HomeMy WebLinkAboutORDINANCES-1984-029-O-842/22/84
2/29/84
P•IIiiff:1M
AN ORDINANCE.
Amending Section 5-4-3-4(A) of the
Evanston City Code, 1979, as Amended,
• Concerning the Evanston Condominium Ordinance
WHEREAS, the Evanston Housing Commission has held public meetings
to determine the benefit and utility of the two (2) year escrow provision for
common element warranties under the Condominium Ordinance; and
WHEREAS, the Evanston Housing Commission has determined that said
two (2) year period would not afford condominium owners a sufficient time
period to determine the condition of warrantied items and areas; and
.WHEREAS, the Evanston Housing Commission has recommended that the
common element escrow period be increased;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
i EVANSTON, COOK COUNTY, ILLINOIS:
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SECTION 1: That Section 5-4-3-4(A) of the City Code of the City of
Evanston, 1979,_as amended, is hereby further amended
ji to read as follows:
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5-4-3-4(A) WARRANTIES:
(A) All sales contracts for the first-time sale of any condominium unit
covered under this Chaptershall contain the following express
warranties by the declarant:
1. Common Elements and Systems: "Common elements and systems"
shall refer to the roof, foundation, external and supporting walls
and other structural elements, the electrical, plumbing, heating,
air conditioning and other mechanical systems, and all other
common facilities, including but not limited to private sidewalks,
recreational areas and common open space (but excluding decorating
and carpeting). The.declarant shall warrant the materials, work-
manship, operation, construction or condition of all such items or
elements for either four (4) years from the date of transfer of
title of the first unit so transferred, or two (2) years from the
date of transfer of the unit, which brings the total number of units
transferred to sixty percent (60%) or more of the total units, which-
ever occurs first. The declarant shall provide his own warranty,
whether or not any manufacturer's warrant currently exists.
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2. Individual Unit Mechanical Equipment: "Individual unit
mechanical equipment" shall refer to all appliances, and other
mechanical equipment including heating, electrical and plumbing
systems physically located within the individually owned units.
The declarant shall warrant the materials, workmanship,
operation, construction or condition of said items for one year
from the date of title transfer of that individual unit.
3. Warrant Exclusions: The following are exempted from all of
the above warranties provided the work was done in accordance
with existing applicable codes.
a. Damage caused by acts of unauthorized third parties,
including vandalism, negligence, improper maintenance or improper
operation by anyone other than the declarant or his employees,
agents, or subcontractors.
b. Acts of God and accidents, including but not limited to
fire, explosion, smoke, water escape, windstorm, hail, lightning,
flood and earthquake.
c. Normal wear and tear and normal deterioration.
d. Ordinary maintenance and repairs.
SECTION 2: All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 3: This ordinance shall be in full force and effect from
and after its passage, approval and publication in the
manner provided -by law.
Introduced: 7j� of % 1984
Adopted: j o 1984
ATTEST:
City Clerk
Approved as to fo m:
-torporation. Counsel
Approved:
or
�-- 1984
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