12-3-8: WARRANTY:
The developer shall warranty that all major repairs to the roof, foundation, external and supporting walls, mechanical, electrical, plumbing and structural elements, shall be performed at the expense of the developer up to the date control of the condominium project passes to the board of managers. The warranty shall include any repairs and expenses actually incurred, the payment of which shall not be taken from any reserves established as set forth herein, and shall further include any repairs which the developer, in the exercise of sound discretion, should have made prior to the transfer of control. The warranty shall not include the cost of normal, routine maintenance; which expense is included in the regular monthly assessment period. The warranty shall extend for an additional six (6) month period after such transfer date except for any repairs caused by the failure of the board of managers to provide adequate or necessary maintenance. In addition, thereto, any sale agreement for the sale of a condominium unit under the provisions of this title shall contain a warranty that the unit is in good condition, free from any latent or patent defects and that the developer shall repair or replace any defect in said unit at the developer's sole cost promptly upon being notified of such defect, in writing by the purchaser; provided, however, that such notice of defect must be delivered to the developer within one year from closing of the sale of the condominium unit, and further provided that such warranty may be waived by any unit purchaser in consideration of a reduction in the purchase price. (Ord. 88-2-3)