HomeMy WebLinkAboutORDINANCES-1979-012-O-79F�
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j� AN ORDINANCE
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The Evanston Residential
Condominium Ordinance
3/6/79
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK
COUNTY, ILLINOIS: ,
SECTION 1: Pursuant to the Home Rule provisions of the 1970 i
Illinois Constitution there is hereby established a new
Chapter of the Municipal Code of Evanston, Chapter 10-1/2, to be known as the I
"Evanston Residential Condominium Ordinance", and to read as follows:
"CHAPTER 10-1/2
ARTICLE I
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GENERAL PROVISIONS AND DEFINITIONS
I "Sec. 1-101. Short Title.
This Ordinance shall be known and may be cited as the "Evanston
Residential Condominium Ordinance".
E
"Sec. 1-102. Purpose and Declaration of Policy.
It is the purpose of this Ordinance and the policy of the City
of Evanston to establish standards for all multiple -family dwelling
condominiums within the City in order to protect the purchasers of
condominium units and the residents of rental units designated for
conversion and to encourage the maintenance and improvement of the
quality of housing.
"Sec. 1-103. Construction.
This Ordinance shall be liberally construed and applied to pro-
mote its purposes and policies.
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"Sec. 1-104. Severability.
If any provision of this Ordinance or the application thereof
to any person or circumstance is held invalid, the invalidity shall
not affect other provisions -or application of this Ordinance which
can be given effect without the invalid provision or application.
"Sec. 1-105. Applicability.
This Ordinance applies to all multiple -family dwellings located
within the City of Evanston which are to be developed as new or con-
version condominiums. Article I; Sections 3-105 and 3-106 of Article
III; and Sections 6-101, 6-102B, 6-103, and 6-104 of Article,VI alone
shall apply to resale of their units by individual unit owners even
if such units were created prior to adoption of this ordinance.
Declarants who issued a notice of intent prior to August 19, 1978 and
who cannot reasonably comply with the notice provisions of Sections
2-101, 4-101 and 4-102 may apply to the City Council for consideration
of a hardship waiver of these provisions.
"Sec. 1-106. Definitions.
A. BOARD OF MANAGERS: The body designated to act on behalf of
the Unit Owners' Association.
B. COMMON ELEMENTS: All portions of the property except the i
units.
C. COMMON EXPENSES: The proposed or actual expenses affecting
the property, including reserves, if any, lawfully assessed
by the Board'of Managers of the Unit Owners' Association.
D. CONDOMINIUM: Property which is subject to the Illinois
Condominium Property Act and to this Ordinance, portions of
which are designated for separate ownership and the remain-
der of which is designated for common ownership solely by
the owners of those portions.
E. CONDOMINIUM INSTRUMENTS: All documents and authorized
amendments, including but not limited to the declaration,
bylaws, plats, and condominium disclosure statement which
are required to be filed pursuant to the provisions of this
Ordinance.
F. CONVERSION CONDOMINIUM: A condominium containing units which
were wholly or partially occupied before the recording of the
declaration.
G. DECLARANT: Any person who plans to execute or has executed
the declaration or on whose behalf the declaration is exe-
cuted.
' H. DECLARATION: The instrument by which property is submitted
to the provisions of the Illinois Condominium Property Act
and this Ordinance, as hereinafter provided, and such de-
claration as from time to time is amended.
I. FILING: The complete submission of all documents required by
Section 2-103 with a stamped date of filing contained thereon.
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J.
MULTIPLE -FAMILY DWELLING: A building containing three or
more dwelling units.
K.
OFFERING: Any advertisement, publication, announcement,
solicitation, or inducement, either written or verbal, by
a declarant to promote the purchase of a condominium unit
or prospective condominium unit.
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L.
PERSON: A natural individual, corporation, partnership,
trustee, or other legal entity capable of holding title to
real property.
M.
PROPERTY: All the land, property and space comprising the
parcel, all improvements and structures erected, constructed
or contained therein or thereon, including the building and
All easements, rights and appurtenances belonging thereto,
and all fixtures and equipment intended for the mutual use,
benefit, or enjoyment of the unit owners, submitted to the
provisions of this Act.
