Part 6. Condominium Conversions
20.52.200 Requirements.
The following regulations shall apply to condominium conversions where they are permitted by a conditional use permit:
A. Conversion Standards. The provisions of this section shall be applicable only where existing residential structures are converted to condominium ownership, as said term is defined by applicable state law.
1. Whether or not a proposed project includes the enlargement of existing dwelling units or structures and/or the construction of additional dwelling units or structures, the entire project will be deemed a new development subject to the development standards set forth in Chapter 20.16 CMC (High Density Residential) and Chapter 20.28 CMC (Mixed-Use Zones), to include open space, setbacks, parking, height, density, and lot coverage requirements.
2. Notwithstanding subsection (A)(1) of this section, if a proposed project would retain the existing dwelling units without significant modification, except for those required to meet applicable health and safety standards, and the existing residents of two-thirds of the dwelling units in the project would become individual owners of those dwelling units upon conversion, then the project shall not be deemed a new development and shall be exempted from compliance with the development standards set forth in Chapter 20.16 CMC (High Density Residential) and Chapter 20.28 CMC (Mixed-Use Zones). However, dwellings subject to this section shall be retrofitted with automatic fire sprinklers, subject to approval by the Fire Marshal.
B. CC&Rs. Every condominium project shall provide conditions, covenants, and restrictions (CC&Rs) to assure the proper appearance and maintenance of the condominium. Such CC&Rs shall be submitted for review and approval by the city attorney. A fee must be paid for city attorney review as established by the city council.
C. Public Report. A copy of the State Real Estate Commissioner’s public report shall be furnished to all potential purchasers of condominium dwelling units. A copy of the receipt for such report, signed by the purchaser, shall be submitted, along with a copy of the public report, to the director of community development.
D. Homeowners’ Association. The project applicant must be responsible for establishing a homeowners’ association committee and must hire a condominium property management consultant to meet with the committee a minimum of one meeting every three months within a year to explain the purpose and responsibility of the homeowners’ association. A representative of the city must be present during the first three meetings.
E. Startup Fund. The applicant must establish a startup fund for the association, which shall be $200.00 per condominium unit or not less than $2,000, whichever is greater. The startup fund cannot be used for complying with subsection (D) of this section.
F. Utilities. Utility equipment to include and not be limited to electricity, cable, and telephone equipment must be placed underground.
G. Sewer and Water. Each condominium dwelling unit shall have its separate sewer and water lines.
H. Building Code and Fire Code Compliance. Each condominium dwelling unit shall be upgraded to resolve any building code and fire code deficiencies as determined by the building official and/or fire department. (Ord. 690 § 4 (Exh. A), 2018).