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(a) Paying off your current lender. <br />You may pay off your mortgage and any liens through a refinance or a <br />new loan. Be aware that refinancing or using a new loan may result in <br />changes to your interest rate or tax basis. Also, be aware that any subsequent <br />modification to your subdivision map or condominium plan must also be <br />consented to by your lender, which consent may be denied. <br />(b) Securing your lender’s approval of a modification to their loan <br />collateral due to the change of your current property legal description into <br />one or more condominium parcels. <br />(c) Securing your lender’s consent to the details of any construction loan <br />or ground lease. <br />This may include a copy of the improvement contract entered in good <br />faith with a licensed contractor, evidence that the record owner or ground <br />lessee has the funds to complete the work, and a signed statement made by <br />the record owner or ground lessor that the information in the consent above <br />is true and correct.” <br />(F) If an accessory dwelling unit is established as a condominium, the <br />local government shall require the homeowner to notify providers of utilities, <br />including water, sewer, gas, and electricity, of the condominium creation <br />and separate conveyance. <br />(G) (i) The owner of a property or a separate interest within an existing <br />planned development that has an existing association, as defined in Section <br />4080 of the Civil Code, shall not record a condominium plan to create a <br />common interest development under Section 4100 of the Civil Code without <br />the express written authorization by the existing association. <br />(ii) For purposes of this subparagraph, written authorization by the <br />existing association means approval by the board at a duly noticed board <br />meeting, as defined in Section 4090 of the Civil Code, and if needed pursuant <br />to the existing association’s governing documents, membership approval <br />of the existing association. <br />(H) An accessory dwelling unit shall be sold or otherwise conveyed <br />separate from the primary residence only under the conditions outlined in <br />this paragraph or pursuant to Section 65852.26. <br />(11) An accessory dwelling unit that conforms to this subdivision shall <br />be deemed to be an accessory use or an accessory building and shall not be <br />considered to exceed the allowable density for the lot upon which it is <br />located, and shall be deemed to be a residential use that is consistent with <br />the existing general plan and zoning designations for the lot. The accessory <br />dwelling unit shall not be considered in the application of any local <br />ordinance, policy, or program to limit residential growth. <br />(b) (1) When a local agency that has not adopted an ordinance governing <br />accessory dwelling units in accordance with subdivision (a) receives an <br />application for a permit to create or serve an accessory dwelling unit pursuant <br />to this subdivision, the local agency shall approve or disapprove the <br />application ministerially without discretionary review pursuant to subdivision <br />(a). The permitting agency shall either approve or deny the application to <br />create or serve an accessory dwelling unit or a junior accessory dwelling <br />90 <br />Ch. 752—7 —