Westmont — Ch. 19 Condominium Conversions § 19-11

(a) No existing building, or part thereof, shall be submitted to the provisions of the Condominium Property Act nor shall an existing apartment or office unit be offered for sale or sold as a proposed condominium unit or occupied as a condominium unit without the prior issuance of a full or partial certificate of code compliance pursuant to this chapter.
(b) A developer intending to submit a property to the provisions of the Condominium Property Act and/or offering an existing apartment or office unit for sale as a proposed condominium unit shall file a written notice of intent to convert with the economic development department. The notice shall include a current survey of the property, the address, a description of the subject dwelling units, and the names and telephone numbers of existing occupants, current property owner, and developer. The developer shall provide other information regarding the condition of the proposed development as the director shall reasonably request in a timely manner. A code inspection of the property, including all projected condominium units and common elements and facilities, shall be scheduled by agreement between the developer and the director when the notice of intent to convert is received, but not less than 60 days prior to the anticipated conversion date. The inspection shall be made to determine the property's compliance with all applicable zoning, building and/or other life safety codes. The economic development department shall issue a written code inspection report after any inspection or re-inspection. The fee for each inspection or any re-inspection shall be $200.00 per proposed condominium unit.
(c) No certificate of code compliance shall be issued until:
(1) The subject property is in compliance with those Village Code provisions as set forth on the village's condominium conversion compliance schedule. The director shall establish a condominium conversion compliance schedule setting forth those zoning, building and life safety codes which must be complied with prior to converting an apartment or office building into a condominium building. Said condominium conversion compliance schedule shall be approved by the village board and made available to the public.
(2) a. The subject property has two and one-half parking spaces provided per condominium dwelling unit, or such total number of parking spaces as required by any variation, special use permit or planned development approval providing for a modified parking quantity.
b. Office condominium units provide parking in accordance with chapter 95 , section 10.06 (K) or such total number of parking spaces as required by any variation, special use permit, or planned development approval providing for a modified parking quantity.
c. The developer shall submit a plan to provide any required parking spaces not present on the property, together with any guarantees necessary to ensure its provision.
(3) That the subject property is in compliance with the Village of Westmont landscaping requirements unless said compliance would result in the loss of parking or the need to relocate or alter an existing building as determined by the director of economic development.
(d) The director may issue a partial certificate of code compliance as to individual condominium units and/or common elements and facilities that are in compliance with subsection (c) of this section. Any condominium unit and/or common elements and facilities issued a partial certificate of occupancy shall be deemed habitable. No partial certificate of code compliance shall be granted for a condominium unit until the common areas and elements have also been issued a partial certificate of code compliance.
(e) A developer shall be required to provide a prospective purchaser with a copy of any code inspection report, and any full or partial certificates of code compliance prior to the closing on a condominium unit sales contract. All condominium unit sales contracts shall contain the following provision:
"The Village of Westmont Condominium Ordinance requires that the condominium property and your unit be inspected for conformity with Village Codes. It also requires that the person contracting to purchase has the opportunity to review the code inspection report and the applicable code compliance certificate issued by the Village."
(f) Tenant consent for inspections:
(1) A tenant shall not unreasonably withhold consent for the developer or village to enter a unit in order to comply with or enforce the provisions of this chapter. Except in case of emergency, or unless otherwise provided in the lease, a tenant shall be given at least two days' notice by the developer of intent to enter. Unless the tenant consents, or the lease otherwise provides, a developer shall not undertake construction for conversion of a unit while it is occupied by a tenant, or create any unreasonable disruption of the common areas, including, but not limited to, restricting access thereto, or interfere with the quiet use and enjoyment of the premises.
(2) If consent is withheld in violation of this section, the village may seek an administrative search warrant from the circuit court for the limited purpose of enforcing this chapter.
(g) No certification or other approval shall issue if property is submitted to the provisions of the Condominium Property Act in violation of this chapter. No full or partial certificate of code compliance shall be issued unless all water bills and village liens outstanding with respect to any building, or any part thereof, subject to conversion are paid or adequate surety is provided.
(h) Issuance of certificates of code compliance:
(1) The issuance of a full or partial certificate of code compliance by the village shall not be deemed a finding that the village has in any way passed upon the merits or given approval to the condominium project. It shall be unlawful to make, or cause to be made, any representation contrary to the foregoing to a prospective purchaser.
(2) The following provision shall be reprinted on every full or partial certificate of code compliance issued by the village pursuant to this chapter:
"By virtue of the issuance of this certificate of code compliance, the Village of Westmont does not guarantee the condition of the subject property, or its suitability or fitness for the purpose for which it is being sold or transferred, and the Village of Westmont shall not be responsible or liable for any claims arising out of the condition of the property or any defects or deficiencies therein."