This article shall be known and may be cited as "Condominium Conversion Ordinance of Ogunquit."

The purpose of this article is to protect the public health, safety and welfare by regulating condominium conversions in Ogunquit. The necessity for regulating condominium conversions is to protect the public from fraud or duress.

Authority to enact is found generally under Maine home rule authority and 33 M.R.S.A. § 1604-111(f).

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.

The Code Enforcement Officer, with the assistance of the Town Attorney and the Town's Planning Consultant, 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 owners will be thoroughly informed of the permitted use of their property and any restrictions placed upon its use by this chapter, Chapter 240, Subdivision Regulations, Planning Board conditions of approval or other Town codes or Town license restrictions. The permit application fee for a condominium conversion permit shall be set annually in a fee schedule adopted by the Select Board, to be used by the Code Enforcement Officer for hiring independent consulting services to review the application. If the cost of hiring legal and planning consultants exceeds the initial application fee, the Code Enforcement Officer shall notify the applicant and require that an additional, supplemental application fee be deposited by the applicant.

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 article. In addition to any court-ordered injunctive relief, violation of this article shall be deemed a land use violation for which fines and attorneys' fees shall be allowed under 30-A M.R.S.A. § 4452.