Village of Marlborough, MO Chapter 515 Condominiums

Section 515.010 General Provisions.

[Ord. No. 03-396 §1, 12-10-2003]

A. Purpose. The general purpose of this Chapter is to protect the public health, safety, comfort and the general welfare of the people of the Village of Marlborough. These general objectives include, among others, the following specific purposes:

1. To ensure that all multiple-family condominium dwellings within the Village meet the existing codes of the Village and St. Louis County.

2. To provide prospective owners of condominium units access to information regarding condominium ownership and the unit owners' responsibilities for the continuing maintenance of the condominium property.

3. To provide to the residents of rental units designated for conversion to condominium property a reasonable time period during which to make their future housing decisions.

4. To minimize the stress upon the rental housing market within the Village occasioned by the need of residents of rental units designated for conversion to condominium property to find alternative rental housing.

5. To encourage generally the maintenance and improvement of the quality of housing within the Village of Marlborough.

B. Severability. If any provision of this Chapter or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or application of this Chapter which can be given effect without the invalid provision or application.

C. Applicability. This Chapter applies to all multiple-family dwellings located within the Village of Marlborough which are to be developed as new or conversion condominiums.

D. Definitions. As used in this Chapter, the following terms shall have these prescribed meanings:

ASSOCIATION

The association of all of the unit owners acting pursuant to bylaws through its duly elected Board of Managers.

COMMON AREAS

All portions of the property except the units.

CONDOMINIUM

All land, property and space comprising the parcel or parcels, all improvements and structures erected, constructed or contained therein or thereon, including the building and all easements, rights and appurtenances belonging thereto and all fixtures and equipment intended for the mutual use, benefit or enjoyment of the unit owners, subject to the provisions of Chapter 448, RSMo., (the Missouri Condominium-Property Act) and to this Chapter.

CONDOMINIUM INSTRUMENTS

All documents and authorized amendments including, but not limited to, the declaration, bylaws, plats and condominium disclosure statement which are required to be filed pursuant to the provisions of this Chapter.

CONVERSION CONDOMINIUM

A building that at any time before creation of the condominium was occupied wholly or partially by persons other than purchasers and persons who occupy with the consent of purchasers.

DECLARANT

Any person, or group of persons acting in concert, who

1. As part of a common promotional plan, offers to dispose of his/her or its interest in a unit not previously disposed of, or

2. Reserves or succeeds to any special declarant right.

DECLARATION

The instrument as defined in Chapter 448, RSMo., by which property is submitted to the provisions of that Chapter.

FILING

The complete submission of all documents required by Section 515.030(A)(1) and Section 515.040(A)(1)(d) with a stamped date of filing contained thereon.

MULTIPLE-FAMILY DWELLING

A building or portion thereof used or designed as a residence for two (2) or more families living independently of each other and doing their own cooking in said building, including apartments and apartment hotels.

OFFERING

Any advertisement, publication, announcement, solicitation or inducement, either written or verbal, by a declarant to promote the purchase of a condominium unit or prospective condominium unit.

PERSON

A natural individual, corporation, partnership, trustee or other legal entity capable of holding title to real property.

UNIT

A part of the condominium property, including one (1) or more rooms, occupying one (1) or more floors or a part of parts thereof designed and intended for any type of independent use and having lawful access to a public way.

Where not otherwise defined, terms used in this Chapter shall have the meaning of those terms as defined in the Missouri Condominium Property Act (Chapter 448, RSMo.).

Section 515.020 Applicability To Condominium Property.

[Ord. No. 03-396 §2, 12-10-2003]

A. All condominiums approved under this Chapter must conform to the Zoning Ordinance.

B. All condominiums approved under this Chapter must meet the requirements of the Village Building Code and those of St. Louis County prior to being approved for occupancy.

C. All condominium units must meet the requirements of both at the time of initial occupancy and upon each subsequent occupancy whether by sale or lease.

