1417.04 CERTIFICATE OF INSPECTION AND COMPLIANCE.

   (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, every 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 Housing within one (1) year prior to the execution of the contract of sale; and if the buyer is a tenant, a copy of such Certificate of Inspection or Certificate of Compliance shall be delivered to the tenant not less than sixty (60) days prior to the expiration of the option period provided in this chapter; or

      (2)    Every developer shall obtain from the prospective buyer a signed acknowledgment of the receipt of a copy of a Certificate of Inspection within thirty (30) 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 (90) days from the date of inspection. This ninety (90) day period can only be extended for good cause, as provided in Section 1417.09.

   (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, every 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 Director of Building and Housing within one (1) year prior to the filing of the declaration of condominium property with the Cuyahoga County Recorder's office. If a Certificate of Compliance has not been issued by the Director of Building and Housing within one (1) 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 (50%) of the interest in 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 of Building and Housing, issued to the unit owners association, in the sum of one hundred percent (100%) of the estimated cost of correcting the as yet uncorrected violations noted in the Certificate of Inspection of the common areas which shall be filed prior to the developer selling and conveying more than fifty percent (50%) of the interest in the units and common areas.

      (2)   Prior to entering into a sales contract for a condominium unit sold after three (3) years from the date of the inspection of the common areas as required in subsection (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 of Building and Housing, 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 a developer, the parties shall comply with the requirements of Chapter 1415 as they apply to single-family dwellings, except that the fee shall be as set forth in Section 1415.04 for condominium units.

(Ord. 17-92. Enacted 11-13-17.)