164.01 Purpose | 164.11 Standards For Condominium Conversions |
164.02 Restricted Liability | 164.12 Notice of Intent to Convert |
164.03 Interpretation | 164.13 Tenant’s Right To Purchase |
164.04 Applicability | 164.14 Vacation of Units |
164.05 Definitions | 164.15 Special Cases |
164.06 Creation of a Condominium or Horizontal Property Regime | 164.16 Equal Opportunity |
164.07 Conversions – Strict Compliance | 164.17 Access |
164.08 Conversion Physical Elements Report | 164.18 Payment of Assessments |
164.09 Acceptance of Conversion Physical Elements Report | 164.19 Administration |
164.10 Hearing Concerning Conversions | 164.20 Criteria for Consideration for Conversions |
164.21 Requirements for Approval of Conversions | |
164.22 Penalty; Other Remedies | |
It is the purpose of this chapter to control and regulate the construction, renovation and conversion of new condominiums and existing structures and to require the owners, declarants, builders and their agents, to meet their responsibilities with regard to existing building, mechanical and electrical codes as well as existing State statutes relating to the Horizontal Property Act, Multiple Housing Act, and any other codes or acts pertaining to like matters. It is not the intent of this chapter to create any duty or liability by the City, its officers, agents, or employees, to premises occupants, owners, tenants or any other persons.
No person shall place reliance upon this chapter, or any inspections performed or certificates issued pursuant to this chapter, as indicating the safety or quality of construction of any particular premises. Neither this chapter nor inspections made pursuant hereto nor certificates issued are intended to assume the duty of any person to adequately construct and maintain a premises or provide a safe premises or to, in any way, indicate a decrease in the risk associated with the use or occupancy of any premises. A certification that a premises has been inspected pursuant to this chapter shall not, in any way, constitute a warranty or guarantee of the safety or quality of the premises. No person shall assume that reports made by declarants, property owners or their agents and employees pursuant hereto have been verified by the City or that the City in any way warrants or guarantees the accuracy or truthfulness of any such reports.
This chapter shall be liberally construed and applied to promote its purpose in harmony with applicable State law. The relation between the owners is of no concern to the City except where an ordinance requires the “owner” to do something. This chapter is designed to make clear the obligations of the owner of each unit insofar as ordinance compliance is concerned.
This chapter applies to all multiple-family dwellings located within the City which are to be developed as new or conversion condominiums or cooperatives pursuant to declarants under the Iowa Housing Act (Ch. 499A). Sections 164.01 through 164.05 and 164.12 through 164.15 shall apply to resale of any unit by an individual unit owner even if such unit was created prior to adoption of the ordinance codified in this chapter. Declarants under the Iowa Horizontal Property Act (Ch. 499B) or who issued a notice of intent or otherwise formally initiated to the condominium or cooperative ownership process prior to the passage of the ordinance codified in this chapter and who cannot reasonably comply with the notice provisions of Section 164.12 may apply to the Council for consideration of a hardship waiver of these provisions. This chapter shall not be construed to govern any agreements or contracts between the developer, builder, owner, declarant and their agents or the tenants or future unit owners except as already stated.
The following terms are defined for use in this chapter:
1. “Apartment” means one or more rooms occupying all or part of a floor or floors in a building of one or more floors or stories and notwithstanding whether the apartment is intended for use or used as a residence, office, for the operation of any industry or business or for any other use not prohibited by law.
2. “Condominium” means property which is subject to the Iowa Horizontal Property Act (Ch. 499B) or the Iowa Multiple Housing Act (Ch. 499A) and to this chapter, 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. (Note: Reference to “condominium” also shall be deemed to include “cooperative.”)
3. “Condominium conversion” means a condominium or cooperative containing units which were wholly or partially occupied before the recording of the declaration.
4. “Condominium instruments” means all or any documents, articles or cooperation and authorized amendments including but not limited to the declaration, bylaws, plats and condominium disclosure statements which are required to be filed pursuant to the provisions of this chapter and State statutes.
5. “Co-owner” means a person, corporation, or other legal entity capable of holding or owning any interest in real property who owns all or an interest in an apartment within the building.
