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Special consideration shall be given to tenants who would or could experience severe hardships in relocating, if necessary, after receiving a notice of intent to submit a property to the provisions of the Illinois condominium property act. The following provisions are included to alleviate said hardships:
A. A condominium developer shall inform all tenants electing not to purchase condominium units that relocation counseling or assistance may be available by contacting the Oak Park Housing Authority, Oak Park Housing Center or other appropriate agencies.
B. A condominium developer shall disclose in writing the following language to a tenant electing not to purchase a condominium unit:
Tenants who find it necessary to move may be eligible for rental assistance payments through the Housing Authority of the Village of Oak Park located at 328 North Austin Boulevard. All tenants desiring assistance are encouraged to inquire about the Housing Authority programs.
The Housing Authority will make every effort to help, although Federal funds available for rental assistance payments are limited. Tenants eligible for assistance must have an annual income not in excess of the income standards set for this area by the Department of Housing and Urban Development. Tenants meeting this standard shall receive some priority consideration from the Housing Authority under its standards for tenants who are about to be without housing due to no fault of their own.
C. Apartment building owners who receive rehabilitation grant assistance from the Oak Park community development block grant program shall be required to offer, on a priority basis, any unleased units so assisted to eligible tenants displaced by condominium conversions within the Village. (Ord. 15-184, 11-2-2015, eff. 12-1-2015)
Every condominium unit shall contain the following:
A. Ground fault interrupted (GFI) outlets in kitchen and bathroom.
B. All electrical outlets shall be grounded.
C. A light fixture in all storage rooms or within fifteen feet (15') of all storage areas defined by wire or other transparent wall material.
D. A minimum of three (3) reasonably spaced, grounded electrical outlets in each habitable room in addition to any other electrical fixture which is located in any such room.
E. Each dwelling unit in a condominium must have a minimum of sixty (60) amp electric service. Electric service of less than sixty (60) amp must be replaced with one hundred (100) amp electric service.
F. The electrical service to the condominium building shall be equal to or greater than that required by article 220 of the national electric code (1993) for a building which complies with the per unit electrical service requirements of subsection 12-3-8E of this section. (Ord. 15-184, 11-2-2015, eff. 12-1-2015)
The seller of every condominium unit within the Village shall include a rider to every sales contract for the sale of a condominium unit within the Village which must be separately executed by the seller and purchaser and which shall read, in bold print, as follows:
The Seller has notified the Purchaser, and the Purchaser acknowledges receipt of notification from the Seller that the Village of Oak Park has enacted a Condominium and Condominium Conversion Ordinance, setting forth regulations which, among other things, provide BUYER PROTECTION BENEFITS included in the enumerated Section of the Ordinance as follows:
Section 12-3-2: | At least 30 days prior to closing a sales contract...a developer shall prepare and file with the Director of the Development Customer Services Department a property report and shall certify by affidavit that all disclosures are true to the best of the developer's knowledge and belief... | |
Section 12-3-2R: | The maximum number of occupants permitted by the Village Code for this dwelling unit is listed in the Property Report required to be on file with the Director of the Development Customer Services Department. | |
Section 12-3-4A to E: | Condominium warranty provisions...A copy of the warranty shall be filed with the Director of the Development Customer Services Department... | |
Section 12-3-5A: | A developer submitting a property to the provisions of the Illinois Condominium Property Act shall file a notice of intent to convert with the Director of the Development Customer Services Department of the Village, within three (3) business days from the date said notice is given to the tenants of the property. A code inspection...shall be scheduled.... | |
Section 12-3-5B: | Any code violations and deficiencies...should be corrected by the developer at least 30 days prior to the closing of a sales contract on any condominium unit to provide the Department of Development Customer Services with adequate time to perform a reinspection of the premises and prepare the required report and certificate. Said corrections shall be evidenced by a code inspection report and certificate, or partial certificate, of code compliance which shall be presented by the developer to the Purchaser prior to or at closing. | |
Section 12-3-11: | The Purchaser has the right to rescind any sale not in substantial conformance with this Article or to seek damages therefor.
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All of the above provisions must be satisfied prior to closing. If you have any questions or need additional information, please call the Director of the Development Customer Services Department at (708) 383-6400.
(Ord. 15-184, 11-2-2015, eff. 12-1-2015)
The developer shall schedule an informational meeting at the Village Hall with the Director and Director of Community Relations at least ninety (90) days prior to filing the declaration in the case of new construction or within thirty (30) days of providing notice to tenants of an existing building of the developer's intention to file a declaration to convert such building to a condominium building in accordance with the Illinois condominium property act.
The purpose of the meeting will be for the Village to provide the developer and developer's agents with information concerning the application of the Village's fair housing and condominium development laws and regulations to the developer's condominium development. (Ord. 15-184, 11-2-2015, eff. 12-1-2015)
Any person found guilty of violating any of the provisions of this article upon conviction thereof shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than three hundred dollars ($300.00) for the first offense and not less than three hundred dollars ($300.00) nor more than five hundred dollars ($500.00) for the second and each subsequent offense in any one hundred eighty (180) day period, provided, however, that all actions seeking the imposition of fines only shall be filed as quasi-criminal actions subject to the provisions of the Illinois civil practice act 1 . Repeated offenses in excess of three (3) within any one hundred eighty (180) day period may also be punishable as a misdemeanor by incarceration in the county jail for a term not to exceed six (6) months under the procedure set forth in section 1-2-1
.1 of the Illinois municipal code 2 under the provisions of the Illinois code of criminal procedure in a separate proceeding.
Each failure to comply with the provisions of this article with respect to each person shall be considered a separate offense. A separate and distinct offense shall be regarded as committed each day on which such person shall continue or permit any such violation.
The rights, obligations and remedies set forth in this article shall be cumulative and in addition to any others available at law or in equity. The Village or any prospective purchaser, purchaser or owner of a unit may seek compliance with any provision of this article and in addition shall have the right to rescind any sale not in substantial conformance with this article or may seek damages therefor. (Ord. 15-184, 11-2-2015, eff. 12-1-2015)
Notes
| 1 | 1. 735 ILCS 5/1 et seq. |
| 2 | 1. 65 ILCS 5/1-2-1.1. |
A lessor of residential real property containing four (4) or more units, who has received a security deposit from a lessee to secure the payment of rent or to compensate for damage to the leased property may not withhold any part of that deposit as compensation for property damage unless he has, within thirty (30) days of the date that the lessee vacated the premises, furnished to the lessee, delivered in person or by mail directed to his last known address, an itemized statement of the damage allegedly caused to the premises and the estimated or actual cost for repairing or replacing each item on that statement, attaching the paid receipts, or copies thereof, for the repair or replacement. If estimated cost is given, the lessor shall furnish the lessee with paid receipts, or copies thereof, within thirty (30) days from the date the statement showing estimated cost was furnished to the lessee, as required by this section.
If no such statement and receipts, or copies thereof, are furnished to the lessee as required by this section, the lessor shall return the security deposit in full within forty five (45) days of the date that the lessee vacated the premises.
Upon a finding by a circuit court that a lessor has refused to supply the itemized statement required by this section, or has supplied such statement in bad faith, and has failed or refused to return the amount of the security deposit due within the time limits provided, the lessor shall be liable for an amount equal to twice the amount of the security deposit due, together with court costs and reasonable attorney fees. (Ord. 1990-0-9, 3-19-1990, eff. 6-1-1990; amd. Ord. 15-184, 11-2-2015, eff. 12-1-2015)
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