N.
UI4IT: A part of the property including one or more rooms,
occupying one or more floors or a part or parts thereof, de-
signed and intended for any type of independent use, and
having lawful access to a public way.
0.
UNIT OWNERS' ASSOCIATION: The association of all of the unit
owners, acting pursuant to bylaws through its duly elected
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Board of Managers.
P.
REGULATIONS: Those regulations promulgated by the City
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Manager with review of the City Council.
"Sec. 1-107.
Where not otherwise defined, terms used in this Ordinance shall
follow the definitions of the State Condominium Property Act.
"ARTICLE II
CREATION OF A CONDOMINIUM
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"Sec. 2-101. Notice of Intent to Tenants.
Prior to formal filing and concurrently with its delivery to
tenants, the declarant shall deliver to the City of Evanston a copy
of the notice of intent to convert and an affidavit providing a
list of the tenants to whom said notice was supplied and the date
• or dates of delivery or attempted delivery. A copy of this Ordi-
nance shall be attached to all such notices. Said notices shall
contain the information required by the City as set forth in regu-
lations promulgated hereunder.
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"Sec. 2-102. Condominium Code Assessment Report.
Within sixty (60) days after the notice -of intent has been sent
to tenants and to the City pursuant toaSection 2-101, and upon pay-
ment of the application fee set forth in Section 6-104, a Condominium
Code Assessment Report shall be prepared by the City listing violations
of all applicable codes existing as of that date.
"Sec. 2-103. Filing and Receipt of the Condominium Instruments.
A. Prior to recording a declaration with the Cook County Recorder
of Deeds or Registrar of Torrens Titles, the declarant must
file with the City of Evanston:
1. The condominium instruments, including the declar-
ation, bylaws, plats and condominium disclosure
statement.
2. A report prepared by an independent, licensed ar-
chitect or engineer describing the items specified
in 3-101B.7.
3. A copy of the affidavit referred to in 2-101.
B. The City of Evanston shall inform the declarant in writing as
• to whether all documents required for filing by this Ordinance
have been submitted, said information to be provided no later
than twenty-one (21) days after offering of said documents by
the declarant. The filing date shall be that date, as stamped
on the documents submitted, when all required documents are in
the possession of the City. Documents required to be filed
under this Section shall be filed with the City Manager or his
designee.
C. Upon receipt of the documents specified in Subsection A. for
filing, the City Manager or his designee shall add the fol-
lowing signed statement to the first page of the declaration:
"The City of Evanston has received all the condo-
minium instruments and other required documents
for filing as of this date. Such receipt does not
constitute approval by the City of the content,
nor verification of the facts and statements con-
tained therein."
A condominium can be created in the City of Evanston only if
that statement with the required signature is on the declar-
ation at the time that'the declaration is recorded with the
Cook County Recorder of Deeds or Registrar of Torrens titles.
D. Where a declarant has filed with the City a notice of intent
or other condominium instrument for a building that the City
has determined or subsequently determines in its Condominium
• Code Assessment Report not to be in compliance with all appli-
cable building, zoning and housing codes, the declarant shall
also file:
I. A verified statement showing the estimated cost
and time of completion of the work necessary to
correct each code violation on said report and
source of said estimate.
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2. Satisfactory evidence of sufficient funds to cover
all of the costs in Subsection 2-103D.1. above
without the use of any purchasers' funds.
E. In addition to the requirements of this Section, the declarant
must file with the City an exact copy of all condominium in-
struments recorded with the Cook County Recorder of Deeds or
Registrar of Torrens Titles within ten (10) days after record-
ing.
"Sec.
2-104. Contents of Declaration.
The declaration for a condominium must contain:
A.
The name of the condominium, which must include the word
'condominium' or be followed by the words 'a condominium'.
B.
The provisions required by the Illinois Condominium Property
Act.
C.
An allocation to each unit of a portion of the votes in the
association and a percentage of the common expenses of the
Association, both of which shall be in the same ratio as the
percentage of ownership in the common elements of the condo-
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minium.
"Sec.
