(a) Notification to Prospective Tenants. Throughout so much of the 180 day period immediately before the filing of a declaration with both the City and the Cuyahoga County Recorder during which a developer of a conversion condominium development is the owner thereof, he shall give written notification to each prospective tenant before entering into a lease that such rental units may be converted to condominiums within such period.
(b) Notice of Conversion and Public Offering Statement. A developer of a conversion condominium development shall deliver to each of the tenants in possession written notice of his intention to convert to condominiums, which shall include the statement in at least twenty point, bold type that the tenant's suite shall be offered for sale to the public if not purchased by the tenant, and the public offering statement not less than 120 days prior to its offer for sale provided that in the case of any tenant who is over sixty years of age, or who is deaf, blind or unable to walk without assistance, the developer shall deliver such notice of conversion and the public offering statement not less than 180 days prior to its offer for sale.
(c) Appropriate Notices. A developer of a conversion condominium development shall deliver appropriate notices of conversion based upon his best knowledge and information as to the age and/or health of each tenant. No tenant who receives other than 180 day notice unless within fifteen days of receipt of such inappropriate notice the tenant delivers a written statement to the developer declaring that the tenant is over sixty years of age or is deaf, blind or unable to walk without assistance, and in such case such statement shall be presumed to be true in the absence of evidence to the contrary.
(d) Expiration of Tenancy Before End of Notice Period. Any tenant whose tenancy expires other than for cause before the expiration of 120 days from the date of delivery of such notice of conversion shall have the right to an additional tenancy on the same terms and conditions and for the same rental until the expiration of such 120 day period, by the giving of written notice thereof by the tenant to the developer within thirty days of the date of delivery of such notice of conversion, provided that in the case of any tenant who is over sixty years of age, or who is deaf, blind or unable to walk without assistance, such tenant shall have the right to an additional tenancy on the same terms and conditions and for the same rental until the expiration of such 180 day period, by the giving of written notice thereof by the tenant to the developer within sixty days of the date of delivery of such notice of conversion.
(e) Expiration of Tenancy After Ninety Days from Notice.
(1) Any tenant whose tenancy expires after ninety days from the date of delivery of such notice of conversion shall have the right to terminate the lease upon forty-five days written notice, without penalty or other termination charge to the tenant. Be delivering the notice of termination, the tenant waives the right of first refusal under subsection (h) hereof.
(2) Subsection (e) (1) hereof shall not apply to tenants who have received notification under Section 1302.18 before entering into a lease.
(f) Contents of Notice.
(1) The notice of conversion shall include a copy of the City of Brook Park Residential Condominium Ordinance as an attachment.
(2) The notice of conversion shall contain a statement indicating that such notice shall not be construed as abrogating any rights any tenant may have under a valid existing written lease, including the statement that the tenant's rental may not be increased.
(3) The notice of conversion shall contain a statement instructing the tenant that he may advise the Building Department of any structural or mechanical defects in the building or common areas, and of any unhealthful or unsafe conditions therein which the tenants believes should be corrected.
(4) Failure of a developer to give notice of conversion as herein required shall be a defense to an action for possession.
(g) Service of Notice and Delivery of Public Offering Statement.
(1) The notice of conversion and public offering statement shall be deemed to be delivered on the third day after they are deposited in the United States mail addressed to the tenant at his last known residence, which may be the address of the property subject to the lease, sent by certified or registered mail, return receipt requested, with sufficient prepaid postage affixed to carry it to its destination. A tenant's refusal to accept delivery shall be deemed adequate service. If such mailing is returned to the developer undelivered to the tenant for any reason other than refusal of the tenant to accept delivery, the developer shall forthwith remail such mailing by regular United States mail, and such remailing shall be deemed to be delivered on the third day after it is deposited in the mail. Personal delivery is permissable if service cannot be made by United States mail.
(2) The public offering statement shall be filed with the City on the same day that the notice of conversion and public offering statement are deposited in the United States mail to tenants.
(h) Tenant's Right of First Refusal.
(1) During the period of 120 days following delivery of the notice of conversion and the public offering statement, and during the period of 180 days following delivery of the notice of conversion and the public offering statement in the case of any person who is over sixty years of age, or who is deaf, blind or unable to walk without assistance, any person who was both a tenant on the date of delivery of notice of conversion and the public offering statement and also a current tenant shall have the exclusive right of first refusal to purchase his unit. After giving such written notice of the owner, each tenant shall have an additional 120 days to enter into a contract for the purchase of the tenant's suite and obtain financing.
(2) Should the tenant not purchase the suite, each tenant shall have the following additional time prior to vacating the suite in addition to any rights the tenant may have under an existing lease.
