PS Exam Preparation

Comprehensive preparation for the NCEES Principles and Practice of Surveying (PS) exam. 5 modules covering all 5 exam domains with 50 in-depth topics.

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Lesson 10

Condominiums, Associations & Zoning

Learning Objectives

After completing this topic, you should be able to:

Describe the unique surveying requirements for condominium projects
Explain the components of a condominium plat and their legal significance
Understand how zoning ordinances affect survey practice
Identify common zoning classifications, dimensional standards, and setback requirements
Describe deed restrictions, covenants, conditions, and restrictions (CC&Rs)
Explain how homeowner and condominium associations relate to surveying
Distinguish between public regulations (zoning) and private restrictions (CC&Rs)

Overview

Condominium surveys, zoning compliance, and deed restriction analysis represent specialized aspects of land surveying that frequently appear on the PS exam. Condominiums require three-dimensional property descriptions that extend surveying beyond traditional two-dimensional boundary work. Zoning ordinances and deed restrictions impose spatial constraints on land use that the surveyor must understand and depict on surveys, particularly ALTA/NSPS surveys where Table A items address these issues directly.

Key Concepts

Figure PS.5.10 — Condominium 3D Ownership

Condominium Surveys

A condominium is a form of property ownership where individual units are privately owned and the common areas (land, hallways, parking, amenities) are jointly owned by all unit owners through an association. The surveyor's role is to define the three-dimensional boundaries of each unit and the common elements.

What makes condominiums unique for surveyors:

Boundaries are three-dimensional (floors, walls, and ceilings define ownership)
Units may not touch the ground (upper-floor units have no direct land boundary)
Common elements are shared ownership, not individual parcels
The legal framework is governed by state condominium statutes
Creation requires a declaration, bylaws, and condominium plat

Components of a Condominium Plat

Site plan:

Shows the overall property boundary with bearings, distances, and curve data
Building footprints and their relationship to property lines
Common area improvements (parking, pools, landscaping, walkways)
Easements and rights of way
Setback lines and zoning compliance

Floor plans for each level:

Horizontal dimensions of each unit
Unit boundaries (typically interior wall faces or centerline of party walls)
Unit numbers and identifiers
Common element areas on each floor (hallways, stairwells, elevators, mechanical rooms)
Limited common elements assigned to specific units (balconies, storage units, parking spaces)

Vertical information:

Finished floor elevations for each level
Ceiling heights for each unit
Vertical extent of unit ownership (floor-to-ceiling or slab-to-slab)
Building height relative to the vertical datum

Required legal elements:

Unit ownership percentages (each unit's share of common elements)
Description of common elements
Description of limited common elements
Reference to the declaration and bylaws

Three-Dimensional Boundary Definition

Condominium unit boundaries are defined differently than traditional land boundaries:

Boundary Element	Common Definition Methods
Horizontal (walls)	Interior face of drywall, centerline of party walls, or exterior face of framing
Vertical (floors)	Upper surface of structural slab or upper surface of finished floor
Vertical (ceilings)	Lower surface of structural slab above or lower surface of finished ceiling
Building envelope	Exterior face of exterior walls (varies by declaration)

The declaration controls: The condominium declaration (master deed) defines exactly what constitutes each unit and what constitutes common elements. The surveyor must read the declaration carefully before preparing the plat.

Common Elements vs. Limited Common Elements

Common elements (owned by all unit owners):

Land underlying the building
Building structure (foundations, roof, exterior walls, structural elements)
Hallways, stairways, elevators
Mechanical systems (HVAC, plumbing, electrical to the point of unit connection)
Parking areas (unless assigned)
Recreational facilities
Landscaping and grounds

Limited common elements (reserved for use by specific unit owners):

Assigned parking spaces
Balconies and patios
Storage units
Individual HVAC equipment (window units, heat pumps)
Exclusive-use portions of common areas adjacent to specific units

Condominium Associations

The condominium association (homeowner association for condominiums) is responsible for:

Managing and maintaining common elements
Enforcing the declaration, bylaws, and rules
Collecting assessments from unit owners
Insuring common elements
Making decisions about modifications and improvements

Surveyor interaction with associations:

Associations may commission surveys for encroachment disputes between units
Boundary surveys may be needed when the building relationship to property lines is in question
As-built surveys verify that construction matches the approved condominium plat
Amendments to the condominium plat require a surveyor to prepare the amended plat

Zoning Ordinances

Zoning ordinances are local government regulations that control land use and development. The surveyor must understand zoning because:

ALTA surveys may require zoning classification and setback identification (Table A, Item 6)
Subdivision plats must comply with zoning dimensional standards
Site plans for development projects must show zoning compliance
Encroachments into setbacks create compliance issues that surveys identify

Common zoning classifications:

Classification	Typical Designation	Description
Single-family residential	R-1, RS	Detached single-family homes
Multi-family residential	R-3, RM	Apartments, townhouses, condominiums
Commercial	C-1, C-2	Retail, office, and service uses
Industrial	I-1, M-1	Manufacturing, warehousing, distribution
Agricultural	A-1, AG	Farming, rural uses
Mixed use	MU, MX	Combination of residential and commercial
Planned development	PD, PUD	Flexible zoning for unified developments

Zoning Dimensional Standards

Each zoning classification specifies dimensional requirements:

Standard	Definition
Front setback	Minimum distance from the front property line to the building
Side setback	Minimum distance from the side property line to the building
Rear setback	Minimum distance from the rear property line to the building
Maximum building height	Maximum height of structures (measured differently by jurisdiction)
Maximum lot coverage	Maximum percentage of the lot covered by impervious surface
Floor Area Ratio (FAR)	Maximum ratio of building floor area to lot area
Minimum lot area	Smallest permissible lot size in the zone
Minimum lot width	Narrowest permissible lot width at the front building line

Setback measurement:

Setbacks are measured from the property line, not the street centerline (unless otherwise specified)
Some jurisdictions measure from the right-of-way line
Overhangs, eaves, and projections may be permitted to encroach into setbacks to a limited extent
Corner lots may have two front setbacks or a front and a street-side setback

Deed Restrictions and CC&Rs

Deed restrictions are private agreements that restrict land use beyond what zoning requires.

