Elgin — Ch. 16.46 Residential Condominium Conversions § 16.46.010
Definitions
Operative Text
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Agent means any person, firm, partnership, joint venture, corporation or any other entity or combination of entities who represents or acts on behalf of a developer in selling or offering to sell any condominium unit. Board of managers means the board of managers provided for and referred to in the Illinois Condominium Property Act (765 ILCS 605/1 et seq.), as amended. Certificate of condominium compliance means a written instrument issued by the city as evidence of a condominium project's compliance with applicable building code, property maintenance code and zoning ordinance standards of the city. Closing of a sales contract means the operation of transferring ownership of a condominium unit to the purchaser from the developer. Code inspection report means a written report issued by the city as evidence that all units and common elements in a condominium project have been inspected for compliance with applicable building code, property maintenance code and zoning ordinance standards of the city. Common elements means all portions of a condominium property except the condominium units unless otherwise specified. The term "common elements" shall also include limited common elements. Condominium means a form of property established pursuant to the Illinois Condominium Property Act (765 ILCS 605/1 et seq.), as amended. Condominium project means a plan by a developer to sell residential condominium units in an existing building or building to be constructed or under construction. Condominium unit or unit means a separate three (3) dimensional area identified as such in the declaration and on the condominium plat. A condominium unit shall include all improvements contained within the unit area except those excluded in the declaration. Conversion means the offering for sale by a developer or the developers agent of a condominium unit that was rented by any person prior to the commencement of a condominium project. Declaration means an instrument by which a property is submitted to the provisions of the Illinois Condominium Property Act (765 ILCS 605/1 et seq.), as amended. Developer means any person or successors who undertake to develop a condominium project either by conversion or new construction. Director means the community development director of the city or authorized representative may be hereinafter referred to as the director. Dwelling unit means one (1) or more rooms within a condominium unit which are designed, intended and used exclusively for human habitation within a common household. Each dwelling unit shall have individualized and independent entrance, cooking, sleeping and sanitary facilities. Limited common elements means a portion of the common elements to be reserved for the use of a certain number of condominium units. The term "limited common elements" shall include, but not be limited to, balconies, terraces, patios and parking spaces or facilities. Offering means any inducement, solicitation, advertisement, publication or announcement by a developer to the general public to encourage the purchase of a condominium unit or prospective condominium unit. Original residential use means the lawfully conforming use of a property, including the original number of dwelling units established on a property, when the property was originally constructed and first approved for occupancy. Person means any natural individual, partnership, copartnership, firm, company, association, joint stock company, trust, estate, trustee or other legal entity capable of holding title to real property. Plat means a plat of survey of all the units and common elements in a property submitted to the provisions of the Illinois Condominium Property Act (765 ILCS 605/1 et seq.), as amended. Property condition report means a property report required by this chapter and in accordance with the Illinois Condominium Property Act, as amended. Prospective purchaser means a person who visits the condominium project site for the purpose of inspection for possible purchase or who requests the property report. Tenant means a person who pays rent for the privilege of occupying an apartment.
Section 16.46.010 of Elgin's Chapter 16.46 establishes the official vocabulary used throughout the city's residential condominium conversion regulations. Terms such as "conversion," "developer," "agent," "common elements," and "tenant" carry specific legal meanings within this chapter, which may differ from their everyday usage. These definitions set the interpretive foundation for all rights, obligations, and procedures described elsewhere in Chapter 16.46. Understanding how these terms are defined is essential to reading any other provision in this chapter accurately.
Plain English — not legal advice.
Developers and their agents operating under Elgin Ch. 16.46 should familiarize themselves with the precise definitions in § 16.46.010, as terms like "conversion," "offering," and "agent" carry specific meanings that govern compliance obligations throughout the chapter. For example, a "conversion" is triggered when a unit that was previously rented is offered for sale as part of a condominium project, which has implications for notice requirements and other procedural steps elsewhere in the chapter. Operators generally ensure that all marketing materials, contracts, and disclosures use these defined terms consistently to avoid misinterpretation by the city or prospective purchasers.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
For tenants living in a building that may be undergoing a condominium conversion in Elgin, § 16.46.010 is the starting point for understanding the terminology used in the protections and procedures that follow throughout Chapter 16.46. The definition of "tenant" — a person who pays rent to occupy an apartment — and "conversion" — the offering for sale of a previously rented unit — are particularly relevant to determining whether the chapter's tenant protections apply to a given situation. Tenants who believe a conversion is underway may wish to review the full chapter, consult the City of Elgin's community development office, or reach out to a tenant-rights organization to better understand how these definitions affect their rights.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 6, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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