CHAPTER 1417
Condominiums
Condominiums
1417.01 Definitions.
1417.02 Option and notice required.
1417.03 Cancellation of contract.
1417.04 Certificate of Inspection and Compliance.
1417.05 Application for inspection by developer.
1417.06 Application for inspection by owner other than developer.
1417.07 Consent to inspection.
1417.08 Waiver of inspection fee.
1417.09 Orders for correction.
1417.10 Duties of escrow agent.
1417.11 Warranty of compliance.
1417.12 Right of entry by unit owners association.
1417.13 Forms, rules and regulations; appeals.
1417.14 Exceptions.
1417.15 Remedies.
1417.16 Severability.
1417.99 Penalty.
CROSS REFERENCES
Home construction or purchase contracts; rights and procedures - see Ohio R.C. 1311.011
State law provisions - see Ohio R.C. Ch. 5311
1417.01 DEFINITIONS.
For the purposes of this chapter, the following terms are defined as follows:
(a) "Apartment" means a dwelling unit in an apartment building, as defined in Section 1221.04 of the Zoning Code, which is occupied pursuant to a lawful rental agreement, oral or written, express or implied, which was not converted into a condominium unit on the effective date of this section.
(b) "Common areas and facilities" means the land described in the declaration submitted pursuant to the provisions of Ohio R.C. Chapter 5311, and all other areas, facilities, places and structures that are not part of a condominium unit.
(c) "Condominium development" means a condominium property in which two (2) or more condominium units, together with undivided interests in the common areas and facilities of the property, are offered for sale pursuant to a common promotional plan.
(d) "Condominium property" means land, all buildings, improvements and structures on the land, all easements, rights and appurtenances belonging to the land, and all articles of personal property, submitted pursuant to the provisions of Ohio R.C. Chapter 5311.
(e) "Condominium unit" means a part of the condominium property consisting of one (1) or more rooms on one (1) or more floors of a building which is designated as a unit in the declaration submitted pursuant to the provisions of Ohio R.C. Chapter 5311 and filed and recorded in the office of the Cuyahoga County Recorder.
(f) "Condominium unit owner" means a person who possesses a fee simple estate or a ninety-nine (99) year leasehold estate, renewable forever, in a condominium unit, together with an appurtenant undivided interest in the common areas and facilities.
(g) "Conversion condominium development" means a condominium development that was originally operated as an apartment building or buildings prior to the filing of the declaration with the Office of the Cuyahoga County Recorder.
(h) "Developer" means any person who, directly or indirectly sells or offers for sale, condominium units in a conversion condominium development.
(i) "Elderly tenant" means a tenant who is age sixty-five (65) or older.
(j) "Handicapped tenant" means any tenant who has any physiological disorder or condition limiting mobility or who is unable to walk without assistance.
(k) "Tenant" means any person who occupies or has a leasehold interest in an apartment or a condominium development under a lawful rental agreement whether oral or written, express or implied.
(l) "Unit owners association" means the organization of all condominium unit owners in a condominium property that administers the condominium property.
(Ord. 80-81. Enacted 11-24-80.)
1417.02 OPTION AND NOTICE REQUIRED.
(a) All tenants in a conversion condominium development shall be offered an option in writing, exercisable within not less than one hundred twenty (120) days after notice, to purchase a condominium ownership interest in the development, and after the expiration of such one hundred twenty (120) day period, tenants choosing not to purchase a condominium ownership interest shall be given written notice of not less than one hundred twenty (120) days, and if the tenant is an elderly or handicapped tenant, written notice of not less than one hundred eighty (180) days, prior to being required to vacate the premises to facilitate the conversion. At the time a tenant is offered an option to purchase as provided herein, the developer shall also provide such tenant with a copy of this chapter, or a summary thereof, which the developer may obtain from the Director of Building and Housing.
(b) A tenant choosing not to purchase a condominium unit may waive his option and notice as provided in subsection (a) hereof, providing the tenant acknowledges in writing that he understands that the developer will, in reliance upon the tenant's waiver and agreement to vacate by a certain date, be entering into a contract to sell to parties other than the tenant and deliver possession of the condominium unit prior to the expiration of the one hundred twenty (120) days or, if the tenant is elderly or handicapped, one hundred eighty (180) days, notice periods. A waiver in a lease shall not be considered a waiver of a tenant's rights to be given an option and notice as provided in subsection (a) hereof.
(c) A tenant whose written lease remains in effect beyond the option and notice periods provided in subsection (b) hereof shall be entitled to remain in the apartment throughout the term set forth in such lease.
(d) This section shall not apply to evictions for purposes other than for the purpose of converting an apartment into a condominium.
(Ord. 17-92. Enacted 11-13-17.)
1417.03 CANCELLATION OF CONTRACT.
(a) A purchaser may, at his election, cancel an executed contract between himself and the developer for the purchase of a condominium unit by delivering to the developer or his authorized agent written notice of cancellation at any time within three (3) days following the date the contract is signed by the purchaser.
(b) Upon receipt of a timely cancellation, the developer shall immediately refund any deposit, earnest money or other funds, and the parties shall have no further rights or liabilities under the contract.
(Ord. 80-81. Enacted 11-24-80.)
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