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1980_0721_packet
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1980_0721_packet
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Mr, James F. Andre <br />Page 2 <br />July 16, 1980 <br />different form of ownership. Otherwise, no provision <br />of S515A.1 -101 to 5515A.4-117 invalidates or modifies <br />any provision of any zoning, subdivision, bu.i lding <br />code, or other real estate use law, ordinance, charter <br />provision, or regulation "; <br />Subsection (b) { referred to in subsection (a), quoted above, relates <br />to financing through public housing financing prograits . <br />Subsection (c) , gives a municipality authority to prohibit condominium ' <br />conversion or impose reasonable conditions upon the conversion o.f apart - <br />ments to condominiums only if there is a significant shortage of suitable <br />rental dwellings available to low and moderate income individuals or <br />families in the City or to- establish or maintain the City's eligibility <br />for any federal or state dousing assistance program* Prior to adoption <br />of any such ordinance, the City would be required to hold a public <br />hearing. <br />The statute, referred to above, gives the City the following authori t <br />in the regulation of condominiums: <br />1, It may by a zoning, subdivision or building code, <br />regulate condominium land use and building con- <br />s truc ti on , so long as the ordinance applies to <br />similar development under a different form of <br />ownership, I interprets that to mean that an <br />ordinance regulating land use or building con- <br />struction for condominiums must also apply to <br />multi - family housing, such as apartments, town <br />houses or duplexes* <br />2. If the City conducts a public hearing and makes <br />a finding, based upon adequate evidence taken, <br />that there is a shortage of suitable rental <br />dwellings for low and moderate income fami lies , <br />it may, by ordinance, regulate condominium con- <br />version, or in some cases prohibit it all to- <br />gether. <br />In the new condominium law, there is no requirement for the filing of <br />condominium floor p 1 ans , by-laws, and declarations with the City as was <br />required under the old statute, I believe that the City may, by <br />ordinance require such a filing, but there is no authority in the statute <br />for the City to disapprove the declaration or by-laws as was found in <br />the old statute. Any such filing would be strictly informational <br />The remainder of the Uniform Condominium Act deals with matters such <br />as the contents of the condominium declaration, requirements for <br />
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