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Understanding Condominiums and Their Impact on Building Codes (because you asked)

Understanding Condominiums and Their Impact on Building Codes​

The term "condominium," or "condo," can sometimes create confusion in discussions about building codes, so let’s break down what a condo actually is and how it intersects with building regulations. This article will provide a simple, clear explanation that helps clarify the relationship between condos, ownership structures, and their classification under building codes like the International Building Code (IBC).

What is a Condominium?​

A condominium is a type of real estate ownership where individuals own their specific units within a larger building or complex. At the same time, all the owners share collective ownership of the common areas, such as hallways, roofs, amenities, and the land on which the building sits. While each unit has its own Parcel Control Number (PCN) for tax purposes, meaning each owner pays their own property taxes, the common areas are maintained by a condo association.

Even in small developments with just a few units, a condominium association is typically formed to handle the upkeep of these shared spaces. The association is responsible for enforcing the rules of the condominium and managing common expenses, which each unit owner contributes to.

Condo Ownership vs. Usage​

One point of confusion arises from the difference between ownership and the actual use of the building. A condominium is simply a form of ownership, not a specific building type or use. Condos can be high-rise buildings, townhouses, or even detached homes. What matters for building codes is not the ownership structure but how the units are used.

Building Code Classifications​

In the world of building codes, it’s important to classify buildings based on how they are used, not who owns them. Here’s where the distinction between condo ownership and building code classification comes into play:

  • R-2 Classification (IBC): Most condos fall under the R-2 classification. This classification is for buildings or portions of buildings that contain more than two dwelling units where the occupants are primarily permanent in nature. Think of typical condos, apartments, and other multi-family residences where people live full-time or semi-permanently.
  • R-1 Classification (IBC): Some condo units may fall under the R-1 classification if they are used as transient lodging. This could include vacation rentals or properties in which occupants stay for short periods, such as hotels, motels, or short-term Airbnb rentals.
While both of these classifications can apply to "condos" based on their usage, it’s the building’s function—whether it’s transient lodging or permanent housing—that determines the code classification, not the fact that it’s a condominium.

Parcel Control Numbers (PCN) and Property Taxes​

One of the unique aspects of condo ownership is that each unit typically has its own PCN for taxation. This allows each owner to be responsible for paying property taxes on their specific unit, just as if it were a separate home on its own lot. However, the land and common areas, like hallways or the roof, are shared and managed by the condo association. This joint responsibility for common spaces is a core element of condo living and why the association exists.

The Source of Confusion​

Sometimes confusion arises in discussions around condos because people may conflate the ownership structure (condominium) with the use of the building (residential or transient lodging). This can make discussions about building codes tricky since the IBC doesn’t classify buildings by ownership type—it’s all about how the building is used.

When we talk about "condos," it’s helpful to clarify whether we are discussing the form of ownership or the type of occupancy. For example, a high-rise condo building might be classified as R-2 in one case (permanent residential), but some of its units could be considered R-1 (transient lodging) if used as short-term vacation rentals.

In Summary​

  • A condo is a form of ownership, not a specific building type.
  • Building codes like the IBC classify buildings based on their use, not ownership structure.
  • Condos used for permanent residences typically fall under the R-2 classification.
  • Condos used for transient lodging may be classified as R-1.
  • Each condo unit has its own Parcel Control Number (PCN) for tax purposes, even though the land and common areas are shared.
By focusing on how a building or unit is used, rather than how it’s owned, we can have more productive discussions about how condos fit into the building code landscape. When in doubt, look at the building’s function—this will guide the correct code classification and ensure clarity in future conversations.
 
Y'all want to see some craziness? Check this out:
Here's a snippet from the above link:

66342. 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.

Go ahead, laugh it up...
 
Y'all want to see some craziness? Check this out:
Here's a snippet from the above link:

66342. 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.

Go ahead, laugh it up...

Somebody doesn't know what "accessory" means.
 
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