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18866 <br />~:a~.. Warrant ~ E.xecut~.~n b~ the developer of a <br />warranty in favor of the unit owner association, pur- <br />chasers of all condominiu~ units, and any remaining <br />tenants in the building, covering and warrantin the <br />g <br />materials, workmanship, operation, construction, and <br />condition of each coon element and components there- <br />of in the building to be converted for two years from <br />the date of con~reyance or sale of the first unit or <br />share a;n the building sold to a condominium or coopera- <br />ti~re unit purchaser, No common element or component <br />thereof need be warranted if i,t .is certified in the <br />engineer architect's report as having an ex ected use- <br />p <br />f u1 life of greater than 34 years or the ~ remainin use- <br />g <br />ful life of the building, whichever is the smaller. <br />The developer shall provide his own warrant whether or <br />not an manufac ur ~ y y <br />y t er s warranty currently exists. For <br />the purposes of this subsection, no unit shall be <br />deemed conveyed unless conveyed to a bona fide urchaser. <br />p <br />No action to enforce the warranty created by this sub- . <br />section may be brought after one year from the date <br />such warranty period has expired except for structural <br />defects which occurred during the warranty period which <br />were latent and undetected in fact; and in the event <br />of such latent defects, no action shall be brought after <br />six months from the date such defect is detected, <br />1. Compliance with warranty. To insure com- <br />pliance with the warranty set forth in this section, <br />the developer shall set up escrows for other <br />securities or execute a band, acceptable to the <br />city, pursuant to administrative rules romul ated <br />p g <br />under this code. Any such escrows or securities <br />shall revert to the sole control of the developer <br />at the expiration of the warranty period unless <br />any warranty claims exist against a.t. Escrows or <br />other appropriate securities shall be in an amount <br />constituting 1D~~ of the estimated replacement <br />cost for all items war-ranted. Any band given as <br />security shall separately bond payment by the de- <br />veloper of warranty claims on each item warranted. <br />2. Inclusion ~n contracts. All sale con- <br />tracts for the first time sale of any condominium <br />unit covered under this code and entered into dur- <br />ing the warranty period shall contain the above <br />express warranty by the developer, <br />3. Warrant exclusions. The following are <br />exempted from the above warranty provided the work <br />was performed in accordance with then existing <br />applicable codes: <br />a, pan~age caused by the acts of un- <br />authorized tha,rd parties,~inc~uding vandalism, <br />ordinance -- 15 <br />