For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section.
AGENT. Any person, firm, partnership, association, joint venture, corporation or any other entity or combination of entities who represents or acts for or on behalf of a developer in selling or offering to sell any condominium unit.
ASSOCIATION. The co-owners acting as a group in accordance with the by-laws and the declaration.
BLANKET ENCUMBRANCE. A trust, deed, mortgage, judgment, or other lien or encumbrance including an option or contract to sell or a trust agreement affecting a condominium including any lien or other encumbrance arising as a result of the imposition of any tax assessment by a public authority.
BOARD OF MANAGERS. The body designated to act on behalf of the unit owners association provided and referred to in the Illinois Condominium Property Act.
BUILDING COMMISSIONER. The Building Commissioner of the village.
CERTIFICATE OF CODE COMPLIANCE. A written statement, issued by the village, as evidence of a condominium project's compliance with the applicable codes of the village.
CHILDREN. Includes a natural child, a stepchild, adopted child or a foster child, living on the tenant's premises, who is less than 18 years of age and dependent upon the tenant for support and maintenance.
CLOSING OF THE SALE. The operation of transferring ownership of a condominium to the prospective purchaser from the developer through a deed of conveyance.
CODE INSPECTION REPORT. A written report, issued by the village as evidence that all units and common elements in a condominium project have been inspected for compliance with all applicable code standards of the village.
COMMON ELEMENTS. Those elements within a condominium building or on a property with a condominium building that are undedicated and either under the common ownership of the individual condominium unit owners or by the Association. Common elements are subdivided into the following categories:
(1) GENERAL COMMON ELEMENTS. All common areas and facilities within a condominium building or upon the property of a condominium building, including, without limitation, hallways, public area furnishings, driveways, undedicated sidewalks, undedicated internal circulation streets, undedicated landscaping elements, and undedicated public utilities;
(2) LIMITED COMMON ELEMENTS. Those common area and facilities to be reserved for the use of a certain number of condominium units, including, without limitation, special corridors, stairways and elevators, sanitary services common to the units of a particular floor, and the like.
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.
CONDOMINIUM. Property which is subject to the Illinois Condominium Property Act, ILCS Ch. 765, Act 605, §§ 1 et seq., as amended from time to time, and to this chapter, as amended from time to time, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. A condominium includes, without limitation:
(1) Land on which the building stands in fee simple or leased, provided that the leasehold interest of each unit is separable from the leasehold interests of the other units;
(2) Foundations, main walls, roofs, halls, columns, girders, beams, supports, corridors, fire escapes, lobbies, stairways, and entrance and exit or communication ways;
(3) Basements, flat roofs, yards, and gardens except as otherwise provided or stipulated;
(4) Premises for lodging of janitors or persons in charge of the building, except as otherwise provided or stipulated;
(5) Compartments or installations of central services such as power, light, gas, cold or hot water, heating, central air-conditioning or central refrigeration, swimming pools, reservoirs, water tanks and pumps, and the like;
(6) Elevators, garbage and trash incinerators and, in general, all devices or installations existing for common use; and
(7) Other elements of the building related to its common use or necessary to its existence, upkeep, and safety.
CONDOMINIUM PROJECT. A plan by a developer to sell residential condominium units in a building, whether through conversion to condominium status or construction of new buildings with condominium ownership.
CONDOMINIUM UNIT. A three-dimensional area identified as such in the disclosure declaration and on the condominium plat, and including all improvements contained within the area except those excluded in the disclosure declaration. A condominium unit may include two or more noncontiguous condominium units.
CONVERSION. The offering for sale by a developer or developer's agent of condominium units that were previously rental units.
DEVELOPER. Any person, firm, partnership, association, joint venture or corporation or any other entity or combination of entities or any successors thereto who undertakes to develop a condominium project either by conversion to condominium status or construction of new buildings.
DISABILITY. A physical or mental impairment that substantially limits one or more major life activities; or a record or history of such an impairment; or being perceived or regarded as having such an impairment.
OFFERING. Any inducement, solicitation, advertisement, publication or announcement to the general public to encourage a person to acquire a condominium unit in a condominium project.
PERSON. A natural individual, corporation, trustee, or other legal entity, or any combination thereof.
PLAT OF CONDOMINIUM SUBDIVISION. The plat of a duly licensed surveyor establishing the condominium units, accessory units, and common elements.
PROSPECTIVE PURCHASER. A person who visits the condominium project site for the purposes of inspection for possible purchase or who requests the property report.
SITE. Any land area on which a part of the condominium is located.
UNIT OWNER. A person or persons that own(s) a condominium unit in the condominium project.
(Ord. 7-56, passed 8-15-07)