(A) Compliance. Any accommodation unit within the town which has been converted to a condominium or has received approval for a conversion prior to the effective date of February 7, 1995, shall comply with the requirements of this section. The requirements contained in this section shall not apply to structures or buildings which contain two units or less.
(B) Use by owner/renter. The requirements and restrictions herein contained shall be included in the condominium declaration for the project, and filed of record with the Eagle County Clerk and Recorder. The condominium units created shall remain in the short term rental market to be used as temporary accommodations available to the general public.
(1) An owner’s personal use of his or her unit shall be restricted to 28 days during the seasonal periods of December 24 through January 1 and February 1 through March 20. This seasonal period is hereinafter referred to as “high season”.
OWNER’S PERSONAL USE shall be defined as owner occupancy of a unit or nonpaying guest of the owner or taking the unit off the rental market during the seasonal periods referred to herein for any reason other than necessary repairs which cannot be postponed or which make the unit unrentable. Occupancy of a unit by a lodge manager or staff employed by the lodge, however, shall not be restricted by this section.
(2) A violation of the owner’s use restriction by a unit owner shall subject the owner to a daily assessment rate by the condominium association of three times a rate considered to be a reasonable daily rental rate for the unit at the time of the violation, which assessment when paid shall be common elements of the condominiums. All sums assessed against the owner for violation of the owner’s personal use restriction and unpaid shall constitute a lien for the benefit of the condominium association on that owner’s unit, which lien shall be evidenced by written notice placed of record in the office of the Clerk and Recorder of Eagle County, and which may be collected by foreclosure on an owner’s condominium unit by the association in like manner as a mortgage or deed of trust on real property. The condominium association’s failure to enforce the owner’s personal use restriction shall give the town the right to enforce the restriction by the assessment and the lien provided for hereunder. If the town enforces the restriction, the town shall receive the funds collected as a result of such enforcement. In the event litigation results from the enforcement of the restriction, and the town prevails in such litigation, the court shall award the town its court costs together with reasonable attorney fees incurred.
(3) The town shall have the right to require from the condominium association an annual report of owner’s personal use during the high seasons for all converted condominium units.
(4) The converted lodge units shall not be used as permanent residences. For the purposes of this section, a person shall be presumed to be a permanent resident if such person has resided in the unit for six consecutive months notwithstanding from time to time during such six-month period the person may briefly dwell in other places.
(C) Converted lodge retains customary facilities. Any lodge located within the town which has converted accommodation units to condominiums shall continue to provide customary lodge facilities and services including a customary marketing program.
(D) Unsold condominiums rented. The converted condominium units shall remain available to the general tourist market. If unsold 30 days after recording of the condominium map, the unsold converted condominiums shall be required to be furnished and made available to the general tourist market within 90 days after the date of recording of the condominium map. This requirement may be met by inclusion of the units of the condominium project at comparable rates in any local reservation system for the rental of lodge or condominium units in the town.
(E) Common areas remain. The common areas of any lodge with converted units shall remain common areas and be maintained in a manner consistent with its previous character. Any changes, alterations or renovations made to common areas shall not diminish the size or quality of the common areas.
(F) Employee housing. Any accommodation units that were utilized to provide housing for employees at any time during the three years previous to the date of the application shall remain as employee units for such duration as may be required by the Planning and Environmental Commission or the Town Council.
(G) Applicability. All conditions set forth within this section shall be made binding on the applicant, the applicant’s successors, heirs, personal representatives and assigns and shall govern the property which is the subject of the application for the life of the survivor of the present Town Council plus 21 years.
(1) Conversion of accommodation units located within a lodge pursuant to this section, shall be modified only by the written agreement of the Town Council and the owner or owners of the units which have been converted into condominiums.
(2) The documents creating and governing any accommodation unit which has been converted into a condominium shall be modified by the owners of such units only with the prior written approval of the Town Council.
(Ord. 2(1983) § 1; Ord. 21(1987) §§ 1 - 3; Ord. 1(1995) § 4; Ord. 15(1995) § 1; Ord. 5(2000) § 1; Ord. 29(2005) § 62; Ord. 16(2013) § 1)