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Interesting Multi-Family Question / Unique Ownership Model

E

ETThompson

Registered User
Joined
May 19, 2017
Messages
186
Location
Columbus, Ohio
Hi,

We have a project with an "outside the box" ownership model. Initially it will be designed and permitted as a typical R-2 apartment, 3 stories, with units along a corridor and exits/stairs at each end.

However, the intent is that ultimately that a group of (4) units, including the owner's, would be owned by a resident landlord (see plan diagram). The building is a linear layout, with "bays" open to open space on the ends. Level 1 is the lower level of the owner's unit. Levels 2 and 3 have a corridor down the middle. Level 2 has the upper level of the owner's unit (on one side of corridor), and a 1-bedroom on the other side of corridor. Level 2 has another 1-bedroom on one side of corridor, and a studio on the other side, again with corridor down the middle. There is an egress stair at each end of the corridor. Ultimately each "bay" (4 units) would be owned by one landlord.

These groups of (4) units would be considered separate lots in the final ownership, and the development team wants to make the project code compliant even when owned as separate lots. I understand that there isn't an enforcement mechanism after you get a permit, but could we/how could we design a code-compliant building if we want to plan for this future scenario? If there were essentially lot lines crossing the corridor (and therefore "openings" on the zero lot line) how would that affect fire separation distances? Is it even potentially permissible to have to egress crossing another property?

I know this is a strange question, I'm trying to research for my boss and would appreciate any thoughts, comments or creative ideas...

Thanks, Eric
 

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Don’t they call this a condo?

or Apartments, with condos?

or hotel, apartments, condos

R-2


Never done a condo so not sure which occupancy it is.

Someone has to own the shell
 
Last edited:
From the 2018 IBC. See Exception #2 in red below.

706.1.1 Party Walls
Any wall located on a lot line between adjacent buildings, which is used or adapted for joint service between the two buildings, shall be constructed as a fire wall in accordance with Section 706. Party walls shall be constructed without openings and shall create separate buildings.
Exceptions:
  1. Openings in a party wall separating an anchor building and a mall shall be in accordance with Section 402.4.2.2.1.
  2. Fire walls are not required on lot lines dividing a building for ownership purposes where the aggregate height and area of the portions of the building located on both sides of the lot line do not exceed the maximum height and area requirements of this code. For the code official's review and approval, he or she shall be provided with copies of dedicated access easements and contractual agreements that permit the owners of portions of the building located on either side of the lot line access to the other side for purposes of maintaining fire and life safety systems necessary for the operation of the building.
 
That is called a condominium, but it is still considered a Group R-2--ownership does not factor into building code application. With condominiums, there is only one lot and that is usually controlled by the condominium owners association, but owners own everything within the walls of their specific unit.
 
ETThompson said:
Hi,

We have a project with an "outside the box" ownership model. Initially it will be designed and permitted as a typical R-2 apartment, 3 stories, with units along a corridor and exits/stairs at each end.

However, the intent is that ultimately that a group of (4) units, including the owner's, would be owned by a resident landlord (see plan diagram). The building is a linear layout, with "bays" open to open space on the ends. Level 1 is the lower level of the owner's unit. Levels 2 and 3 have a corridor down the middle. Level 2 has the upper level of the owner's unit (on one side of corridor), and a 1-bedroom on the other side of corridor. Level 2 has another 1-bedroom on one side of corridor, and a studio on the other side, again with corridor down the middle. There is an egress stair at each end of the corridor. Ultimately each "bay" (4 units) would be owned by one landlord.

These groups of (4) units would be considered separate lots in the final ownership, and the development team wants to make the project code compliant even when owned as separate lots. I understand that there isn't an enforcement mechanism after you get a permit, but could we/how could we design a code-compliant building if we want to plan for this future scenario? If there were essentially lot lines crossing the corridor (and therefore "openings" on the zero lot line) how would that affect fire separation distances? Is it even potentially permissible to have to egress crossing another property?

I know this is a strange question, I'm trying to research for my boss and would appreciate any thoughts, comments or creative ideas...

Thanks, Eric
Click to expand...
Similar to apartment ownership in NY? Consider a CC&R requirement? Who is responsible for shell maintenance? Check with HUD too.
 
Thanks! That exception is helpful. Does not seem to appear in our 2017 Ohio Building Code (based on the 2015 IBC), but I think if it's in the 2018 IBC we could make a case for it.
 
Right, I think conceptually it is a condominium but with the unusual case of the ownership lines crossing the corridor...does that even matter?
 
ETThompson said:
Right, I think conceptually it is a condominium but with the unusual case of the ownership lines crossing the corridor...does that even matter?
Click to expand...
Corridors are typically considered common areas controlled by the condominium owners association. Your situation isn't any different than if an owner bought four units in a high rise condo all on nonadjacent stories and leased those out. The only difference here is that the developer wants to bundle four units together that are immediately adjacent to each other. If the developers want to "sell" portions of the corridor for each owner to control or even portions of the land upon which the quads are located, that's their prerogative (who owns the stairs?). However, from a building code point of view, it is still one building on one lot.
 
odd concept but not really a code issue, doesnt matter how ownership hashes out a unit remains a unit.
 
Ty J. has it right - - it's all about mutual access easements and covenant / maintenance agreements.

Off-topic: From a management (not code) standpoint, it would make sense to either treat the corridor as common area, or to have the homeowner's association be in charge of maintenance. Otherwise, one owner might keep their part of the corridor clean, while the next owner trashes it.
 
CCR's would have to spell out that there are only 4 owners with right to sublet/sell each of their n"units".
Reserve account deposits would be higher for each as would monthly operational costs.
 
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