[Adopted 7-10-1987 by Ord. No. 787-3;
amended 8-14-1987 by Ord. No. 887-1]
The purpose of this article is to establish minimum standards applicable
to conversion of apartment buildings to condominiums.
It is hereby determined and declared as a matter of legislative finding
that:
A. The recent development in the City of Rehoboth Beach
of a phenomenon identified as the conversion of existing apartment buildings
and the rental units therein to condominiums and condominium units has had
a substantial impact upon the City of Rehoboth Beach and its residents.
B. Condominium conversions have placed additional burdens
on existing City Tax and Water Departments in that multiple owners must be
identified and assessed for taxes and municipal services.
C. For the purposes of this article and as provided by the Unit Property Act, Delaware Code Annotated, Title 25, Chapter
22, this Council finds that a condominium exists and a property obtains that status in law as of the date of the recording with the Recorder of Deeds in and for Sussex County of the developers "declaration" as defined in Delaware Code Annotated, Title 25, Chapter
22.
D. The provisions of this article are necessary in order
to establish minimum regulations for conversions of apartment buildings to
condominiums in the City of Rehoboth Beach and to best ensure and protect
the rights and obligations of owners, developers, tenants and other purchasers,
as well as the public health, safety and welfare of the citizens of Rehoboth
Beach.
As used in this article, the following terms shall have the meanings
indicated:
APARTMENT BUILDING
Any existing structure or group of structures containing two or more
dwelling units for the purpose of multifamily occupancy.
COMMON ELEMENTS
Shall be defined as those words are defined in Delaware Code Annotated, Title 25, Chapter
22, § 2202.
CONDOMINIUM
A building or complex of buildings governed by the provisions of the Unit Property Act, Delaware Code Annotated, Title 25, Chapter
22.
CONDOMINIUM UNIT
A single unit, as defined in the Unit Property Act, Delaware Code Annotated, Title 25, Chapter
22, in a condominium used for residential, commercial or other lawful uses.
CONVERSION
The change of units into condominium units resulting from the filing for recording with the Recorder of Deeds in and for Sussex County of a declaration pursuant to the Unit Property Act, Delaware Code Annotated, Title 25, Chapter
22.
DECLARATION
Shall be defined as that word is defined in Delaware Code Annotated, Title 25, Chapter
22, as amended, presently defined as "the instrument by which the owner in fee simple or lessee of the property submits it to the provisions of this chapter as hereinafter provided and all amendments thereof" (Delaware Code Annotated, Title 25, Chapter
22, § 2202), and containing the contents required by Delaware Code Annotated, Title 25, Chapter
22, § 2219.
DECLARATION PLAN
Shall be defined as that term as defined in Delaware Code Annotated, Title 25, Chapter
22, § 2202.
DEVELOPER
Any person who undertakes the conversion of an apartment building
to a condominium.
OFFER OF SALE TO THE PUBLIC
Any advertisement, inducement, solicitation or attempt by a developer
to encourage any person to purchase a condominium unit.
PERSON
Any individual, corporation, partnership, association, trustee or
other legal entity.
RECORDED
That an instrument has been duly entered of record in the office
of the Recorder of Deeds, in and for Sussex County.
RECORDER
The Recorder of Deeds for Sussex County.
UNLAWFUL PRACTICE
The violation of, failure to comply with or attempt to avoid the
application of the provisions of this article.
The Building Inspector is authorized to conduct all necessary investigations
and, if there appears to be any unlawful practice, undertake one of the following:
A. Attempt to conciliate the matter and to secure a written
conciliation agreement with the developer; or
B. Initiate criminal prosecution proceedings.
A person who commits an unlawful practice under this article shall,
upon conviction, be fined a sum not to exceed $500 for each offense. Each
day's unlawful practice shall constitute a separate offense.