Each tenant shall have one month for each twelve months that such persons have been tenants at the apartment or multi-family use, with a maximum of four months except that every tenant who is over sixty years old or who is deaf, blind or unable to walk without assistance shall be entitled to a maximum of six months.
(3) During any period of time when a tenant, not agreeing to purchase their suite, holds over under the protection of this chapter, the owner may raise the rental not higher than the average of any increase in the Consumer Price Index maintained by the U.S. Department of Labor for the preceding twelve months.
(4) During such period, the developer may offer to sell the unit to prospective purchasers other than the tenant at the price not less than offered to the tenant and/or on terms not more favorable than offered to the tenant, and each contract for sale of a unit shall conspicuously disclose the existence of, and shall be subject to, such right of first refusal.
(5) If during such period the tenant fails to purchase the unit the developer shall not offer to sell that unit during the following ninety days at a price or on terms more favorable to the offeree than the price or terms offered to the tenant without first making the same offer to the tenant, who shall have ten days therefrom within which to accept the offer.
(6) Every tenant who does not purchase shall be paid by the developer two hundred dollars ($200.00) as and for the relocation /moving assistance.
(i) Co-Tenant's Rights.
(1) If there is more than one tenant leasing a unit, then each such tenant shall be entitled to contract for the purchase of a proportionate share of the unit and of a proportionate share of the share of any tenant who elects not to purchase.
(2) In no case shall this provision be deemed to authorize the purchase of less than the entire interest in the unit to be conveyed.
(j) Tenant's Right to Cancel Contract.
(1) A tenant may, at his election, cancel an executed contract between himself and the developer for the purchase of a condominium ownership interest by delivering to the developer or his agent written notice of cancellation at any time before midnight local time of the third day following the date the contract is signed by the tenant, notwithstanding any other provisions of this chapter.
(2) Upon receipt of a timely cancellation the developer shall immediately refund any deposit, earnest money or other funds and the parties shall have no further rights or liabilities under the contract. Each tenant's contract for sale of a unit shall conspicuously disclose the tenant's right of cancellation.
(k) Developer's Right of Access.
(1) The tenant in a conversion condominium development shall not unreasonably withhold consent to the developer 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 purchaser.
(2) Except in case of emergency, or unless it is impracticable to do so, the developer shall give the tenant reasonable notice of his intent to enter and may enter only at reasonable times. Twenty-four hours notice is presumed to be a reasonable notice in the absence of evidence to the contrary.
(3) The developer shall not abuse the right of access or use it to harass the tenant. Entry by the developer in excess of twice in any seven day period for the purpose of showing the unit to purchasers shall be presumed to be an abuse of the right of access in the absence of evidence to the contrary.
(l) Nonwaiverability of Obligations and Rights. Neither the obligations nor the rights under this section may be waived in a contract of lease, a contract of sale or otherwise, and any attempted waiver is void.
(m) Delivery of Public Offering Statement to Purchasers Other Than Tenants.
(1) The developer shall deliver a copy of the public offering statement to a purchaser other than a tenant not less than fifteen days before the execution of a contract for the purchase of a unit.
(2) On the day of delivery of the public offering statement, the developer shall obtain a receipt signed by the purchaser acknowledging that he has received the public offering statement and has also received a copy of such receipt on that date. Such receipts shall be kept on file in the possession of the developer for a period of two years from the date of delivery to and signature by the purchaser, and such receipts shall be subject to inspection by the City at any reasonable time.
(n) Purchaser's Right to Cancel Contract.
(1) Unless a purchaser is given the public offering statement not less than fifteen days before executing a contract for the purchase of a unit, the purchaser may cancel the contract within fifteen days after first receiving the public offering statement. The notice of cancellation by the purchaser shall be in writing, and cancellation is to be without penalty. All payments which were made by the purchaser before cancellation, including interest where applicable shall be refunded by the developer within three days after receiving notice of cancellation.
(2) If the developer fails to provide a purchaser with a public offering statement and all amendments thereto before conveying a unit, the purchaser, in addition to any rights to damages or other relief, is entitled to receive from the developer an amount equal to ten percent (10%) of the sales price of the unit as liquidated damages.
(3) The provisions of this subsection shall apply to tenants, in addition to the tenant's right to cancel under subsection (j) hereof.
(4) Each purchaser's contract for the sale of a unit shall conspicuously disclose the purchaser's right of cancellation.
(5) The purchaser's right to cancel under this section may not be waived in the contract of sale or otherwise, and any attempted waiver is void.
(Ord. 5985-1981. Passed 6-8-81.)