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  • Apartment to Condominium Checklist

    Applicability

    Abbreviated review for conversions from existing, permitted apartments to condominiums.
    1. there is no increase in total number of units or livable area
    2. there are no other conditions from previous Board of Supervisor (or Board of Adjustment, Design Review Committee etc) action(s) that are in conflict with the change of use.
    If the existing apartments are not permitted or are proposing an increase in units or livable area, the conversion will be subject to chapter 18.69 of the Pima County Zoning Code and will not benefit from an abbreviated review.

    Abbreviated Review

    The applicant shall submit a final plat subject to all applicable items of the current Subdivision Review, Final Plat Requirements.

    Submittal Documents

    • ALTA survey
    • Final Plat
    • Copy of the Approved Development Plan

    Note

    The ALTA survey should indicate that the Final Plat is consistent with the approved Development Plan. If the ALTA survey reveals unpermitted changes to the Development Plan, then this abbreviated process may not be available as this indicates non-compliance (attend a SDRC meeting for further clarification).

    The final plat shall reflect and reference the approved Development Plan (any requirements from the Development Plan shall carry over to the final plat).

    If the existing apartments were permitted without an approved Development Plan, the ALTA is still required but the applicant shall also submit copies of all permits. The ALTA will then be attached and recorded with the Final Plat (if approved).

    In addition to the regular applicable items of the checklist, the applicant shall provide the following prior to approval of the Final Plat:

    1. Notice of Intent to Convert. The subdivider shall submit an affidavit stating that the subdivider has provided or will provide written notice of the subdivider's intent to convert to all tenants of units to be converted, beginning not less than one hundred twenty (120) days prior to the date on which the first unit is offered for sale, and will continue to provide such notice to prospective tenants until all units have been sold.
    2. Exclusive Right to Purchase. The subdivider shall submit an affidavit stating that the subdivider will provide existing tenants an exclusive right to purchase the unit the tenant leases at a price which is not more than the price at which the subdivider intends to offer the unit to the general public for a period of not less than sixty (60) days from the date a tenant's unit is offered for sale.
    3. Statement of Availability of Other Rental Units. The subdivider shall submit an affidavit that the subdivider will provide to each tenant, who has indicated to the subdivider his/her intention not to exercise his/her right to purchase, a written statement listing at least three (3) rental units unique to that tenant of comparable size and price to the unit occupied by the tenant.
    4. Relocation Payments. The subdivider shall submit an affidavit stating that the subdivider will provide to tenants a relocation payment of three hundred fifty dollars ($350.00) per residential unit to be paid prior to termination of the tenant's occupancy, including written notice of the availability of such payment prior to termination, provided that:
    5. Housing Code Compliance. The subdivider shall submit an affidavit stating that the units to be converted meet the applicable standards current Pima County Building Code requirements.

    Disclosure Requirements 

    Any subdivider who files a final plat for a condominium, whether for the purpose of new development or the subdivision of an existing development, shall submit a copy of a report on the physical condition of all buildings, structures, and other improvements to the property to be subdivided prior to approval of a final plat by the Board of Supervisors. This report shall be provided by the subdivider to all prospective purchasers of units prior to execution of a binding contract of purchase. The report shall contain the following.
      
    1. A statement of the estimated fees or assessments, if any, that the purchaser of a unit will pay, on a monthly and yearly basis, for at least a two (2) year period following purchase.
    2. A report from a licensed pest control operator on each building or structure and each unit within the building or structure.
    3. A statement of the unit's average monthly utility costs based on the preceding twelve (12) month period, where the subdivider has access to such utility cost data.
    4. A report describing, to the best knowledge or estimate of the subdivider, the physical condition of elements of the structure, equipment, or appliances in a unit, the repair or replacement of which will be the responsibility of the purchaser. The report shall state the approximate date on which the element, equipment, or appliance was originally constructed or installed; the approximate date on which it was subsequently replaced or will likely require replacement; and the current estimated cost of replacement. This report shall not be construed to create any warranties, express or implied.
    ARS 33-1205 Applicability of local ordinances, rules and building codes
    A. A zoning, subdivision or building code or other real estate use law, ordinance or rule shall not prohibit a condominium form of ownership or impose any requirement on a condominium which it would not impose on a physically identical development under a different form of ownership.
    B. Except as provided in subsection A, this chapter does not invalidate or modify any provision of any zoning, subdivision or building code or other real estate use law, ordinance or rule.”