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All leases and applications for leases of dwelling units shall contain the information set forth in subsection 12-2-11A of this section, and all leases and applications for leases of dwelling units which are newly executed and/or renewed on or after October 1, 1991, shall contain the information set forth in subsections 12-2-11B through E of this section:
A. Night parking is prohibited on all Village streets from two thirty o'clock (2:30) A.M. to six o'clock (6:00) A.M. and the lessee is responsible for providing off street parking for the lessee's vehicle during those hours to the extent such parking is not provided by the lessor.
B. The specific unit number of the dwelling unit to be leased.
C. The maximum occupancy of the dwelling unit to be leased as established by the owner and/or operator of the dwelling unit. The owner and/or operator shall not, however, set forth a maximum occupancy in any such lease or lease application which exceeds the maximum occupancy for the dwelling unit established by section 12-1-6 of this chapter and set forth in the annual building inspection report provided to every multiple-family dwelling building owner or operator by the Director of the Development Customer Services Department of the Village on an annual basis.
D. The full names and birth dates of all occupants of the dwelling unit leased or to be leased under the lease agreement. The individual occupancy of the dwelling unit may not be changed without an amendment to the existing lease agreement reflecting the change in occupancy and shall in no case exceed the maximum occupancy set forth in section 12-1-6 of this chapter.
E. The name and phone number of an agent of the building owner or management who, in emergency situations, will be accessible to tenants on a twenty four (24) hour per day basis and capable of reasonably and effectively responding to tenant needs in such situations.
It shall be the responsibility of the lessor to set forth the information required herein in the lease agreement. Any lease not containing the information required herein shall be voidable by the lessee. (Ord. 16-088, 7-18-2016, eff. 9-1-2016)
A. A residential rental license shall not be issued until the owner or designated agent has attended and successfully completed an annual landlord management housing seminar conducted by the Village's Development Customer Services Department. All license applicants shall comply with the annual seminar requirement within one year of applying for a license or within one year of applying for a license renewal and shall attend and complete the annual seminar every year thereafter. Licenses shall be null and void if the owner or designated agent fails to comply with the seminar requirement pursuant to this section.
B. In the event that an owner or designated agent applies for a residential rental license and has met all other license requirements, but a an annual landlord management seminar is not available, a provisional license may be issued, effective for no more than one year from the date of issuance, subject to attendance and successful completion by the operator, or his/her designated agent, of that seminar within that time period. Upon completion of the seminar within that time period, a rental residential license shall be issued for the balance of the year.
C. In the event that a designated agent attends the annual landlord management seminar to comply with this section, and that agent is no longer employed by the owner to be responsible for managing the rental residential dwelling unit under the license, the owner or a newly designated agent shall attend and successfully complete the seminar within twelve (12) months of that event.
D. An owner or designated agent of an owner may be certified as an operator upon issuance of a rental residential license, and a certificate of completion of the annual landlord management seminar. The certification as an operator shall be issued on an annual basis.
E. At any time after two (2) years from the date of the issuance of a license, an operator or designated agent may be required to attend and successfully complete the annual landlord management seminar. Such requirement shall be subject to the determination of the Village's Development Customer Services Department which shall consider whether the rental property that is the subject of the license is at risk of becoming a nuisance rental property as defined in this Code:
F. A rental residential license shall not be renewed if attendance is required and not completed within three (3) months of the notice to that effect. Such notice shall be delivered or mailed to the landlord, or designated agent, at the address designated on the most recent license application.
G. The Village's Development Customer Services Department shall maintain a list of landlords and/or designated agents who have attended the annual landlord management seminar and/or who are certified residential operators, along with the dates of attendance and verification that the landlord or designated agent has otherwise complied with this code to be eligible for issuance or renewal of a residential operator's license.
(Ord. 16-088, 7-18-2016, eff. 9-1-2016; amd. Ord. 22-45, 6-6-2022)
ARTICLE 3
REGULATION OF CONDOMINIUMS AND CONDOMINIUM CONVERSIONS
REGULATION OF CONDOMINIUMS AND CONDOMINIUM CONVERSIONS
SECTION:
12-3-1: Definitions
12-3-2: Property Report; Required Contents
12-3-3: Required Property Report Disclaimer
12-3-4: Condominium Warranty Provisions
12-3-5: Condominium Code Inspections
12-3-6: Conversion Notification Requirements
12-3-7: Relocation Assistance
12-3-8: Code Requirements
12-3-9: Condominium Sales Contract; Rider Required
12-3-10: Condominium Development Meeting; Required
12-3-11: Violation Penalties
12-3-12: State Statutory Tie-In Provisions
The following words and phrases shall have the meanings, and are hereby defined, as follows:
AGENT: Any person, firm, partnership, joint venture, corporation or any other entity or combination of entities who represents or acts on behalf of a developer in selling or offering to sell any condominium unit.