2-105. Conveyance with Uncompleted Items: Security.
A.
Title to any sold unit shall not be conveyed before correction
of all code violations within that unit except that non -life
safety items that could not, because of weather conditions, be
completed or corrected at the time conveyance is scheduled may
be covered by a unit escrow to be set up at or prior to closing
for the benefit of the individual unit purchaser and covering
the estimated cost of correction of those items. There shall
also be an escrow set up at or prior to closing for contracted
for but not completed non -code improvements within the unit.
This may, but need not be, the same 'unit escrows' as that
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covering code violations. ,
B. An escrow account or other satisfactory security shall be es-
tablished prior to conveyance of title to the first unit, which
escrow or other security shall be for the benefit of the Unit
Owners' Association, shall be utilized for and be in an amount
necessary to correct the code violations in the common areas
and the contracted -for but uncompleted non -code improvements
of the common areas. Said 'common area escrow' or other se-
curity shall have been established prior to conveyance of the
first unit.
• C. When the declarant has demonstrated pursuant to regulations
that the above sections have been satisfied, the City Manager
or his designee shall cause to be issued a certificate of ap-
proval to convey title to purchasers. The City shall within
fifteen (15) days of a request for this certificate provide
either the certificate or a list of outstanding violations.
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"ARTICLE III
PROTECTION OF PURCHASERS
"Sec. 3-101. Condominium Disclosure Statement.
A. The declarant must provide the condominium disclosure statement
filed with the City to all existing tenants in a conversion
condominium. A copy of the condominium disclosure statement
must be available for public inspection in the sales office of
the declarant.
B. The condominium disclosure statement shall disclose fully and
accurately the characteristics of the condominium and the units
therein and all unusual and material circumstances and features
affecting the condominium.
It shall include the following:
1. The name and principal address of the declarant and
the condominium.
2. A general description of the condominium, including
the number and types of units, the asking price of
• each type of unit, any restrictions on use and oc-
cupancy of the units, floor plans, the arrangements
for off-street parking, and.the proportion of units
that the declarant intends to rent or to market to
investors.
3. Copies of the declaration, the bylaws, the rules and
regulations, and any contracts and leases to be
signed by purchasers at closing, with a brief narra-
tive description of each document.
4. A projected budget of the Association for one year
after the date of the first conveyance to a purchaser
and two additional one year projected budgets, a
statement of who prepared each of the budgets, and a
statement of the budget's assumptions concerning oc-
cupancy and inflation factors. The budget must in-
clude:
(a) Operating Costs:
�) Utilities
Heating fuels
Janitorial services
Trash and garbage disposal
Ground and building maintenance
Security
Maintenance and operation of recreational
• and other facilities
Building insurance
Elevator maintenance
Sidewalks and street maintenance
Other operating costs
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(b) Management Costs:
Accounting and
Legal services
Management fees
(c) Reserve Costs:
bookkeeping services
Reserve for improvements
Reserve for unexpected repair work
Reserve for replacement and upkeep of
common area and facilities
Reserve for taxes and special assess-
ments
5. A description of the proposed improvements to the
units or the common elements, in addition to those,
required under Section 2-105, which have not been
completed by the date on which the condominium in-
struments are filed with the City. The description
of each improvement shall specify the type and
quality of materials to be used, the estimated cost,
and the time by which the improvement shall be com-
pleted.
6. For a conversion condominium, information available
on the actual expenditures made for all repairs,
maintenance, operation, or upkeep of the subject
property within the last three (3) years set forth
tabularly with the proposed budget of the condominium.
If the property has not been in existence for a period
of three (3) years, the information shall be provided
for the maximum period the property has been occupied.
7. A statement of the declarant, based on a report pre-
pared by an independent, licensed, architect or
engineer, providing notification that the report is
on file with the City and describing the present con-
dition of all structural components and major mechanical
systems, and also including the approximate dates of
construction, installation, and major repairs, the ex-
pected useful life of each such item, and, for major
mechanical systems, the estimated cost (in current dol-
lars) of replacing each of the same.
8. A list of any uncured violations of the applicable
building and housing codes or any other applicable codes,
which are specified in the Condominium Code Assessment
Report prepared by the City.
