Adler v. Elphick

Opinion

SABRAW, J.

The issue decided in this case is that a “community apartment project” cannot be created informally. A community apartment project arises when an undivided interest in land is coupled with the right of exclusive occupancy of any apartment located thereon, We hold that the right to exclusive occupancy, which is a prerequisite to the creation of a community apartment project, must appear on the face of the deed in order for such an estate to be created.

Sheila Elphick appeals from a municipal court unlawful detainer judgment entered against her after the trial judge refused to…