Article 3 — Tenant Notice

Condominium conversion project tenants shall be provided the notices required by this chapter and Sections 2.40.250 and 16.20.060. (CCCC§ 926-10.202)

A notice of intent to convert shall be delivered to each tenant pursuant to Section 66452.9 of the Government Code. Evidence of receipt by each tenant of the notice at least sixty (60) days prior to filing the application to convert shall be provided to the Community Development Department. The form of the notice shall be as approved by the Community Development Department and contain the following additional information: A. Name and address of current owner; B. Name and address of the proposed subdivider; C. Date on which the tentative map application is expected to be filed; D. Approximate date on which the final map or parcel map is expected to be filed; E. Approximate date on which the unit is to be vacated by non-purchasing tenants;

F. Tenant's right to purchase; G. Tenant's right of notification to vacate; H. Tenant's right of termination of lease; I. Statement of rent increase limitation; J. Provision for special cases; and K. Provision of moving expenses. (CCCC§ 926-10.204)

Beginning at a date not less than sixty (60) days prior to the filing of the tentative map, the subdivider or his or her agent shall give notice of such filing in the form outlined in Government Code Section 66452.8 (b) to each person applying after such date for rental of a unit prior to acceptance of any rent or deposit. If the subdivider or his or her agent fails to give notice pursuant to this section, the subdivider shall pay to each prospective tenant who becomes a tenant and who was entitled to such notice and who does not purchase his or her unit an amount equal to three times the monthly rent for moving expenses. This moving expense payment shall not be cumulative with payments specified in Section 16.84.380(B). (CCCC§ 926-10.206)

Pursuant to Government Code Section 66427.1 (d), any present tenant shall be given notice of an exclusive right to contract for the purchase of his or her respective unit or, at the tenant's request, any other vacated unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. (CCCC§ 926-10.208)

Pursuant to Government Code Section 66427.1 (c), each tenant not in default under the obligations of the rental agreement or lease under which he occupies his unit shall be given one hundred eighty (180) days'

written notice of intention to convert his or her unit prior to termination of tenancy due to the conversion or proposed conversion. Evidence of receipt by each tenant shall be submitted to the Community Development Department prior to filing of the final map. The written notices to tenants required by this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail. (CCCC§ 926-10.210)

As provided in Government Code Section 66452.3, any report or recommendation on a tentative map by the Community Development Director shall be sent to the subdivider and to each tenant at least three days prior to public hearing on the map. (CCCC§ 926-10.211)

Pursuant to Government Code Section 66427.1 (b), each tenant shall receive written notification within ten days of approval of a final map for the proposed conversion. The written notices to tenants required by this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail. (CCCC§ 926-10.212)

The applicant shall provide to all tenants, prior to filing of a final or parcel map, and thereafter to all prospective purchasers, a document which shall contain the following: A. A copy of the final subdivision conditions of approval; B. For each buyer a one-year warranty on all appliances, heating and air-conditioning for each unit and for the homeowners association a five-year warranty or acceptable alternative, on all structures in the project and all electrical, plumbing, roofing, elevators, and exterior finish; C. A statement of proposed improvements and repairs to be made by the subdivider; D. A copy of the Building Inspector's pre-conversion inspection report and the physical elements report; E. A pest control report; F.

An energy audit with recommendation on how prospective purchasers may improve the energy efficiency of the unit(s) offered for sale; G. A copy of a summary of the acoustical engineer's analysis in lay language explaining the noise attenuation characteristics of all common walls and ceiling separations; H. A copy of the proposed budget for maintenance and operation of common facilities, plus reserve, including the estimated monthly costs to the owner of each unit, projected over a five-year period. Such budget shall be reviewed or prepared by a professional management firm familiar with costs of similar properties, or by other qualified professionals, and that firm or persons shall provide a statement of recommendations on the budget with a statement of professional qualification; I. A statement of any other information that the Community Development Director reasonably determines should be furnished to a prospective purchaser to enable him or her to make an informed decision regarding the purchase of a unit in the project. (CCCC§ 926-10.214)