BOARD OF MANAGERS: The Board of Managers provided for and referred to in the Illinois condominium property act.
CERTIFICATE OF CODE COMPLIANCE: A written instrument issued by the Village as evidence of a condominium project's compliance with applicable housing code standards of the Village.
CLOSING OF A SALES CONTRACT: The operation of transferring ownership of a condominium unit to the purchaser from the developer.
CODE INSPECTION REPORT: A written report issued by the Village as evidence that all units and common elements in a condominium project have been inspected for compliance with applicable housing code standards of the Village.
COMMON ELEMENTS: All portions of a condominium property except the condominium units unless otherwise specified. Common elements shall also include limited common elements.
CONDOMINIUM: A form of property established pursuant to the Illinois condominium property act.
CONDOMINIUM PROJECT: A plan by a developer to sell residential condominium units in an existing building or building to be constructed or under construction.
CONDOMINIUM UNIT OR UNIT: A separate three-dimensional area identified as such in the declaration and on the condominium plat. A condominium unit shall include all improvements contained within the unit area except those excluded in the declaration.
CONVERSION: The offering for sale by a developer or his agent of a condominium unit that was rented by any person prior to the commencement of a condominium project.
DECLARATION: An instrument by which a property is submitted to the provisions of the Illinois condominium property act.
DEVELOPER: Any person or successor or assign who undertakes to develop a condominium project either by conversion or new construction. A developer does not include a corporation owning and operating a cooperative apartment building unless more than six (6) units are to be sold to persons other than current stockholders of the cooperation.
DIRECTOR: The Director of the Development Customer Services Department of the Village of Oak Park, as provided for under chapter 2, article 8 of this code, as amended, or the Director's designee.
LIMITED COMMON ELEMENTS: A portion of the common elements to be reserved for the use of a certain number of condominium units. Limited common elements shall include, but not be limited to, balconies, terraces, patios and parking spaces or facilities.
OFFERING: Any inducement, solicitation, advertisement, publication or announcement by a developer to the general public to encourage the purchase of a condominium unit or prospective condominium unit.
PERSON: Any natural individual, partnership, copartnership, firm, company, association, joint stock company, trust, estate, trustee or other legal entity capable of holding title to real property.
PHYSICALLY DISABLED PERSON: A person unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than twelve (12) months.
PHYSICALLY HANDICAPPED PERSON: A person having an impairment which is expected to be of long continued and indefinite duration or which substantially impedes his ability to live independently. Said impairment shall include blindness and deafness.
PLAT: A plat or plats of survey of all the units and common elements in a property submitted to the provisions of the Illinois condominium property act.
PROPERTY REPORT: A property report required by this article and in accordance with the Illinois condominium property act.
PROSPECTIVE PURCHASER: A person who visits the condominium project site for the purpose of inspection for possible purchase or who requests the property report.
TENANT: A person who pays rent for the privilege of occupying an apartment. (Ord. 15-184, 11-2-2015, eff. 12-1-2015)
At least thirty (30) days prior to closing a sales contract on any condominium unit in a condominium project, a developer shall prepare and file with the Director a property report and shall certify by affidavit that all disclosures are true to the best of his knowledge and belief. Said report shall contain at least the following information about the condominium project:
A. A statement indicating the name and address of the developer of the condominium property.
B. A plat of survey showing the size and dimensions of the condominium property.
C. A legal description of the condominium units offered and the proportionate percentage of individual ownership of said units.
D. A description of the common elements and a statement of the percentage ownership of the common elements applicable to the condominium units offered.
E. A description of all existing and proposed facilities not included, or not to be included, as part of the common elements.
F. A statement of the following, in capital letters, when parking facilities are not:
1. Part of the common elements, or
2. Divided as individual parking spaces among and designated as part of the units of a condominium property:
PARKING FACILITIES ARE NOT OWNED BY THE UNIT OWNERS. IT SHALL BE THE RESPONSIBILITY OF CONDOMINIUM UNIT OWNERS TO OBTAIN THEIR PARKING FACILITIES. THE VILLAGE OF OAK PARK PROHIBITS OVERNIGHT PARKING ON STREETS.
