[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.
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.
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.
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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.).
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[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.
[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:
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.
[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:
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.
[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.
[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.