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CHICAGO Condominium Ordinance

13-72-060 Notice to tenants of intent to declare submission of property for condominium consideration required.

  1. No less than 180120 days prior to recording the declaration to the provisions of the Illinois Condominium Property Act, a developer shall give notice of such intent to record to all persons who are tenants of the building on the property on the date the notice is given.
  1. Any person who was a tenant as of the date of the notice of intent and whose tenancy expires other than for cause prior to the expiration of 180 120 days from the date on which a copy of the notice of intent was received by the tenant shall have a right to an additional tenancy on the same terms and conditions and for the same rental unit until the expiration of such 1820 day period by the giving of written notice thereof to the developer within 30 days of the date upon which a copy of the notice of intent was received by the tenant; provided, that in the case of any tenant who is of low or moderate income, or who is over 65 years of age or older, or who is deaf or blind or who is unable to walk without assistancedisabled as defined by the Illinois Human Rights Act 775 ILCS 5/1-103(I), or any tenant living with dependent children up to age eighteen, or nineteen if still attending high school, said tenant shall have the right to an additional tenancy on the same terms and conditions and for the same rental for 271800 days following receipt of said notice of intent to record by giving notice as aforesaid.

  1. Any tenant who was a tenant as of the date of the notice of intent and who vacates as a result of the conversion of his unit, shall be entitled to receive $2,000 in relocation assistance upon vacating the unit; provided, that in the case of any tenant who is of low or moderate income, or who is 65 years of age or older, or who is disabled as defined by the Illinois Human Rights Act 775 ILCS 5/1-103(I), or any tenant living with dependent children up to age eighteen, or nineteen if still attending high school, said tenant shall be entitled to receive $3,500 in relocation assistance. If there is more than one tenant who bears the cost of relocation from a unit, the landlord shall pay the tenants proportionally. The landlord is not required to make a relocation assistance payment to a tenant who is not current on rental payments.  This payment is to be made in addition to all other amounts owed to the tenant including a security deposit. If a landlord does not provide the relocation assistance payment as required, the tenant has a private cause of action to collect the payment and is entitled to costs and reasonable attorney fees for bringing the action.
  1. During the period of 180120 days following his receipt of the notice of intent, and during a period of 270180 days following his receipt of notice of intent in the case of any person who is of low or moderate income, or over 65 years of age or older, or who is disabled as defined by the Illinois Human Rights Act 775 ILCS 5/1-103(I)who is deaf or blind or who is unable to walk without assistance, or any tenant living with dependent children up to age eighteen, or nineteen if still attending high school, any person who was both a tenant on the date of notice of intent and a current tenant shall have the right of first refusal to purchase his unit on substantially the same or more favorable terms and conditions as set forth in a duly executed contract to purchase the unit. The tenant must exercise the right of first refusal, if at all, by giving notice thereof to the developer prior to the expiration of 30 days from the giving of notice by the developer to the tenant that a contract to purchase the unit has been executed. Each contract for sale of a unit shall conspicuously disclose the existence of, and shall be subject to, such right of first refusal. The statement in the deed conveying the unit to a purchaser to the effect that the tenant of the unit waived or failed to exercise the right of first refusal or had no right of first refusal with respect to the unit shall extinguish any legal or equitable right or interest to the possession or acquisition of the unit which the tenant may have or claim with respect to the unit arising out of the right of first refusal provided for in this section. The forgoing provisions shall not affect any claim which the tenant may have against the developer for damages arising out of the right of first refusal provided in this section, nor shall it affect the penalties provided in Section 13-72-110 hereof.
  1. No occupied unit shall be shown to any purchaser or prospective purchaser for 30 days after notice of intent to record, as provided herein, is given.

  1. Any person who was a tenant as of the date of the notice of intent referred to in subsection (A) of this section may terminate his lease, without penalty for termination, upon at least 30 days’ written notice to the landlord.
  1. Any notice provided for in this section shall be given by a written notice delivered in person or mailed, certified or registered mail, return receipt requested, to the party who is being given the notice. (Prior code 100.2-6)

  1. For the purposes of this section, “low or moderate income” is defined as a household with an annual gross income that is at or below the annual median household income of the six-county Chicago region (Cook, Lake, McHenry, Kane, DuPage and Will).

  1. If the owner fails to comply with any of the provisions of this section, then the owner is liable to the tenant for the following:

    1. relocation assistance in the amount to which the tenant is entitled under subsection (C) of this section;
    2. three months rent at the subject property; and
    3. reasonable attorney’s fees and court costs.

A tenant is entitled to injunctive relief to enforce the provisions of this section.

