(A) Notice. Not less than 180 days prior to conversion of the first condominium unit, the developer shall give each of the tenants in possession of units subject to this chapter written notice of intent to convert. The notice of intent must set forth the rights of tenants under this chapter and must include this section as an attachment. Such notice shall be hand delivered or sent by first class mail and certified mail, return receipt requested.
(B) Tenant occupancy termination. No tenant may be required to vacate his or her rental unit upon less than 180 days written notice, except by reason of nonpayment of rent, conduct that disturbs other tenants' peaceful enjoyment of the premises, or other substantial violations of the terms of the rental agreement. The terms of tenancy may not be altered during the 180 day period.
(C) Tenant's right to purchase.
(1) During the 120 day period following the delivery to tenants of the notice of intent, the developer shall offer the tenant his unit.
(2) The tenant's offer to purchase shall be held open until tenant's acceptance or refusal, but in no event longer than the expiration of the 120 day period. Inaction by the tenant after the expiration of the 120 days shall constitute a waiver of his right of first purchase.
(3) 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 bona fide offer has been submitted for that unit by a third party. Under either procedure, the tenant shall have 30 days to execute his own contract for the unit from the date of receipt of the offer or right of first refusal.
(4) If a tenant fails to execute a contract during the 30 day period set forth in § 158.05(C)(3), the developer may not offer to sell that unit during the following 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 at least 15 days within which to accept the offer.
(5) The provisions in this division (C) do not apply to any unit in a conversion condominium if the dimensions of the converted unit do not substantially conform to the dimensions of the unit before conversion; provided, however, where available, another unit similar to the pre-conversion dwelling's dimensions must be offered to the affected tenant.
(Ord. 7-56, passed 8-15-07)