Unless a contrary meaning is clearly indicated
from the context, the following definitions shall apply in this chapter:
APARTMENT BUILDING
Any existing structure or group of structures containing
three or more dwelling units for the purpose of multifamily occupancy.
COMMON ELEMENTS
Shall be defined as those words are defined in 25 Del. C.
§ 2202.
CONDOMINIUM
A building or complex of buildings governed by the provisions
of the Unit Property Act, 25 Delaware Code, Chapter 22.
CONDOMINIUM UNIT
A single unit as defined in the Unit Property Act, 25 Delaware
Code, Chapter 22.
CONVERSION
The change of rental units into condominium units resulting
from the filing for recording with the Recorder of Deeds in New Castle
County of a declaration pursuant to the Unit Property Act.
DECLARATION
Shall be defined as that word is defined in 25 Del. C. § 2202,
and shall contain the contents required by 25 Del. C. § 2219.
DEVELOPER
Any person, group of persons, corporation, partnership, association,
trustee or other legal entity who undertakes the conversion of an
apartment building to a condominium.
DWELLING UNIT
Any room or group of rooms located within a dwelling and
forming a single habitable unit with facilities which are used or
intended to be used for living, sleeping, cooking and eating.
ENGINEER'S REPORT
The report of a duly registered engineer licensed in this
state stating the present condition of all structural and major utility
installations in the condominium, to include the type of construction
or utility installation, the age, approximate remaining useful life,
and approximate present replacement costs of all elements or components
that need replacement, including roofs, electrical wiring, plumbing,
water heaters, heating systems and units, and air-conditioning systems
and units. The engineer's report may be supplemented by reports of
duly licensed professional architects, with respect to structural
elements, such as foundations, bearing walls, perimeter walls and
floors. The present costs of remedying any structural deficiencies
found shall be stated.
HANDICAPPED
Shall be defined as that term is defined in federal legislation
prohibiting discrimination against the handicapped, the Rehabilitation
Act of 1973, as amended.
OFFER OF SALE TO THE PUBLIC
Any advertisement, inducement, solicitation or attempt by
a developer to encourage any person, other than a tenant, 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 for New Castle County.
RECORDER
The Recorder of Deeds for New Castle County.
TENANT
Any person entitled to occupy a dwelling unit primarily for
purposes of habitation under a lease or rental agreement, written
or oral.
UNLAWFUL PRACTICE
The violation of, failure to comply with or attempt to avoid
the application of the provisions of this chapter.
VACANCY LISTING
The published identification of name and location or locations
of a substantial number of large apartment complexes within New Castle
County, and the comprehensive compilation of the total number of dwelling
units in said apartment complexes which are vacant and available for
occupancy and which are comparable in rental prices to what the existing
tenants are paying at the time of the recording of the developer's
declaration with the Recorder.
A developer shall provide the following information
to prospective purchasers at least seven days before any agreement
of sale is signed:
A. A copy of the inspection reports required by §
83-8C(2).
B. A copy of all documents filed pursuant to the Unit
Property Act, 25 Delaware Code, Chapter 22.
C. An itemization of specific repairs and improvements
made to the building and to the unit during the six months preceding
the recording of the declaration.
D. An itemization of specific repairs and improvements
to be completed.
The Code Enforcement Officer of the Town of
Elsmere is authorized to conduct all necessary investigations, and,
if there appears to be any unlawful practice, the Code Enforcement
Officer shall undertake one or both of the following:
A. Attempt to arbitrate the matter and to secure a written
conciliation agreement with the developer; or
B. Initiate appropriate court action.
Any person who has been the object of an unlawful
practice under this chapter may file a complaint with the Code Enforcement
Officer.
Any person who has been the object of an unlawful
practice as defined in this chapter or any purchaser in a contract
which may be voided under this chapter may rely on the provisions
of this chapter to institute civil proceedings against the developer
to secure compliance with this chapter.