory dwelling unit shall be conducted as evidenced either through a certificate of occupancy from the local agency or a housing quality standards report from a building inspector certified by the United States Department of Housing and Urban Development. (d) (1) Neither a subdivision map nor a condominium plan shall be recorded with the county recorder in the county where the real property is located without each lienholderâs consent. The following shall apply to the consent of a lienholder: (A) A lienholder may refuse to give consent. (B) A lienholder may consent provided that any terms and conditions required by the lienholder are satisfied. (2) Prior to recordation of the initial or any subsequent modifications to the condominium plan, written evidence of the lienholderâs consent shall be provided to the county recorder along with a signed statement from each lienholder that states as follows: â(Name of lienholder) hereby consents to the recording of this condominium plan in their sole and absolute discretion and the borrower has or will satisfy any additional terms and conditions the lienholder may have.â (3) The lienholderâs consent shall be included on the condominium plan or a separate form attached to the condominium plan that includes the following information: (A) The lienholderâs signature. (B) The name of the record owner or ground lessee. (C) The legal description of the real property. (D) The identities of all parties with an interest in the real property as reflected in the real property records. (E) The lienholderâs consent shall be recorded in the office of the county recorder of the county in which the real property is located. (e) The local agency shall include the following notice to consumers on any accessory dwelling or junior accessory dwelling unit submittal checklist or public information issued describing requirements and permitting for accessory dwelling units, including as standard condition of any accessory dwelling unit building permit or condominium plan approval: âNOTICE: If you are considering establishing your primary dwelling unit and accessory dwelling unit as a condominium, please ensure that your building permitting agency allows this practice. If you decide to establish your primary dwelling unit and accessory dwelling unit as a condominium, your condominium plan or any future modifications to the condominium plan must be recorded with the County Recorder. Prior to recordation or modification of your subdivision map and condominium plan, any lienholder with a lien on your title must provide a form of written consent either on the condominium plan, or on the lienholderâs consent form attached to the condominium plan, with text that clearly states that the lender approves recordation of the condominium plan and that you have satisfied their terms and conditions, if any. In order to secure lender consent, you may be required to follow additional lender requirements, which may include, but are not limited to, one or more of the following: (a) Paying off your current lender. You may pay off your mortgage and any liens through a
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