Section 515.030 Requirements For New Construction Condominiums.

[Ord. No. 03-396 §3, 12-10-2003]

A. Procedures For Approval Of Condominium Property.

1. Filing and receipt of the condominium instruments. Any person seeking to submit property situated within the Village of Marlborough to the provisions of Chapter 448, RSMo., must file the condominium instruments, including the plat and condominium disclosure statement as herein described, with the Village Clerk or his/her designee who shall stamp the date of filing upon said documents and append the following signed statement to the first (1st) page of the condominium disclosure statement:

"ON THIS DATE THE VILLAGE OF MARLBOROUGH RECEIVED ALL THE CONDOMINIUM INSTRUMENTS REQUIRED TO BE FILED UNDER THE PROVISIONS OF THE COMPREHENSIVE CONDOMINIUM ORDINANCE. THE VILLAGE HAS UNDERTAKEN NO INVESTIGATION TO VERIFY THE INFORMATION CONTAINED IN THESE DOCUMENTS, DOES NOT WARRANT THE ACCURACY OF THE INFORMATION CONTAINED THEREIN AND ASSUMES NO RESPONSIBILITY FOR THE DECLARANT'S ACTIONS OR FAILURE TO ACT."

2. Review and submission of the condominium instruments. Upon verification by the Village Clerk that the condominium instruments are complete, the Village shall review the condominium plat and approve, approve with conditions or disapprove the condominium subdivision.

3. Recordation. With approval by ordinance of the condominium subdivision and signing of the plat by the Village Clerk, the declarant may submit the plat to the St. Louis County Recorder of Deeds for recordation and shall file with the Village an exact copy of all condominium instruments recorded with St. Louis County Recorder of Deeds within ten (10) days after recording.

B. Condominium Disclosure Statement.

1. The condominium disclosure statement shall disclose fully and accurately the characteristics of the condominium and the units therein and all unusual and material circumstances and features affecting the condominium. The statement will be used by the Village during its review procedures and will be available to the general public and potential purchases of the condominium units. It shall include the following:

a. The name and principal address of the declarant and the condominium.

b. A general description of the condominium, including the number and types of units, the anticipated asking price of each type of unit, any restrictions on use and occupancy of the units, floor plans, the arrangements for off-street parking, and the proportion of units that the declarant intends to rent or to market to investors.

c. Copies of the declaration, the bylaws, rules and regulations and any contracts and leases required to be signed by purchasers with a brief narrative description of each document.

d. A projected budget of the association for one (1) year after the date of the first (1st) conveyance to a purchaser and two (2) additional one (1) year projected budgets, a statement of who prepared each of the budgets and a statement of the budget's assumptions concerning occupancy and inflation factors. The budget must include all projections that apply:

(1) Operating costs.

(2) Management costs.

(3) Reserve costs.

e. Any current or expected fee to be paid by unit owners for the use of the common areas and other facilities related to the condominium.

2. The condominium disclosure statement shall not be distributed or used for any promotional purposes before filing of the condominium instruments with the Village of Marlborough and afterwards shall be used only in its entirety, including the signed statement of the Village appended to its first (1st) page as required by Section 515.030(A)(1).

3. A copy of the condominium disclosure statement must be available for public inspection in the sales office of the declarant and a copy shall be provided to all purchasers prior to their signing a binding sales agreement.

4. The Village may require the declarant to amend the proposed condominium disclosure statement in order to assure full compliance with the provisions of this Chapter. No material change in the development of the condominium instruments may be made after filing without notifying the Village and making appropriate amendments to the condominium disclosure statement.

Section 515.040 Requirements For Conversion Condominiums.

