Evanston, Ill., City Code § 5 § 5-4-3-4

(A) All sales contracts for the first-time sale of any condominium unit covered under this Chapter shall contain the following express warranties by the declarant:
1. 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 declarant shall warrant the materials, workmanship, operation, construction or condition of all such items or elements for either four (4) years from the date of transfer of title of the first unit so transferred, or two (2) years from the date of transfer of the unit, which brings the total number of units transferred to sixty percent (60%) or more of the total units, whichever occurs first. The declarant shall provide his/her own warranty, whether or not any manufacturer's warrant currently exists.
2. 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 declarant 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.
3. 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 declarant or his/her 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.
(B) The declarant 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/she 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 declarant shall not be required to honor his/her 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.
(C) Following the timely notification by a unit owner or the Unit Owner's Association, the declarant shall, during the period of the warranty, make any required repairs or replacements. If the declarant 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 declarant in writing of their intention to correct or repair the condition at the declarant's expense. If the declarant fails to comply within fourteen (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 pursuant to Section 5-4-3-4 (E).
(D) 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 declarant or his/her successor, all such notices to be during the period of warranty.
(E) To ensure compliance with the warranties set forth in this Section, the declarant 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 declarant 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 one percent (1%) of the sales 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.