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Resolution 2010-34
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Resolution 2010-34
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Last modified
3/12/2021 2:58:05 PM
Creation date
8/24/2010 4:58:37 PM
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Template:
City Council Records
Doc Type
Resolution
Signed Date
6/1/2010
Ord/Res - Year
2010
Ord/Res - Number
34
Original Hardcopy Storage
7D5
Supplemental fields
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RES 2010-34
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(a) Maximum Resale Price. The purchase price for a transfer of a unit to a new unit <br /> owner may not exceed the maximum resale price. For purposes of this Agreement, the <br /> "maximum resale price" means the sum of (a) the original purchase price paid for such unit by <br /> the then unit owner, and (b) the lesser of (i) four percent (4 of such original purchase price <br /> (calculated on an annual basis during the period of such unit owner's ownership), or (ii) the CPI, <br /> and (c) the fair market value of capital improvements made to the unit during the period of such <br /> unit owner's ownership, which value shall be determined in accordance with guidelines <br /> established by the LHA and in effect from time to time, which guidelines may include further <br /> requirements and procedures for qualifying capital improvements for purposes of this Section 12. <br /> For purposes of this Agreement: <br /> (i) "capital improvement" means an improvement or set of improvements to a unit <br /> owned by a unit owner, having an original purchase price of $300.00 or more (if a single <br /> improvement), or a cost of $1000.00 or more (if a set of improvements undertaken <br /> pursuant to a single project, irrespective of whether any individual improvement in such <br /> project may cost less than $300.00); an estimated useful life of five (5) or more years, <br /> which is either integrated into or installed in the Unit, and is transferred with such unit <br /> owner's sale of the unit. Examples of capital improvements include, but are not limited <br /> to, new cabinets, flooring, windows or appliances, or a kitchen remodel project where the <br /> project costs exceed $1000.00, even if individual improvements within such project cost <br /> less than $300.00. <br /> (ii) "CPI" means the Consumer Price Index all Urban Consumer, for the <br /> Boulder Longmont, Metropolitan Area, All Items (1982 -84 100), as published by the <br /> Bureau of Labor Statistics of the United States Department of Labor. If publication is <br /> discontinued or published less frequently, then CPI shall mean a substitute index <br /> published by a United States governmental body or recognized United States financial <br /> institution that reasonably reflects and monitors consumer prices in the United States. <br /> (b) No Additional Consideration. The purchase price for a unit shall be expressly <br /> recited in the deed or other document effecting the transfer of such unit. A unit owner may not <br /> permit any prospective buyer to assume any or all of such unit owner's customary closing costs, <br /> or accept any consideration not stated in the deed or other document effecting the transfer of <br /> such unit. If a unit is sold with fiurnishings or other personal property, no more than the fair <br /> market value of such personal property may be charged. <br /> (c) Acceptance of Offers. A unit owner may not accept an offer or bid on such unit <br /> owner's unit with a purchase price that exceeds the maximum resale price or from a purchaser <br /> who is not an eligible buyer. A unit owner may accept any offer from an eligible buyer that is <br /> equal to or less than the maximum resale price. <br /> 13. Restrictions on Use and Rental of Units. <br /> (a) Sole Residence. Each unit owner shall maintain his or her unit as such unit <br /> owner's "sole permanent place of residence," defined for purposes hereof to mean the home in <br /> which such person's habitation is fixed and to which such person, whenever he or she is absent, <br /> has a present intention of returning after a departure or absence therefrom, regardless of the <br /> 6 <br />
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