[Ord. No. 03-396 §4, 12-10-2003]

A. Procedures For Approval Of A Conversion Condominium.

1. Filing and receipt of the condominium instruments. Any person seeking to submit existing residential multiple-family property within the Village of Marlborough to the provisions of Chapter 448, RSMo., must file the following:

a. The condominium instruments, including the plat and condominium disclosure statement, as hereinafter described in Section 515.040(A)(1)(d).

b. A report prepared by an independent, State of Missouri licensed architect or engineer describing the items specified in Section 515.040(A)(3).

c. An affidavit that the notice to tenants requirements of Section 515.050 have been complied with.

d. A filing fee of five hundred dollars ($500.00) with the Village Clerk or his/her designee who shall stamp the date of filing upon such documents and append the following signed statement to the first (1st) page of the condominium disclosure statement:

"ON THIS DATE THE VILLAGE OF MARLBOROUGH RECEIVED ALL THE CONDOMINIUM INSTRUMENTS REQUIRED TO BE FILED UNDER THE PROVISIONS OF THE COMPREHENSIVE CONDOMINIUM ORDINANCE. THE VILLAGE HAS UNDERTAKEN NO INVESTIGATION TO VERIFY THE INFORMATION CONTAINED IN THESE DOCUMENTS, DOES NOT WARRANT THE ACCURACY OF THE INFORMATION CONTAINED THEREIN AND ASSUMES NO RESPONSIBILITY FOR THE DECLARANT ACTIONS OR FAILURE TO ACT."

2. Condominium Code assessment report. Within sixty (60) days after the receipt by the Village of the affidavit of compliance with the notice to tenants' requirements of Section 515.050 and upon payment of the application fee set forth in Section 515.040(A)(1)(d) above, a Condominium Code assessment report shall be prepared by the Village/County listing violations of all applicable codes existing as of that date.

3. Filing of statement of needed corrections. Where the Village determines in its Condominium Code assessment report that the subject property is not in compliance with all applicable building, zoning and housing codes, the declarant shall also file:

a. A verified statement showing the estimated cost and time of completion of the work necessary to correct each code violation on said report and source of said estimate.

b. Satisfactory evidence of sufficient funds to cover all of the costs in Subsection (A) above without the use of any purchaser's funds.

4. Review and submission of the condominium instruments. Upon verification by the Village Clerk that the condominium instruments are complete, the Village shall review the condominium plat and approve, approve with conditions or disapprove the condominium subdivision.

5. Recordation. With approval by ordinance of the condominium subdivision and signing of the plat by the Village Clerk, the declarant may submit the plat to the St. Louis County Recorder of Deeds of recordation and shall file with the Village an exact copy of all condominium instruments recorded with the St. Louis County Recorder of Deeds within ten (10) days after recording.

B. Condominium Disclosure Statement.

1. The condominium disclosure statement shall disclose fully and accurately the characteristics of the condominium and the units therein and all unusual and material circumstances and features affecting the condominium. The statement will be used by the Village during its review procedures and will be available to the general public and potential purchasers of the condominium units. It shall include the following:

a. The name and principal address of the declarant and the condominium.

b. A general description of the condominium, including the number and types of units, the asking price of each type of unit, any restrictions on use and occupancy of the units, floor plans, the arrangements for off-street parking, and the proportion of units that the declarant intends to rent or to market to investors.

c. Copies of the declaration, the bylaws, the rules and regulations and any contracts and leases to be signed by purchasers at closing, with a brief narrative description of each document.

d. A projected budget of the association for one (1) year after the date of the first (1st) conveyance to a purchaser and two (2) additional one (1) year projected budgets, a statement of who prepared each of the budgets, and a statement of the budget's assumptions concerning occupancy and inflation factors. The budget must include all projections that apply:

(1) Operating costs.

(2) Management costs.

(3) Reserve costs.

e. A statement of the declarant providing notification that a report prepared by an independent, licensed by the State of Missouri, architect or engineer is on file with the Village, which describes the present conditions of all structural components and major mechanical systems and the expected useful life of each such item and system.

f. A copy of the Condominium Code assessment report prepared by the Village/County.

g. Any current or expected fee to be paid by unit owners for the use of the common areas and other facilities related to the condominium.