Covenants, Conditions, and Restrictions (CC&Rs):

Recorded documents that run with the land
Created by the original subdivider or developer
Apply to all lots within the subdivision or development
Enforced by the homeowner association or by individual property owners
May be more restrictive than zoning (larger setbacks, use limitations, architectural standards)
Cannot be less restrictive than zoning (zoning sets the floor)

Common CC&R provisions affecting surveys:

Building setback lines (may exceed zoning setbacks)
Maximum building height
Minimum building size
Fence height and location restrictions
Accessory structure limitations
Driveway and parking restrictions
Architectural review requirements

Common wrong path — assuming zoning overrides CC&Rs (or vice versa). Zoning and CC&Rs are independent layers of restriction, and the more restrictive of the two controls. CC&Rs can never make land use less restrictive than zoning (zoning is the floor), but they can make it more restrictive (larger setbacks, tighter height limits, architectural standards). A zoning side-setback of 10 ft combined with a CC&R side-setback of 15 ft means the effective side setback is 15 ft, not 10 ft. Students sometimes answer "zoning governs" because zoning is "law" and CC&Rs are "private," forgetting that both are enforceable and the stricter wins. On an ALTA survey, both zoning and CC&R setbacks should be plotted, and any encroachment into either is noted as a compliance issue. Exam questions frequently test this by describing a structure that meets zoning but violates the CC&R; the correct response is to flag the CC&R violation even though zoning is technically satisfied.

Quick retrieval check — try before reading on.

▶A single-family residence is built 12 ft from the front property line. The zoning requires a 15 ft front setback; the recorded CC&Rs require a 20 ft front setback. Does the building comply with applicable land-use restrictions?

No — it violates both. Under zoning, the building is 3 ft into the required 15 ft front setback. Under the CC&Rs, the building is 8 ft into the required 20 ft front setback. Either violation independently makes the structure non-compliant. The CC&R provides the more restrictive standard (20 ft), so the "true" required front setback at this property is 20 ft, and the building violates that setback by 8 ft. On an ALTA survey, the surveyor should:

Plot the zoning setback line (15 ft) and the CC&R setback line (20 ft) if both apply to the property
Show the building position relative to both
Note in the surveyor's comments that the structure does not comply with either zoning or the CC&Rs
Leave the remedy (variance, zoning relief, CC&R amendment, demolition, encroachment agreement) to the client's attorney and local officials

The CC&Rs must be recorded and must apply to this parcel to be enforceable — a surveyor should verify this through the title commitment or recorded documents, not rely solely on the client's description.

Relationship Between Zoning and Deed Restrictions

Characteristic	Zoning	Deed Restrictions
Authority	Government (police power)	Private agreement
Enforcement	Government officials	Association or property owners
Amendment	Legislative process (public hearing)	Agreement of affected owners
Application	All properties in the zone	Specific subdivision or development
Relationship	Sets minimum standards	May exceed but not reduce zoning
Duration	Continues until rezoned	May have expiration dates
Surveyor's role	Report classification and setbacks	Plot any restrictions that can be located

Nonconforming Uses and Variances

Nonconforming use (grandfathering):

A lawful use that existed before the current zoning was adopted
May continue but typically cannot be expanded or resumed after abandonment
Surveyors may need to document the extent of nonconforming uses

Variance:

Permission to deviate from a specific zoning requirement
Requires a showing of hardship
Granted by the board of zoning appeals or equivalent body
Does not change the zoning classification

Special exception / conditional use:

A use permitted in a zoning district subject to specific conditions
Requires approval with conditions that must be met
The survey may need to document compliance with those conditions

Exam Tips

Condominium boundaries are three-dimensional -- floors, walls, and ceilings define unit ownership, not just a footprint on the ground
The condominium declaration (not the plat) defines what constitutes a unit versus common elements -- the plat depicts what the declaration describes
Limited common elements are common elements assigned for exclusive use by specific unit owners (balconies, assigned parking)
CC&Rs can be more restrictive than zoning but never less restrictive -- zoning sets the minimum floor
Setbacks are measured from the property line (or right-of-way line), not the street centerline
ALTA Table A Item 6(a) requires reporting zoning classification and setbacks; Item 6(b) requires a compliance determination
Floor Area Ratio (FAR) = total building floor area divided by total lot area -- know this definition
Nonconforming uses were legal when established but do not meet current zoning -- they may continue but generally cannot expand
The surveyor reports zoning and CC&R information but does not render legal opinions on compliance -- the surveyor states facts and measurements

PS Exam Preparation

Module 1: Legal Principles

Module 2: Professional Survey Practices

Module 3: Standards & Specifications

Module 4: Business Practices

Module 5: Areas of Practice