(1) A building code may not impose any requirement upon any structure in a common interest community which it would not impose upon a physically identical development under a different form of ownership; except that a minimum one hour fire wall may be required between units.
(2) In condominiums and cooperatives, no zoning, subdivision, or other real estate use law, ordinance, or regulation may prohibit the condominium or cooperative form of ownership or impose any requirement upon a condominium or cooperative which it would not impose upon a physically identical development under a different form of ownership.
Source: L. 91: Entire article added, p. 1707, § 1, effective July 1, 1992.
ANNOTATION
Town's actions in attempting to enforce provision of 1987 municipal ordinance imposing restrictions on units converted to condominiums is, of necessity, an event and circumstance occurring on or after July 1, 1992, triggering application of the anti-discrimination clause under subsection (2). Further, subsection (2) retroactively applies. The plain meaning of an "event and circumstance" within the meaning of § 38-33.3-117 (1) unambiguously includes the court's actions in seeking to enforce the 1987 ordinance. Town of Vail v. Vill. Inn Plaza-Phase V, 2021 COA 108, 498 P.3d 1123.
Because municipal ordinance singles out condominiums, it is facially apparent that it discriminates against the condominium form of ownership in violation of the anti-discrimination provision in subsection (2) as a matter of law. The ordinance imposes the restriction on the residential units at issue only if the units would be condominiumized. If the units are not condominiunized, the restrictions do not apply. Because the language of the ordinance applies only to condominiums it is, on its face, discriminatory. Town of Vail v. Vill. Inn Plaza-Phase V, 2021 COA 108, 498 P.3d 1123.