2. The condominium disclosure statement shall not be distributed or used for any promotional purposes before filing of the condominium instruments with the Village of Marlborough and afterwards shall be used only in its entirety, including the signed statement of the Village appended to its first (1st) page as required in Section 515.040 (A)(1)(d).

3. A copy of the condominium disclosure statement must be available for public inspection in the sales office of the declarant and a copy shall be provided to all purchasers prior to their signing a binding sales agreement.

4. The Village may require the declarant to amend the proposed condominium disclosure statement in order to assure full compliance with the provisions of this Chapter. No material change in the development of the condominium instruments may be made after filing without notifying the Village and making appropriate amendments to the condominium disclosure statement.

Section 515.050 Protection of Tenants.

[Ord. No. 03-396 §5, 12-10-2003]

A. Notice Requirements.

1. A declarant of a conversion condominium shall give each of the tenants in possession of units subject to this Chapter notice of intent to convert no less than one hundred eighty (180) days prior to requiring the tenant to vacate. The notice shall be filed with the Village as provided in Section 515.030 (A).

2. The notice of intent must set forth the rights of tenants under this Chapter and must include this Section of this Chapter as an attachment. Such notice shall be hand delivered or sent by certified mail.

3. No tenant may be required by the declarant to vacate upon less than one hundred eighty (180) days' notice, except by reason of non-payment of rent, conduct that disturbs other tenants' peaceful enjoyment of the premises or other substantial violations of the terms of the rental agreement.

4. Nothing in this Section permits termination of a lease by a declarant in violation of its terms.

5. Any tenant under a lease entered into subsequent to the effective date of this Chapter who receives a notice of intent to convert shall at any time after receipt of the notice have the right to terminate the lease with sixty (60) days' written notice to the landlord. Such termination shall be without penalty or other termination charge to the tenant. By delivering the notice of termination to the landlord, the tenant waives the right to purchase the unit under Subsection (B).

6. Those tenants under a lease entered into subsequent to the effective date of this Chapter who within thirty (30) days of signing a lease, whether or not they have moved into the unit, receive notice of the intent to convert shall have fifteen (15) days' from receipt of that notice to serve an immediate fifteen (15) days' notice of their intent to vacate or not to honor said lease. There shall be no penalties assessed against tenants who void their lease pursuant to this Section. Failure of said tenant to utilize this fifteen (15) days' notice right is not a waiver of his/her rights to give sixty (60) days' notice as set forth in Subsection (A)(5) above.

7. Failure of a declarant to give notice as required by the above Subsection is a defense to an action for possession, unless the tenant knowingly avoids receiving or delivery of said notice of intent.

B. Tenant's Right To Purchase.

1. Following delivery to the tenant of the notice of intent to convert, the declarant shall offer the tenant the right to purchase his/her unit. This offer shall be held open until tenant acceptance or refusal but in no event longer than sixty (60) days. Refusal of declarant's offer or inaction by the tenant during the sixty (60) day period shall constitute a waiver of the tenant's right of first (1st) purchase. The offer to sell to the tenant shall be at no higher than the then published offering price and shall be accompanied by the condominium instruments to be filed with the Village.

2. Subsection (B)(1) does not apply to any unit in a conversion condominium if the boundaries of the converted unit do not substantially conform to the dimensions of the unit before conversion; however, where it is available, another unit similar to the preconversion dwelling must be offered to the affected tenant.

Section 515.060 Penalties For Violation.

[Ord. No. 03-396 §6, 12-10-2003]

Any person who shall violate any provision of this Chapter shall upon conviction be punished by a fine of not less than ten dollars ($10.00) and not more than one hundred dollars ($100.00), but if the offense be willful, the punishment shall be a fine of not less than ten dollars ($10.00) and not more than five hundred dollars ($500.00) for each and every day that such violation shall continue or by imprisonment of ten (10) days for each and every day the violation shall continue or by both such fine and imprisonment in the discretion of the court.