A non-profit housing organization, suing on behalf of an aggrieved tenant under this Section, may also recover compensation for reasonable attorney’s fees and court costs necessary for filing such action.

  1. Prior to the sale of any unit in a building submitted to the provisions of the Illinois Condominium Property Act, each unit must be inspected by the commissioner of buildings and the commissioner of fire and their respective assistants to ensure the building and the respective units are in compliance with all applicable building provisions of this Code. Where the result of such inspection shows that the building fails in any respect to comply with the building provisions of this Code, it shall become the joint and several duty of the building owner or owners to complete whatever changes or alterations may be necessary to make the building comply in all respects with the requirements of the building provisions of this Code. If the owner fails to make the necessary changes required to comply with the building Code, the unit shall not be sold as a condominium until the unit is brought into compliance.

  1. All sales contracts for the first-time sale of any condominium unit covered under this section shall contain the following express warranties by the developer:

Common Elements and Systems: “Common elements and systems” shall refer to the roof, foundation, external and supporting walls and other structural elements, the electrical, plumbing, heating, air conditioning and other mechanical systems, and all other common facilities, including but not limited to private sidewalks, recreational areas and common open space (but excluding decorating and carpeting). The developer shall warrant the materials, workmanship, operation, construction or condition of all such items or elements for either four years from the date of transfer of title of the first unit so transferred, or two years from the date of transfer of the unit, which brings the total number of units transferred to 60% or more of the total units, whichever occurs first.  The developer shall provide his own warranty, whether or not any manufacturer’s warrant currently exists.

Individual Unit Mechanical Equipment: “Individual unit mechanical equipment” shall refer to all appliances, and other mechanical equipment including heating, electrical and plumbing systems physically located within the individual owned units. The developer shall warrant the materials, workmanship, operation, construction or condition of said items for one year from the date of title transfer of that individual unit.

Warrant Exclusions: The following are exempted from all of the above warranties provided the work was done in accordance with existing applicable codes:

a. Damage caused by acts of unauthorized third parties, including vandalism, negligence, improper maintenance or improper operation by anyone other than the developer or his employees, agents or subcontractors.

b. Acts of God and accidents, including but not limited to fire, explosion, smoke, water escape, windstorm, hail, lightning, flood and earthquake.

c. Normal wear and tear and normal deterioration.

d. Ordinary maintenance and repairs.

The developer shall have the option to repair or replace warranted systems or elements, or to pay the cash value of such repair or replacement, except that where he fails upon notice and reasonable time as set forth below to repair, replace or pay for said item or system, or to state in writing why they do not fall within the warranty, the Unit Owners’ Association, or the unit owners, may decide whether to repair or replace the items. The developer shall not be required to honor his own warranty unless or until the unit owner or Association, as the case may be, shall have first sought to enforce existing manufacturer’s warranties.

Following the timely notification by a unit owner or the Unit Owner’s Association, the developer shall, during the period of the warranty, make any required repairs or replacements. If the developer fails to comply with the warranty provisions, the Unit Owners’ Association in the case of common elements and the unit owner in the case of unit items may notify the developer in writing of their intention to correct or repair the condition at the developer‘s expense. If the developer fails to comply within 14 days after being so notified or as promptly as conditions require in case of emergency, the Unit Owners’ Association or the unit owner, as the case requires, may have the work done and the Association for itself or jointly with and on behalf of the unit owner shall have recourse to the escrow or other security provided.

In order to cause said warranty to be honored, the Unit Owners’ Association or the unit owner, as the case may be, shall give timely notice of any defect or failure of operation to the developer or his successor, all such notices to be during the period of warranty.

To assure compliance with the warranties set forth in this Section, the developer shall set up escrows or other appropriate security acceptable to the City pursuant to the regulations promulgated under this Section, which shall provide for said escrows or other security to revert to sole control of the developer at the expiration of the different warranty periods unless outstanding claims exist against them. Escrows or other appropriate security shall be in an amount constituting the total of 1% of the sale price of each unit sold and shall be a combined joint fund available for both common element warranty work or unit warranty work and shall be irrevocable until the expiration of the common element warranty period or unit warranty period, whichever occurs later.

  1. Any building submitted to the Illinois Condominium Property Act is required to provide off-street parking in accordance with the minimum automobile parking ratios for newly constructed residential multi-unit buildings as found in 17-10-0200 of this Code. This subsection is to be read as an exception to the provisions of 17-10-0101-B(2) and additional parking may be required even if no additional dwelling units are added to the building.

  1. Any building submitted to the Illinois Condominium Property Act is required to comprise at least 7 units on the date that the declaration is recorded.