ยง514A-105 - Sale of residential apartments; developer requirements.
ยง514A-105ย Sale of residential apartments;
developer requirements.ย (a)ย The developer may go to sale using either a
chronological system or a lottery system at any time after issuance of an
effective date for a public report for which the effective date has not
expired.
(b)ย For a thirty-day period following the
initial date of sale of apartments in a condominium project, at least fifty per
cent of the apartments being sold shall be offered for sale only to prospective
owner-occupants; provided that notwithstanding this part, in the case of a
project that includes one or more existing structures being converted to
condominium status, each residential apartment contained in the project first
shall be offered for sale to any individual occupying the apartment immediately
prior to the conversion and who submits an owner-occupant affidavit and an
earnest money deposit in a reasonable amount designated by the developer.
(c)ย Each contract for the purchase of a
residential apartment by an owner-occupant may be conditioned upon the
purchaser obtaining adequate financing, or a commitment for adequate
financing.ย If the sales contract is canceled, the developer shall re-offer the
residential apartment first to prospective owner-occupants on the back-up
reservation list described in sections 514A-104 and 514A-105, in the order in
which the names appear on the reservation list; provided that the prospective
owner-occupant has not already executed a sales contract or reservation for a
residential apartment in the project.
(d)ย At any time, any prospective
owner-occupant on the back-up reservation list may be offered any residential
apartment in the project that has not been sold or set aside for sale to
prospective owner-occupants. [L 1980, c 189, pt of ยง2; am L 1985, c 164, ยงยง2,
5; am L 1992, c 50, pt of ยง2; am L 1993, c 217, ยง2; am L 1997, c 135, ยง16; am L
2000, c 210, ยง8]