G. An identification of all drawings, architectural plans and other suitable documents, including "as built" drawings, setting forth information for the location, maintenance and repair of condominium facilities and equipment. Said identification shall be made to the extent these documents exist and are available to the Condominium Board of Managers.
H. Projected initiation and completion dates for any proposed construction, renovation or conversion.
I. Copies of the following legal documents that are binding or are to be binding upon the condominium:
1. The declaration and plat of survey. Prior to the recordation of the declaration, however, a preliminary declaration and plat may be supplied, provided they are accompanied by a written statement that the description of units and percentage of ownership interest in common elements is preliminary and may be changed in material respects upon the recording of the declaration and plat.
2. The articles of incorporation or charter of the condominium association, if any.
3. The bylaws and regulations of the condominium association.
J. Disclosures of the existence of other legal documents that are binding upon the condominium, including:
1. Any leases on real or personal property applicable to the condominium.
2. The coverage and amounts of property insurance policies maintained on the condominium building.
3. Any management contract, employment contract or any other contract affecting the use, maintenance or access to all or any part of the condominium. Said disclosures under this subsection shall include:
a. The name of the management agency, if any, and the services the agent will perform;
b. The length of term of any management contract and the charges and circumstances, if any, under which the charges may be increased;
c. The conditions, if any, under which the contract may be canceled or terminated; and
d. A statement disclosing any relationship between the developer and the management firm.
K. A statement of sale prices, terms and options for condominium units.
L. A floor plan of the condominium unit offered for sale.
M. A description of any appliances and other personal property included with a unit offered for sale.
N. A statement of the terms and conditions of sale, including estimated itemized closing and settlement costs, taxes and expected special assessments levied either by the condominium or an entity of government.
O. A statement of the estimated operating budget for the condominium project, projected for a period of one year from the expected date that control of the project would pass to the Board of Managers. The projected operating budget shall include:
1. Operating costs, such as costs for utilities, heating fuels, janitorial services, trash and garbage disposal, ground and building maintenance, security, maintenance or recreational and other facilities, building insurance, elevator maintenance, sidewalk and street maintenance and taxes. Said costs shall at least be shown in the aggregate and identified as operating costs.
2. Management costs, such as the costs of management fees, accounting and bookkeeping services and legal services. Said costs shall at least be shown in the aggregate and identified as management costs.
3. Reserve costs, such as reserves for improvements, unexpected repair work, and replacement and upkeep of common areas and facilities. Said costs shall at least be shown in the aggregate and identified as reserve costs.
P. A statement of the provisions the developer has made to cover the proposed operations and maintenance budget in the event an insufficient number of units are sold.
Q. A report from a professional engineer or architect, licensed by the state, describing the condition and expected useful life of the following structural elements at least thirty (30) days prior to closing a sales contract:
1. Roof.
2. Foundation.
3. External and supporting walls.
4. Mechanical, electrical, plumbing, heating and structural elements.
5. All other common facilities.
To the extent possible, all said descriptions shall be provided together with an estimate of repair and replacement costs at current market prices for those elements which need repair or replacement.
R. A statement setting forth the maximum number of occupants permitted by this code for each dwelling unit contained within the condominium development. Each such dwelling unit shall be clearly and accurately identified so as to be easily referenced by a person reading the statement.
S. A statement verifying the number of applications of roofing systems existing on the building. If more than two (2) applications of roofing systems exist, the developer shall provide an estimate of cost for a complete tear off of the old roofing systems and the application of a new roofing system.
T. A statement indicating that the electrical service for each condominium unit is in compliance with subsection 12-3-8E of this article, the condominium ordinance, and containing a list of condominium units, identified by number, which indicates the size of the electrical service in ampere for each unit.
U. A statement indicating that the electrical service for the building, based upon the per unit electrical service requirements of subsection 12-3-8F of this article, the condominium ordinance, is equal to or greater than the electrical service requirements set forth in article 220 of the national electric code (1993) and setting forth service load calculations for the condominium building which provide substantially the same information contained in the "service load calculations" form for multiple- family dwellings included in exhibit A of this section.
(Ord. 15-184, 11-2-2015, eff. 12-1-2015)
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