6. “Council of co-owners or unit owners’ association” means all of the co-owners or unit owners of the building. The business and affairs of the council or association may be conducted by organizing a corporation not for pecuniary profit of which the co-owners are members.
7. “Declarant” means any person who plans to execute or has executed the declaration or on whose behalf the declaration is executed.
8. “Declaration” means the instrument by which property is submitted to the provisions of the Iowa Horizontal Property Act or the Multiple Housing Act and this chapter, as herein after provided, and such declaration as from time to time is amended.
9. “Filing” means the complete submission of all documents required by Section 164.08 with a stamped date of filing contained thereon.
10. “General common elements,” unless otherwise provided in the declaration or lawful amendments thereto, means and includes:
A. The land on which the building is erected;
B. The foundations, basements, floors, exterior walls of each apartment and of the building, ceilings and roofs, halls, lobbies, stairways, and entrances and exits or communication ways, elevators, garbage incinerators and in general all devices or installations existing for common uses;
C. Compartments or installations of central services for public utilities, common heating and refrigeration units, reservoirs, water tanks and pumps servicing other than one apartment;
D. Premises for lodging of service personnel speed engaged in performing services other than services within a single apartment.
11. “Limited common elements” means and includes those common elements which are specified in or determined under the declaration to be reserved for the use of one or more apartments to the exclusion of the other apartments, such as special corridors, stairways and elevators, sanitary services common to the apartments of a particular floor, and the like.
12. “Multiple-family dwelling” means a building containing two or more dwelling units.
13. “Property” includes the land whether committed to the horizontal property regime in fee or as a leasehold interest, the building, all other improvements located thereon, and all easements, rights and appurtenances belonging thereto.
14. “Regulations” means those regulations promulgated by the Council.
15. “Unit” means a part of the property including one or more rooms, occupying one or more floors or part or parts thereof, designed and intended for any type of independent use, and having lawful access to a public way.
All parties wishing to create a condominium, other than a conversion, shall comply with the Iowa Horizontal Property Act and/or Multiple Housing Act as adopted by this chapter in addition to all existing building, electrical, mechanical and fire codes and regulations.
No person shall convert any apartment building into a condominium without complying with each and every one of the requirements of this chapter, in addition to all other applicable laws and ordinances. A conversion of an existing structure to condominium ownership shall not constitute a change in use except as specified generally in existing City codes and ordinances.
A report of the physical elements of all structures and facilities shall be submitted with the tentative conversion plans and drawings. The report shall include, but not be limited to the following:
1. A report detailing the structural condition of all elements of the property including foundations, electrical, plumbing, utilities, walls, ceilings, windows, hallways, stairways and stairwells, elevators, exits, fire escapes, laundry rooms, porches, balconies, smoke detectors, fire and emergency alarm units, recreational facilities, sound transmission of each building, mechanical equipment, parking facilities, and appliances. Regarding each such element, the report shall state, to the best knowledge or estimate of the applicant, any variation of the physical condition of said element from the current zoning and from the City housing and building ordinances in effect on the date that the last building permit was issued for the subject structure.
2. A statement of repairs and improvements to be made by the subdivider necessary to meet the current code standards.
3. Additional submittals as necessary or requested to comply with the current Horizontal Property Act or Multiple Housing Act.
4. Specific information concerning the demographic characteristics of the project, including but not limited to the following:
A. Square footage and number of rooms in each unit;
B. Makeup of existing tenant households, including family size, length of residence, age of tenants, and whether receiving Federal or State rent subsidies;
C. Names and addresses of all tenants.
When the subdivider can demonstrate that such information is not available, this requirement may be modified or waived by the City Building Official.
5. Signed copies from each tenant of a receipt of notice of intent to convert, as specified in the Notice of Intent section following. The subdivider shall submit evidence that a certified letter of notification was sent to each tenant for whom a signed copy of said notice is not submitted.
6. Any other information which, in the opinion of the Council, will assist in determining whether the proposed project will be consistent with the purposes of this chapter.
The final form of the physical elements report and other documents shall be as approved by the Council. The reports in their acceptable form shall remain on file with the Clerk for review by any interested persons. The report shall be referenced in the subdivision report to the Planning and Zoning Commission.
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