9. A copy of any management contract, recreational lease
or other contract or lease affecting the condominium
with a brief narrative description of each document
and an indication of the relationship, if any, between
the declarant and the managing agent or firm.
10. The terms of any warranties provided by the declarant,
including the warranties required by Section 3.104 of
this Ordinance.
11. Any initial or special fee due from the purchaser at
closing with a description of the purpose and method
of calculating the fee.
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12. Any current or expected fee to be paid by unit owners
for the use of the common elements and other facili-
ties related to the condominium.
13. A description of any liens, title defects, or encum-
brances affecting the title to the condominium as of
the date of preparation of the condominium disclosure
f statement.
14. A description of any financing offered by the declar-
ant.
15. A description of the insurance coverage to be provided
for the benefit.of the unit owners.
16. A statement that within thirty (30) days after receipt
of a condominium disclosure statement and all amend-
ments thereto, a purchaser may cancel a contract for
purchase of a unit in accordance with the conditions
specified in Section 3-102.
17. A statement that any deposit made in connection with
the purchase of a unit will be held in an escrow ac-
count until closing and will be returned to the pur-
chaser if the contract is cancelled pursuant to Section
3-102.
18. The status of any pending litigation which would
directly affect the subject condominium and/or the de-
clarant's ability to convey clear title.
C. The condominium disclosure statement shall not be distributed
or used for any promotional purposes before filing of the con-
dominium instruments with the City of Evanston and afterwards
shall be used only in its entirety.
D. The City may require the declarant to amend the proposed con-
dominium disclosure statement in order to assure full compli-
ance with the provisions of this Ordinance. No material
change in the development of the condominium instruments may
be made after filing without notifying the City and making
appropriate amendments to the condominium disclosure state-
ment.
E. Prior to distribution, the following paragraph must be con-
spicuously displayed on the first page of each copy of the
condominium disclosure statement:
"THE CITY OF EVANSTON HAS RECEIVED THE CONDOMINIUM
INSTRUMENTS, INCLUDING THIS CONDOMINIUM DISCLOSURE
STATEMENT, FOR FILING ON . THE
CITY HAS REVIEWED THE CONDOMINIUM DISCLOSURE STATE-
. ME14T ONLY FOR COMPLIANCE WITH THE RESIDENTIAL
CONDOMINIUM ORDINANCE AND ASSUMES NO LIABILITY FOR
THE PROJECT OR THE DECLARANT'S ACTIONS OR FAILURES
TO ACT.
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"Sec. 3-102. Purchaser's Right to Cancel.
A. Unless delivery of a condominium disclosure statement is not
required under Section 3-105, a declarant shall provide a
purchaser of a unit with a copy of the condominium disclosure
statement and all amendments thereto before entering into a
contract of sale. Unless a purchaser is given the condominium
disclosure statement more than thirty (30) days before exe-
cuting a contract for the purchase of a unit, the purchaser
may cancel the contract within thirty (30) days after first
receiving the condominium disclosure statement. The notice
of cancellation by the purchaser must be in writing.
B. Cancellation pursuant to subsection (a) is without penalty.
All payments which were made by the purchaser before cancel-
lation, including interest where applicable, shall be refunded
by the declarant within ten (10) days after receiving notice
of cancellation.
"Sec.. 3-103. Escrow of Deposits.
A. Any deposit made in connection with the purchase or reserva-
tion of a unit shall be placed in escrow and held in an
account designed solely for that purpose by an institution
whose accounts are insured by a government agency until (1)
delivered to the declarant at closing; (2) delivered to the
declarant because of purchaser's default under a contract to
purchase the unit; or (3) refunded to the purchaser.
B. If the deposit is placed in an interest bearing account, the
interest shall be paid to the purchaser.
C. Such escrow funds shall not be subject to attachment by the
creditors of either the purchaser or the declarant.
declarant.
"Sec. 3-104. Warranties.
