Unit Dimensions
Condominium units are checked for the same dimensional precision by the more stringent closure of 1 in 10,000 as found in the Ada County Code 8-6-4-3(B) than is outlined in Idaho Code 50-1303 for subdivisions. Some leeway will be given to relatively small area Units. See subdivision Lot Dimensions for further information.
While a 1 in 10,000 precision does not leave much room for error, especially on an area as small as a unit, remember that Idaho Code 55-1509 specifically defines that the existing physical boundaries of the unit “as originally constructed or as reconstructed in lieu thereof shall be conclusively presumed to be its boundaries rather than the metes and bounds expressed or depicted in the declaration, plat or plats, or deed “.
A point worth emphasizing is about clarity. Since a condominium is area, the ability for the owner to determine the actual amount of area (airspace) is important. Be clear about what is included in the unit, and the easiest way to achieve clarity is to keep it as simple as possible!
Several examples are given below.
Review
· Are the units dimensioned in such a way that there is no confusion about the area included in the unit?
· Are angles in the unit boundary identified with either a bearing or deflection angle?
Examples
Example 1
o Note that the exterior wall thickness is dimensioned differently than the interior walls. If the tie to the structure is to the inside of the walls, the exterior wall thickness becomes superfluous information. If the tie is to the exterior building corner, then it becomes a piece of required information to locate the interior building corner.
o Dividing walls within the unit boundary are generally not shown. These are (or should be) covered in the declarations. See Idaho Code 55-1505.2.b
o What do the dashed lines define? Is it noted? Does it look like another line type in the legend? Why would we care? If it helps to show the orientation of the structure, the common area or the limited common area, it is accepted. Otherwise, it is either confusing, or wasted ink.
Example 2 – Single Story Unit
o Note that the distance between the finish floor and ceiling on the left is a duplicate of the difference in elevations shown on the right. The dimension shown within the building is sufficient. The actual elevation is not required. The only time this “100.00” elevation would be of use, is if the elevation actually represented a real local elevation, which was referenced for flood plain reasons. Even this is of questionable value, as flood plains can change.
Example 3 – Two (or Multiple) Story Unit
o Simple and to the point. A linear dimension for “the airspace so encompassed” is shown in two dimensions, and the linear widths match the dimensions in the plan view.
o What does the “finish grade” represent? The bottom of a floor joist, bottom of a concrete floor or the existing ground adjacent to the exterior of the structure? This “grade” should be defined. However since it represents a non-critical elevation in identifying the “airspace”, it is generally ignored as a comment.
Example 4 – Wall Angles
o In this case, there was a note on the face of the plat that indicated all “building angles are 90° unless otherwise noted”. They did not otherwise note the two 135-degree interior angles. While this particular angle can be accurately calculated, it is not the readers responsibility to calculate the angle. Show the angles.
o In Example 5 (below), note that an angled wall is shown as a bearing instead of a deflection angle. This is acceptable, as long as at least one of the end walls are labeled with a bearing.
Example 5 – Area Reporting Considerations
o In this case, structural members (pillars) were located within the units. It is not required to precisely locate the freestanding pillars within the units. Although the pillars were dimensioned, the dimensions are not clearly shown in this example. Make sure that the pillars are either individually dimensioned or shown with a typical dimension.
o If the Percentage Ownership Interests in the Common Area are based on square feet, instead of value as defined in Idaho Code, then the surveyor should verify that the area for the unit that is reported in the declarations, either excludes the common area (occupied by the pillars) or notes that the area of the pillars is included in the area shown. In this case, if the pillars were 1.5’x 1.5’, it would represent approximately 42.75 sq, ft of unusable space. The cost of this space in dollars may be considerable.
References: I.C. 50-1303, Ada County Code 8.6.4.3(B)
Last revised: 12/10/2008 1:12:51 PM