1327.01 Title and purpose.
1327.02 Construction; severability; applicability.
1327.03 Definitions.
1327.04 Inspections of the condominium development by the City.
1327.05 Disclosures of the public offering statement.
1327.06 Protection of tenants and purchasers.
1327.07 Prohibitions against unlawful representations.
1327.08 Equal opportunity.
1327.09 Remedies.
1327.99 Penalty.
CROSS REFERENCES
State law provisions - see Ohio R.C. Ch. 5311
(a) Title. This chapter shall be known and may be cited as the "Lakewood Residential Condominium Ordinance".
(b) Purpose. It is the purpose of this chapter and the policy of the City to establish standards for all future conversion condominium developments within the City in order to protect the tenants of rental units designated for condominium conversion and the purchasers of conversion condominium units and also to encourage the maintenance and improvement of the housing in the City. (Ord. 42-79. Passed 5-21-1979.)
(a) Construction. This chapter shall be liberally construed and applied to promote its purposes and policies.
(b) Severability. If any provision of this chapter or the application thereof to any person or circumstance is held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision, and neither the remainder of this chapter nor the application of such provision to other persons or circumstances shall be affected thereby.
(c) Applicability.
(1) This chapter shall apply to all multi-family dwellings located within the City:
A. Which are developed as conversion condominium developments;
B. Which consist of twenty residential units or more; and
C. In which the developer has not, on the effective date of this chapter, commenced a public and common promotional plan for the sale of condominium units therein.
(2) The provisions of this chapter shall not apply to resales of condominium units other than resales of condominium units by the developer.
(3) The provisions of this chapter with the exception of Section 1327.06(k), shall not apply to nor be enforceable against any party to a sale of a unit other than the developer nor shall any violation or noncompliance by the developer of any of the provisions of this chapter operate to impose, either directly or indirectly, any civil or criminal liability upon any such other party, including title insurance companies, mortgagees, escrow agents, attorneys and real estate brokers other than those directly employed by the developer. (Ord. 42-79. Passed 5-21-1979.)
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
(a) "Capital improvement" means any improvement with a useful life greater than one year and subject to the depreciation rules of the United States Internal Revenue Code.
(b) "Common areas and facilities" includes, except as otherwise provided in the declaration, the following parts of the condominium property:
(1) The land described in the declaration; and
(2) All other areas, facilities, places and structures that are not a part of a unit, including but not limited to:
A. The foundations, columns, girders, beams, supports, supporting walls, roofs, halls, corridors, lobbies, stairs, stairways, fire escapes, entrances and exits of buildings;
B. The basements, yards, gardens, parking areas, garages and storage spaces;
C. The premises for the lodging of janitors or persons in charge of the property;
D. Installations of central services such as power, light, gas, hot and cold water, heating, refrigeration, air conditioning and incinerating;
E. The elevators, tanks, pumps, motors, fans, compressors, ducts and, in general, all apparatus and installations existing for common use;
F. Such community and commercial facilities as may be provided for in the declaration; and
G. All other parts of the condominium property necessary or convenient to its existence, maintenance and safety, or normally in common use, or that have been designed as common areas, and facilities in the declaration or drawings.
(c) "Condominium" means real property, portions of which are designated for separate unit ownership by the unit owners and the remainder of which is designated for common ownership by the unit owners.
(d) "Condominium development" means a condominium property in which two or more individual dwelling units, together with undivided interests in the common areas and facilities of the property, are offered for sale pursuant to a common promotional plan.
(e) "Condominium ownership interest" means a fee simple estate or a ninety-nine year leasehold estate, renewable forever, in a unit, together with an appurtenant undivided interest in the common areas and facilities.
(f) "Condominium unit" or "unit" means a portion of the condominium development designated for separate ownership.
(g) "Conversion condominium development" means a condominium development in which the condominium units were previously rental units.
(h) "Declarant” means any person who plans to execute or has executed the declaration or on whose behalf the declaration is executed.
(i) "Declaration" means an instrument by which property is submitted to the Ohio Condominium Act, Chapter 5311, Ohio Revised Code.
(j) "Developer" means any person who, directly or indirectly, sells or offers for sale condominium ownership interests in a condominium development, including the declarant of a condominium development and any successor to the declarant who stands in the same relation to the condominium development as the declarant, and including any agent thereof.
(k) "Public offering statement" means a document provided by the developer under Section 1327.05, which discloses the characteristics of the condominium development.
(l) "Purchaser" means both an actual and a prospective purchaser of a condominium ownership interest.
(m) "Unit owner" means a person who owns a condominium ownership interest in a condominium unit.
(Ord. 42-79. Passed 5-21-1979.)
(Ord. 42-79. Passed 5-21-1979.)
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