A. All sales contracts for the first-time sale of any condominium
unit covered under this Ordinance shall 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 facili-
ties, including but not limited to private side-
walks, recreational areas and common open space
(but excluding decorating and carpeting). The
declarant shall warrant the materials, workman-
ship, operation, construction, or condition
of all such items or elements for two (2) years
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from the day of transfer of title of the first
unit so transferred. The declarant shall provide
his own warranty, whether or not any manufacturer's
warranty currently exists.
2. Individual Unit Mechanical Equipment
'Individual Unit Mechanical Equipment' shall refer to
all appliances, and other mechanical equipment in-
cluding heating, electrical, and plumbing systems
physically located within the individually owned '
units. The declarant shall warrant the materials,
workmanship, operation, construction, and condition
of said items for one year from the date of title
transfer of that individual unit.
3. Warranty 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 im-
proper 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 deter-
ioration.
tl (d) Ordinary maintenance and repairs.
B. The declarant shall have the option to repair or replace war-
ranted systems or elements, or to pay the cash value of such
repair or replacement, except that where he/she fails upon
notice and reasonable time as set forth below, to repair, re -
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• place, or pay for said item or system, or to state in writing
why they do not fall within the warranty, the Unit Owners'
Association, or the unit owners, may decide whether to repair
or replace the items. The declarant shall not be required to
honor his/her own warranty unless or until the unit owner or
Association, as the case may be, shall have first sought to
enforce existing manufacturer's warranties.
C. Following timely notification by a unit owner or the Unit
Owners' Association, the declarant shall, during the period of
the warranty, make any required repairs or replacements. If
the declarant fails to comply with the warranty provisions, the
Unit Owners' Association may notify the declarant in writing of
its intention to correct the condition at the declarant's ex-
pense. If the declarant fails to comply within fourteen (14)
days after being notified by the Unit Owners' Association or as
promptly as conditions require in case of emergency, the Unit
Owners' Association may have the work done and shall have re-
course to the escrow or other security provided pursuant to
Section 3-104.E.
D. In order to cause said warranty to be honored, the Unit Owners'
Association or the unit owner, as the case may be, shall give
timely notice of any defect or failure of operation to the
declarant or his successor, all such notices to be during the
period of warranty.
E. To assure compliance with the warranties set forth in this
40 Section, the declarant shall set up escrows or other appropri-
ate security acceptable to the City pursuant to regulations
promulgated under this Article, which shall provide for said
escrows or other security to revert to sole control of the
declarant at the expiration of the different warranty periods
unless outstanding claims exist against them. Escrows or
other appropriate security shall be in an amount constituting
the total of 1% of the sales price of each unit sold.
"Sec. 3-105. Resale -of Units.
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A. A unit owner other than a declarant offering for sale his own
unit shall provide to the purchaser concurrently with execu-
tion of any contract for sale a copy of the bylaws and rules
and regulations of the Association, and the items as described
below. If the inspection report referred to in Subsection 10
i describes violations within the unit uncorrected at the time
of the contract execution, the purchaser shall have ten (10)
days from receipt of the inspection report to cancel the con-
tract.
1. A statement setting forth (a) the amount of the
monthly common expense assessment, (b) any unpaid
common expense or special assessment currently
due and payable from the selling unit owner, (c)
• the information on the actual expenditures made for
all repairs, maintenance, operation, or upkeep of
the building in which the unit is located within
the last three (3) years as found in the regular
books of the Association, and set forth tabularly
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with the budget of the condominium. If the prop-
erty has not been occupied as a condominium for a
period of three (3) years, the information shall
be provided for the maximum period the property has
been occupied.
2. A statement of any other fees payable by unit
owners.
3. A statement of any future capital expenditures ap-
proved by the Association or the Board of Directors.
4. A statement of the amount of the reserves for
capital expenditures and of any portions of those
reserves designated by the Association for specified
projects.
') 5. The most recent regularly prepared balance sheet
and income and expense statement, if any, of the
Association.
6. The current operating budget of the Association.
7. A statement of any judgments against the Association
and the status•of any pending suits to,which the
0 Association is a party, of which it has knowledge.
8. A statement describing any insurance coverage pro-
vided for the benefit of unit owners.
