You just completed a draft of your subdivision map and are excited about the future prospects of your project.  Suddenly you find out that the City or County will not accept a road dedication, and is requiring you create an Association to maintain the road.  Typically, this type of Subdivision is considered a Common Interest Development and will require a six to nine-month processing period with t...

As you all know, when you have a project with an existing Deed of Trust, the Department of Real Estate requires that the existing loan be made subordinate to the CC&Rs.  This is accomplished through recording a “Subordination” or “Consent of the Lien Holder”, which effectively allows the CC&RS to “jump ahead” of the CC&Rs in priority of title. Do you know why the DRE requires this a...

The construction loan is recorded and construction is well underway. The DRE process is clicking along, and you just found out you need to negotiate with the Lender... Again. In an effort to fulfill their mission of consumer protection, the Department of Real Estate requires that certain documents be protected against any possibility of a loan foreclosure. In other words, certain documents that...
Stack of coins

Not all lots or units are created equal.  Sometimes the range of differences is based on square footage, location, or certain amenities like ADUs or outside patios.  Other times it may be simply that certain groups are designated as “affordable,” which requires a lower dues assessment level. If the difference is due to size, determining the variance is a function of calculating the unit sizes o...
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The Department of Real Estate oversees the marketing and sales of subdivided lands, which is generally defined as developments consisting of five (5) or more lots or units, for sale to members of the public.  With their mission to provide consumer protection to California homebuyers, the DRE review investigates subdivision offerings to prevent fraud and misrepresentation in subdivision sales. D...
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The success of the Costco chain of stores has proven that buying in bulk makes sense to a lot of us. From retail sales to real estate, the bulk purchase concept is logically sound. Builders who negotiate a purchase of all or a portion of a subdivision may find that the bulk sale is beneficial, allowing for a better purchase price, among other things. We see these types of transactions more and ...
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After the Final Public Report is issued, and the master documents are disbursed, the DRE file here at CBS is suspended, in case any issues or questions arise after the fact.  Many of the common questions are, “what happens after sales close?” When the first sale closes in a common interest development, the HOA springs to life. Assessments are due for collection on the first day of the followi...
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In response to a balcony collapse in Berkley, California in 2015, SB 721 has been passed and signed into law. Effective January 2019, all multi-family buildings containing at least 3 units are required to have any load-bearing balconies and decks inspected by a licensed architect, civil or structural engineer, or building contractor. This inspection must be paid for by the property owners and prov...
Sands through the hour glass

This is by far the most-frequent question we encounter in our day-to-day business.  And the good news is, that we can usually provide a fairly good estimate of the time period required for your particular project!  The Department of Real Estate is governed by specific timeframes in which they must respond to an application filing.  The regulatory timeframes, coupled with detailed information about...
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The time has finally come!  E-filing is available at the DRE.  All it requires is a quick registration with the Subdivision Online Public Reporting System, or SOPRAS.  Each SRP (Single Responsible Party) and each Subdivider must register to submit electronic files. Initially, Preliminary (Pink) Public Reports will be the only electronic filing application available, with the others to be coded ...