(a) When a condominium unit is being sold by a developer, an inspection of a condominium unit shall be required as herein provided:
(1) Prior to entering into a sales contract, the developer shall obtain from the prospective buyer a signed acknowledgment of the receipt of a copy of a certificate of inspection or certificate of compliance for the condominium unit to be sold, issued by the Director of Building and Zoning within one year prior to the execution of the contract of sale. If the buyer is a tenant, a copy of such certificate of inspection or certificate of compliance must be delivered to the tenant not less than sixty days prior to the expiration of the option period provided in this chapter.
(2) The developer shall obtain from the prospective buyer a signed acknowledgment of the receipt of a copy of a certificate of inspection within thirty days subsequent to the execution of the contract of sale, if the developer agrees, in writing, at the time that a contract of sale is executed, to correct all violations noted in the certificate of inspection within ninety days from the date of inspection. This ninety-day period can only be extended for good cause, as provided in Section 1355.09.
(b) When a condominium unit is being sold by a developer, an inspection of the common areas of the condominium property shall be required as herein provided:
(1) Prior to entering into a sales contract, the developer shall obtain from the prospective buyer a signed acknowledgment of the receipt of a copy of a certificate of inspection or certificate of compliance for the common areas of the condominium property, issued by the Commissioner within one year prior to the filing of the declaration of condominium property with the County Recorder's office. If a certificate of compliance has not been issued by the Director of Building and Zoning within one year prior to the filing of the declaration, then a copy of a certificate of compliance shall be delivered to the board of managers of the unit owners association by the developer prior to the date that fifty percent of the interest in the units and common areas has been sold and conveyed by the developer. If a copy of a certificate of compliance has not been delivered to the unit owners association as provided herein, then the developer shall file a cash or surety bond with the Director, issued to the unit owners association, in the sum of 100 percent of the estimated cost of correcting the as yet uncorrected violations noted in the certificate of inspection of the common areas, which cash or surety bond shall be filed prior to the developer selling and conveying more than fifty percent of the interest in the units and common areas.
(2) Prior to entering into a sales contract for a condominium unit sold after three years from the date of the inspection of the common areas as required in paragraph (b)(1) hereof, the developer shall obtain from the prospective buyer a signed acknowledgment of the receipt of a copy of the most recent certificate of inspection or certificate of compliance for the common areas issued by the Director, which shall be made available by the Director to the developer upon request.
(c) When a condominium unit is being sold by an owner other than the developer, a certificate of inspection and a certificate of compliance shall be required as herein provided:
(1) Prior to entering into a contract of sale, the owner of a condominium unit shall obtain from the prospective buyer a signed acknowledgment of the receipt of a copy of a certificate of inspection for the condominium unit to be sold, issued by the Director within one year prior to the execution of the contract of sale.
(2) Prior to entering into a contract of sale, the owner of a condominium unit shall also obtain from the prospective buyer a signed acknowledgment of the receipt of a copy of the most recent certificate of inspection or certificate of compliance for the common areas issued by the Director which certificate shall be made available by the Director to the owner upon request.
(Ord. 1985-21. Passed 4-9-85.)