9. A statement of whether the board of managers has
knowledge of any violations of all applicable
Housing and Building Codes or other applicable
codes with respect to the unit or any other portion
of the condominium.
10. An inspection report prepared by the City of Evanston
and no more than two years old describing the code
violations contained in the common areas, and a cur-
rent code inspection report on the violations con-
tained within the unit being offered for sale.
B. The association, within ten (10) days after a request by a unit
j. owner, shall make a good faith effort to furnish a certificate
containing the accurate information necessary to enable the unit
owner to comply with this Section. A unit owner delivering a
certificate is not liable to the purchaser for any erroneous
information from the Association, provided that the errors are
unknown to the owner. A purchaser is not liable for any unpaid
assessment or fee greater than the amount set forth in the
certificate prepared by the Association.
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C. A unit owner is not liable to a purchaser for the failure or
delay of the Association to provide the certificate in a
timely manner. Inability to obtain any of the information
because of Association inaction shall beset forth in the
sworn statement of the unit owner. The purchaser shall have
five (5) days to void said contract for said failure to pro-
vide data.
D. This Section shall be attached to, incorporated into,•and
made a part of the bylaws of all condominiums hereinafter
created and shall apply to all resale contracts entered into
subsequent to the effective date of this Ordinance.
"Sec. 3-106. Equal Opportunity.
No person shall be denied the right to purchase or lease a con-
dominium unit because of race, color, religion, sex, age, marital
status, presence or age of children, or national origin.
"ARTICLE IV
PROTECTION OF TENANTS
"Sec. 4-101. Notice Requirements.
A. A declarant of a conversion condominium shall give each of the
tenants in possession of units subject to this Ordinance notice
of intent to convert no less than two hundred ten (210) days
prior to requiring the tenants to vacate, at least one hundred
twenty (120) days of which must elapse before the recording of
the condominium instruments with the Cook County Recorder of
Deeds or Registrar of Torrens Titles. The notice shall be con-
currently filed with the City as provided in Section 2-101.
B. The notice of intent must set forth the rights of tenants under
this Ordinance and must include Article IV of this Ordinance as
an attachment. Such notice shall be hand delivered or sent by
certified mail.
C. No tenant may be required by the declarant to vacate upon less
than two hundred ten (210) days notice, except by reason of
nonpayment of rent, conduct that disturbs other tenants' peace-
ful enjoyment of the premises, or other substantial violations
of the terms of the rental agreement. The terms of tenancy may
not be altered during that period.
D. Nothing in this Section permits termination of a lease by a
declarant in violation of its terms.
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E. Any tenant under a lease entered into subsequent to the effec-
tive date of this ordinance who receives a notice of intent to
convert shall at any time after receipt of the notice have the
right to terminate the lease with sixty (60) days' written
notice to the landlord, which sixty (60) days shall start to run
from the date that the next rental payment is due. Such termi-
nation shall be without penalty or other termination charge to
the tenant. By delivering the notice of termination to the
landlord, the tenant waives the right to purchase the unit under
Section 4-102.
F. Where an existing tenant's lease has expired and not been re-
newed, at the landlord's behest, and within ninety (90) days
of the last effective day of said lease a notice of intent to
convert has been served on any tenant in that building, the
most recent tenant whose lease had expired shall have the same
rights of purchase and of relocation as if he were still a
tenant of that unit. This section does not apply to termina-
tion of leases for violations of their terms or default by the
tenant.
G. Those tenants under a lease entered into subsequent to the
effective date of this ordinance who within thirty (30) days
of signing of a lease, whether or not they have moved into the
unit, receive notice of intent to convert shall have fifteen (15)
days from receipt of that notice to serve an immediate fifteen
(15) day notice of their intent to vacate, or not to honor said
lease. There shall be no penalties assessed against tenants who
void their lease pursuant to this section. Failure of said
' tenant to utilize this fifteen (15) day notice right is not a
waiver of his rights to give a sixty (60) day notice as set
forth in Section 4-101.E. above.
H. Failure of a declarant to give notice as required by the above
Section is a defense to an action for possession, unless the
tenant knowingly avoids receiving or delivery of said notice
of intent.
