Melrose Park — Ch. 15.76 Condominium Conversions § 15.76.040
Warranties
Operative Text
A. Any developer of a property submitted subject to the provisions of the Illinois Condominium Property Act shall be required to provide a warranty against any defects in the following property components: 1. Roof; 2. Foundation; 3. External and supporting walls; 4. Central heating plant; 5. Elevator(s). B. Said warranty shall cover the defects listed in this section for a period of fifteen (15) months from the date control of the condominium property passes to the board of managers. C. Repair or replacement of the defects listed in this section shall be performed in a timely manner by the developer following notification by the board of managers. D. Warranty coverage shall not include the cost of normal, routine maintenance of the property components listed in this section or defects caused by fire (not related to any breach of warranty), acts of God, vandalism, or negligence of a unit owner. E. To assure compliance with this section, the developer shall, at the time of each closing, place in escrow, with an Illinois licensed title insurance company mutually acceptable to the village and the developer, a sum equal to two percent of the total of the unit sale price. Said sum shall remain in escrow for a period of not less than fifteen (15) months from the date control of the condominium project passes to the board of managers and all interest earnings on the sum held in escrow shall accrue solely to the developer. The developer shall notify the village clerk by registered or certified mail that control of the condominium project, has passed to the board of managers within five days of the passage control. At least sixty (60) days prior to the termination of the escrow period, the developer shall notify the board of managers and the affected unit owners by certified mail of the date upon which the escrow will terminate. If the required prior notice has been given and no notice of claim by any unit owner is received within the fifteen (15) month period, the funds in escrow shall be returned to the developer. If notice of claim is received by the escrowee, funds shall be retained in escrow in the amount of the claim until the claim is adjusted between the claimant and the developer or until the validity of the claim is determined by court action.
Under Melrose Park Ch. 15.76 § 15.76.040, a condominium developer must provide a 15-month warranty covering the roof, foundation, exterior and load-bearing walls, central heating plant, and elevators, starting when the board of managers takes control. To back this warranty, the developer deposits 2% of each unit's sale price into escrow with a licensed Illinois title insurance company. The warranty does not cover routine maintenance or damage from fire unrelated to a warranty breach, acts of God, vandalism, or unit-owner negligence.
Plain English — not legal advice.
Developers subject to § 15.76.040 generally maintain escrow accounts equal to 2% of each unit's sale price at every closing, held for at least 15 months after control transfers to the board of managers. Compliant developers notify the village clerk by registered or certified mail within five days of that transfer, and send certified notice to the board and unit owners at least 60 days before the escrow period ends. Timely repair or replacement of covered defects—roof, foundation, walls, heating plant, and elevators—following board notification is a core obligation under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
As a condominium unit owner in Melrose Park, § 15.76.040 gives you the benefit of a developer-funded escrow and a 15-month warranty on major structural and mechanical components. If you discover a covered defect, providing notice of your claim to the escrowee can cause warranty funds to be retained until the matter is resolved or adjudicated. Tenant-rights organizations or a housing attorney familiar with Illinois condominium law can help you understand how to pursue a claim under this provision.
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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