CONDOMINIUM CONVERSION ORDINANCE
Town of Kennebunkport
1.0 Title
This Ordinance shall be known and may be cited as “Condominium Conversion Ordinance of the Town of Kennebunkport.”
2.0 Purpose
The purpose of this Ordinance is to protect the public health, safety, and welfare by regulating proposed condominium conversions in Kennebunkport to protect the public from fraud or duress and to ensure compliance of such proposed condominium conversions with all applicable laws, regulations and ordinances.
3.0 Authority
Authority to enact is found generally under Maine Home Rule authority and 33 M.R.S.A. Section 1604-111(f).
4.0 Permit Required
As of date of passage, any existing structure or property which is converted to condominium ownership in accordance with the provisions of the Maine Condominium Act, Title 33, Chapter 31, regardless of whether or not there is any proposed change in use or any proposed physical change in the structure or property, shall be required to obtain a condominium conversion permit from the Code Enforcement Officer.
5.0 Procedure and Fees
The Code Enforcement Officer, with the assistance of the Town Attorney, the Town’s planning consultant and/ or other independent consultant or expert as necessary, shall review the proposed condominium declaration and any drawings or supporting documents, and shall only approve the condominium conversion permit upon finding that the declaration is worded in a way that will ensure that the prospective condominium owner will be thoroughly informed of the permitted use of their property and any restrictions placed upon its use by the Town’s Land Use Ordinance, Subdivision Regulations, Planning Board conditions of approval, or other applicable Town Codes or Town license restrictions.
The permit application fee for a condominium conversion permit shall be $250.00 per condominium unit. In addition, the applicant shall pay a fee of $1,500.00 to be deposited in a special account designated for that condominium conversion permit application to be used by the Code Enforcement Officer for hiring independent consulting services to review the application. If the balance in this special account is drawn down by 75%, the Code Enforcement Officer shall notify the applicant and require that an additional $750.00 be deposited by the applicant. The Code Enforcement Officer shall continue to notify the applicant and require an additional $750.00 be deposited as necessary whenever the balance of the account is drawn down by 75% of the original deposit. Any balance in the account remaining after a decision on the
condominium conversion permit application by the Code Enforcement Officer shall be returned to the applicant.
6.0 Violations
Filing of a condominium declaration converting an existing structure or property to condominium ownership prior to obtaining a condominium conversion permit shall be considered a violation of this Ordinance. In addition to any court ordered injunctive relief, violation of this Ordinance shall be deemed a land use violation for which fines and attorneys’ fees shall be allowed under 30-A M.R.S.A. Section 4452.
Adopted June 13, 2006
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