I. The provisions of this Section shall prevail over any conflict-
ing provisions of the Landlord -Tenant Ordinance except that for
leases entered into or renewed prior to the effective date of
this ordinance Sections 4-101E and 4-101F shall not apply.
"Sec. 4-102. Tenant's Right to Purchase.
A. During the one hundred twenty (120) day period following the de-
livery to tenants of the notice of intent, or until thirty (30)
days after the condominium instruments have been filed with the
City, whichever is longer, the declarant shall offer the tenant
his unit. This offer shall be held open until tenant acceptance
or refusal, but in no event longer than the expiration of either
the one hundred twenty (120) day period or the thirty (30) days
after filing of the condominium instruments, whichever is longer.
Inaction by the tenant after the expiration of the one hundred
twenty (120) days or thirty (30) days shall constitute a waiver
of his right of first purchase. Said offer shall be either a
. first-time offer to the tenant at a set price or the right of
first refusal to that tenant when a bonafide offer has been
submitted for that unit by a third party. Under either proce-
dure, the tenant shall have thirty (30) days to execute his own
contract for the unit from the date of receipt of the offer or
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right of first refusal. If a tenant fails to execute a contract
during that period, the declarant may not offer to sell that
unit during the following one hundred eighty (180) days at a
price or on terms more favorable to the prospective purchaser
than the price or terms offered to the tenant without first
making same offer to the tenant, who shall have no less than
fifteen (15) days within which to accept the offer.
B. Subsection A. does not apply to any unit in a conversion con-
dominium if the boundaries of the converted unit do not sub-
stantially conform to the dimensions of the unit before
conversion; however, where it is available, another unit
similar to the preconversion dwelling must be offered to the
affected tenant.
"Sec. 4-103. Relocation Assistance.
Within fourteen (14) days after receiving a receipted bill for
the costs of relocation, the declarant must pay actual moving expen-
ses to a maximum amount of three hundred dollars ($300.00) or one
month's rent, whichever is higher, for any tenant of record and said
tenant's family whose total income for the previous year was less than
the qualification income for Section 8 Housing Assistance for a City
of Evanston (if known) or a suburban Cook County individual or family
• of equivalent size. Failure of the tenant to tender the federal or
state tax return for the immediately preceding year upon demand of the
declarant shall constitute a waiver of the right to receive funds.
"Sec. 4-104. Access.
A. The tenant in a conversion condominium shall not unreasonably
withhold consent to the declarant to enter the unit in order
to inspect the premises, make necessary or agreed repairs,
supply necessary or agreed services, or show the unit to pros-
pective or actual workmen or purchasers in accordance with
Subsection B. The landlord shall not abuse the right of ac-
cess or use it to harass the tenant. Except in case of emer-
gency, or unless it is impracticable to do so, the landlord
shall give the tenant at least two (2) days notice of his in-
tent and may enter only at reasonable times.
B. An occupied unit which is offered for initial sale can be shown
to a prospective purchaser only during the last ninety (90) days
of the notice period or tenancy, whichever terminates at a
later date. However, if a tenant has provided notice of an
intent to terminate the lease pursuant to Section 4-10I.E., the
declarant may show the unit subsequent to the receipt of such
notice.
C. The declarant shall not undertake remodeling for conversion of
a unit while it is occupied by a tenant, nor create any unrea-
sonable disruption of the common areas, including but not
limited to restricting access thereto, nor interfere with the
quiet use and enjoyment of the premises, nor abuse the right of
access or use it to harrass the tenant.
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"ARTICLE V
MANAGEMENT OF THE CONDOMINIUM
"Sec. 5-101. Transfer of Control.
A. Control of the condominium project shall be transferred from
the declarant to the board of managers within thirty (30) days
after 60% of the units have been conveyed.
B. Not later than the termination of any period of declarant
control the unit owners shall elect a board of managers, all
of whom must be unit owners. A majority of the board must
i also be residents in the condominium if in fact such a 'major-
ity resides in the condominium and is willing to serve on the
board.
"Sec. 5-102. Payment of Assessments Required by Declarant.
