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had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. SEC. 3. Section 65852.26 of the Government Code is amended to read: 65852.26. (a) A local agency shall allow an accessory dwelling unit to be sold or conveyed separately from the primary residence to a qualiﬁed buyer if all of the following apply: (1) The accessory dwelling unit or the primary dwelling was built or developed by a qualiﬁed nonproﬁt corporation. (2) There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualiﬁed buyer and the qualiﬁed nonproﬁt corporation that satisﬁes all of the requirements speciﬁed in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code. (3) The property is held pursuant to a recorded tenancy in common agreement that includes all of the following: (A) The agreement allocates to each qualiﬁed buyer an undivided, unequal interest in the property based on the size of the dwelling that each qualiﬁed buyer occupies. (B) A repurchase option that requires the qualiﬁed buyer to ﬁrst offer the qualiﬁed nonproﬁt corporation to buy the accessory dwelling unit or primary dwelling if the buyer desires to sell or convey the property. (C) A requirement that the qualiﬁed buyer occupy the accessory dwelling unit or primary dwelling as the buyer’s principal residence. (D) Affordability restrictions on the sale and conveyance of the accessory dwelling unit or primary dwelling that ensure the accessory dwelling unit and primary dwelling will be preserved for low-income housing for 45 years for owner-occupied housing units and will be sold or resold to a qualiﬁed buyer. (E) If the tenancy in common agreement is recorded after December 31, 2021, it shall also include all of the following: (i) Delineation of all areas of the property that are for the exclusive use of a cotenant. Each cotenant shall agree not to claim a right of occupancy to an area delineated for the exclusive use of another cotenant, provided that the latter cotenant’s obligations to each of the other cotenants have been satisﬁed. (ii) Delineation of each cotenant’s responsibility for the costs of taxes, insurance, utilities, general maintenance and repair, improvements, and any other costs, obligations, or liabilities associated with the property. This delineation shall only be binding on the parties to the agreement, and shall not supersede or obviate the liability, whether joint and several or otherwise, of the parties for any cost, obligation, or liability associated with the property where such liability is otherwise established by law or by agreement with a third party. (iii) Procedures for dispute resolution among the parties before resorting to legal action. (4) A grant deed naming the grantor, grantee, and describing the property interests being transferred shall be recorded in the county in which the property is located. A Preliminary Change of Ownership Report shall be 90 —26 — Ch. 752