Melrose Park — Ch. 15.76 Condominium Conversions § 15.76.030

A. No existing building or part thereof, shall be submitted to the provisions of the Illinois Condominium Property Act nor shall an existing apartment be offered for sale or sold as a proposed condominium unit without the prior issuance of a certificate of code compliance, conditional certificate of code compliance, or partial certificate of code compliance issued pursuant to this chapter.
B. A developer shall, sixty (60) days prior to the submission of a property to the provisions of the Illinois Condominium Property Act and/or offering an existing apartment for sale as a proposed condominium unit, file a written notice of intent to convert with the director of public works. The notice shall include a current survey of the subject property, the address of the subject property, a description of the subject units, the names and telephone numbers of all existing occupants and the current property owner if other than the developer. The developer shall timely provide such other information regarding the condition of the proposed development of the property, as the director of public works shall reasonably request.
C. A code inspection of the property, including the exterior of the subject property, all projected condominium units, common elements, parking areas and facilities, shall be scheduled by agreement between the developer and the director of public works, or his or her designated representative, when the notice of intent to convert is received. The inspection shall include compliance with all applicable zoning, building and/or other life safety codes. The director shall issue a written code inspection report after any inspection or re-inspection and immediately mail a copy to the applicant at the address provided. The inspection fee for each inspection or any re-inspection shall be one hundred fifty dollars ($150.00) per unit.
D. Prior to commencement of construction, conversion or alteration, the developer shall make application for and receive any and all necessary building permits, variances, zoning relief or other village requirement necessary prior to commencement of construction, conversion or alteration of the subject property.
E. No certificate of code compliance shall issue until the director of public works finds:
1. That the subject property is in compliance with this chapter and all applicable zoning, building and/or other life safety code standards of the village;
2. That the subject property has two off-street parking spaces provided per one condominium conversion unit. A waiver of this requirement may be obtained by payment of a fee in the amount of five thousand dollars ($5,000.00) per parking space deficiency into the village of Melrose Park parking reserve fund;
3. That the subject property has one guest parking spot provided per every six condominium conversion units. The guest parking spot may be an on-street parking spot. A waiver of this requirement may be obtained by payment of a fee in the amount of five thousand dollars ($5,000.00) per parking space deficiency into the village of Melrose Park parking reserve fund;
4. At least one parking space must be supplied as part of the sale of each condominium conversion unit; and
5. Additional parking spaces may be sold to condominium conversion unit owners. However, condominium conversion unit owners may not own more then two parking spaces per condominium conversion unit.
F. Any code violations and deficiencies detected during an inspection of projected condominium conversion units and common elements and facilities should be corrected by the developer at least thirty (30) days prior to the closing of a sales contract on any condominium unit to provide the director of public works with adequate time to perform a re-inspection of the premises and prepare the inspection report and certificate for delivery to the prospective purchaser by the developer at or prior to closing as required by this chapter. Said corrections shall be evidenced by a code inspection report and certificate of code compliance.
G. If substantial rehabilitation is being performed as part of a conversion to condominium, the director of public works may issue a partial certificate of code compliance to permit the closing of sales contracts for those condominium units in which rehabilitation is complete and all code violations are corrected. Partial certificates also may be issued for common elements and facilities on which rehabilitation is complete and all code violations are corrected. However, prior to the issuance of a certificate of code compliance for the entire property, a re-inspection shall be made on all common elements and facilities and units for which sales contracts have not been closed. Any recurrence of code violations in the common elements and facilities covered by a partial certificate of code compliance shall be corrected by the developer at the developer's expense unless control of the building has passed to the board of managers.
H. The director of public works may issue a conditional certificate of code compliance for those condominium units and/or common elements and facilities not in compliance with subsection E of this section if the following conditions are met:
1. A detailed written plan has been submitted providing for compliance with subsection E of this section within the time required by any planned development or building permit;
2. Compliance with the plan is secured by a performance bond, letter of credit or escrow issued by or with an approved institution and in an amount equal to at least one hundred ten (110) percent of the estimated total cost of completion; and
3. Any failure to comply with a written plan submitted pursuant to this section shall be a basis for revocation of any conditional certificate issued pursuant to such plan and/or the imposition of penalties provided in this chapter on or with respect to any unit(s) and/or common areas not in compliance.
I. The director of public works may extend any deadline and allow additional time for compliance for good cause shown. Any such extension must be in writing and shall not be deemed a waiver or estoppel by or against the village. In the event an extension is allowed, any security provided shall be appropriately modified as a condition precedent.
J. Until such time as all units in a condominium property are sold, the director of public works shall conduct annual building inspections of all common elements, all common facilities, and at least ten (10) percent (but never less than one unit) of the unsold condominium units.
K. Subsequent to the sale of all condominium units, the director of public works shall conduct an annual inspection of all the common elements and facilities of a condominium property. The condominium building shall be subject to all applicable village code and ordinances that may be enforced as to the developer, unit owners, board of managers or any other person to whom the ordinances are applicable.
L. A developer shall be required to provide a prospective purchaser with a copy of any code inspection report, certificate of code compliance, partial certificate of code compliance, or conditional certificate of code compliance prior to the closing of a condominium unit sales contract. All condominium sales contracts shall contain the following provision:
The Village of Melrose Park Condominium Conversion Ordinance requires that the condominium property and your unit be inspected for conformity with Village Codes and Ordinances. It also requires that the person contracting to purchase have the opportunity to review the code of inspection report and the applicable code certificate by the Village.
M. A tenant shall not unreasonably withhold consent to the developer or village to enter the unit in order to comply with or enforce the provisions of this chapter. Except in case of emergency, or unless otherwise provided in the lease, a tenant shall be given at least two days' notice by the developer of its intent to enter the unit for purposes of inspection.
N. Unless the tenant consents, or the lease otherwise provides, a developer shall not undertake construction for conversion of a unit while it is occupied by a tenant, or create any unreasonable disruption of the common areas, including, but not limited to, restricting access thereto, or interfere with the quiet use and enjoyment of the premises.
O. If consent is withheld in violation of this section, the village may seek appropriate relief from the circuit court for the purpose of enforcing this chapter.
P. No certification, or other approval shall issue if property is submitted to the provisions of the Illinois Condominium Property Act in violation of this chapter. No certification, or other approval shall issue unless all water bills and village liens outstanding with respect to any building, or any part thereof, being developed are paid or adequate surety is provided.
Q. That the village has issued a certificate shall not be deemed a finding that the village has in any way passed upon the merits or given approval to the condominium project. It is unlawful to make or cause to be made to a prospective purchaser any representation contrary to the foregoing.
The following provision shall be reprinted on every certificate issued by the village pursuant to this title: By virtue of the issuance of this certificate, the Village does not guarantee the condition of the subject property, or its suitability or fitness for the purpose for which it is being sold or transferred, and the Village shall not be responsible or liable for any claims arising out of the condition of the property or any defects or deficiencies therein.