The declarant shall be required to pay all assessments on con-
dominium units which he/she owns pursuant to the Condominium
Property Act.
"Sec. 5-103. Termination of Contracts and Leases of Declarant.
All contracts entered into by declarant before the board of
managers elected by the unit owners takes office for (1) any manage-
ment, employment, or other service contract; (2) any lease of recre-
ational or parking facilities; or (3) any other contract or lease
to which a declarant or an affiliate of a declarant is a party, shall
contain a clause allowing termination of said contract without penalty
by the association at any time after the elected board of managers
takes office, upon not less than ninety (90) days' notice to the other
party.
"Sec. 5-104. Repair and Replacement Reserve.
The board of managers shall determine the formula for the fund-
ing of any reserve they choose to establish for repair and replace-
ment, initially and subsequent to any expenditures.
"ARTICLE VI
VIOLATIONS AND PENALTIES
"Sec. 6-101. Investigation and Conciliation
A. The City Manager or his designee is hereby authorized and
directed to receive complaints and conduct•such investigations
as he deems necessary pursuant to the authority vested in that
office.
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B. Whenever it is determined by the City Manager or his designee
that there has been a violation of this Ordinance or any duly
adopted rule or regulation of the City, that office is authorized
to seek all or a portion of the following relief, or any other
relief that may be granted by law:
1. Attempt to conciliate the matter by conference or
otherwise and secure a written conciliation
agreement.
2. Seek a written assurance of discontinuance which
shall be signed by the declarant and the City
Manager or his designee. '
3. Institute injunctive or other appropriate action
or proceeding in any court of competent jurisdic-
tion to obtain a restraining order, permanent or
temporary injunction or any other appropriate
form of relief.
"Sec. 6-102. Penalties.
• A. The Corporation Counsel may apply to any Court of competent
jurisdiction to enjoin a violation which has been found to exist
by the City as a result of an inspection. The penalty for such
violation shall be not more than five hundred dollars ($500.00)
for each unit with respect to which the violation has occurred.
Each day during which any unit has been advertised or offered
and such advertisement or offer has not been withdrawn shall
constitute a separate offense.
B. Any person who willfully makes an untrue or misleading statement
of material facts, or willfully omits to provide required data
in any document prepared pursuant to this Ordinance shall be
guilty of a misdemeanor, and upon conviction, shall be subject
to a fine of not more than five hundred dollars ($500.00) for
each day of continuing violation.
"Sec. 6-103. Civil Remedy.
Any unit owner or tenant may file a suit in any court of compe-
tent jurisdiction for injuries sustained by him as a result of a
violation by declarant of any provisions of this ordinance. In the
event that such violation is found to occur, the court may assess
compensatory damages, and in addition, punitive damages equal to
three (3) times the amount of compensatory damages, but not more than
one thousand five hundred dollars ($1,500.00). The court shall also
award the unit owner's or tenant's attorney reasonable fees for his
services in the event that such a violation has occurred. If the
court finds that no violation has occurred, the court shall assess
reasonable attorneyg.fees against the unit owner and tenant. Con-
tractual promises shall not be held to have merged with the deed
and shall survive conveyance of the unit. This section shall
not constitute a limitation on any other private right of action.
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"Sec. 6-104. Administration.
A. The City Manager or his designee shall administer this Ordi-
nance and may promulgate regulations to carry out its enforce-
ment with the review by the City Council. An application fee
of one hundred dollars ($100.00) per unit shall be charged for j
new or conversion condominiums. This is in addition to other I
applicable fees. Said fee does not apply to the resale of
individual units by any owners.
I
B. The City Manager or his designee shall submit an annual report
to the City Council, which provides comprehensive data and
other documentation on the development of new and conversion
condominiums.
r
SECTION 2: This ordinance shall be in full force and effect from
and after its passage, approval, and publication in the
manner provided by law.
f
Introduced 1979
Adopted 4— 1979
I I
I
ATTEST:
City Cle k
�i Approved as to form:
I
Approved %W-z zZ- lv
�I)A
ion Counsel Co1P o ou sel
Mayor
, 1979
so