US (United States) Code. Title 15. Chapter 62: Condominium and Cooperative Conversion Protection and Abuse Relief

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Commerce and Trade

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-CITE-

15 USC CHAPTER 62 - CONDOMINIUM AND COOPERATIVE

CONVERSION PROTECTION AND ABUSE RELIEF 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 62 - CONDOMINIUM AND COOPERATIVE CONVERSION PROTECTION AND

ABUSE RELIEF

.

-HEAD-

CHAPTER 62 - CONDOMINIUM AND COOPERATIVE CONVERSION PROTECTION AND

ABUSE RELIEF

-MISC1-

Sec.

3601. Congressional findings and purpose.

3602. Conversion lending.

3603. Definitions.

3604. Exemptions.

3605. Notice of conversion and opportunity to purchase;

responsibility of State and local governments.

3606. Federal Housing Administration mortgage or loan insurance;

expedition of application process and decision.

3607. Termination of self-dealing contracts.

(a) Operation, maintenance, and management contracts;

penalty.

(b) Time of termination.

(c) Vote of owners of units.

(d) Effective date of termination.

3608. Judicial determinations respecting unconscionable leases.

(a) Lease characteristics; authorization by unit

owners; conditions precedent to action.

(b) Presumption of unconscionability; rebuttal.

(c) Presentation of evidence after finding of

unconscionability.

(d) Remedial relief; matters considered; attorneys'

fees.

(e) Actions allowed after termination of special

developer control.

3609. Void lease or contract provisions.

3610. Relationship of statutory provisions to State and local laws.

3611. Additional remedies.

(a) Suits at law or equity.

(b) Recovery of actual damages.

(c) Contribution.

(d) Amounts recoverable; defendant's attorneys' fees.

3612. Concurrent State and Federal jurisdiction; venue; removal of

cases.

3613. Limitation of actions.

3614. Waiver of rights as void.

3615. Nonexclusion of other statutory rights and remedies.

3616. Separability.

-CITE-

15 USC Sec. 3601 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 62 - CONDOMINIUM AND COOPERATIVE CONVERSION PROTECTION AND

ABUSE RELIEF

-HEAD-

Sec. 3601. Congressional findings and purpose

-STATUTE-

(a) The Congress finds and declares that -

(1) there is a shortage of adequate and affordable housing

throughout the Nation, especially for low- and moderate-income

and elderly and handicapped persons;

(2) the number of conversions of rental housing to condominiums

and cooperatives is accelerating, which in some communities may

restrict the shelter options of low- and moderate-income and

elderly and handicapped persons;

(3) certain long-term leasing arrangements for recreation and

other condominium- or cooperative-related facilities which have

been used in the formation of cooperative and condominium

projects may be unconscionable; in certain situations State

governments are unable to provide appropriate relief; as a result

of these leases, economic and social hardships may have been

imposed upon cooperative and condominium owners, which may

threaten the continued use and acceptability of these forms of

ownership and interfere with the interstate sale of cooperatives

and condominiums; appropriate relief from these abuses requires

Federal action; and

(4) there is a Federal involvement with the cooperative and

condominium housing markets through the operation of Federal tax,

housing, and community development laws, through the operation of

federally chartered and insured financial institutions, and

through other Federal activities; that the creation of many

condominiums and cooperatives is undertaken by entities operating

on an interstate basis.

(b) The purposes of this chapter are to seek to minimize the

adverse impacts of condominium and cooperative conversions

particularly on the housing opportunities of low- and

moderate-income and elderly and handicapped persons, to assure fair

and equitable principles are followed in the establishment of

condominium and cooperative opportunities, and to provide

appropriate relief where long-term leases of recreation and other

cooperative- and condominium-related facilities are determined to

be unconscionable.

-SOURCE-

(Pub. L. 96-399, title VI, Sec. 602, Oct. 8, 1980, 94 Stat. 1672.)

-MISC1-

EFFECTIVE DATE

Section 618 of title VI of Pub. L. 96-399 provided that: ''The

provisions of this title (enacting this chapter) shall become

effective upon enactment (Oct. 8, 1980), except that section 609

(section 3608 of this title), and the prohibition included in

section 610 (section 3609 of this title) as it relates to a lease

with respect to which a cause of action may be established under

section 609, shall become effective one year after enactment.''

SHORT TITLE

Section 601 of title VI of Pub. L. 96-399 provided that: ''This

title (enacting this chapter) may be cited as the 'Condominium and

Cooperative Abuse Relief Act of 1980'.''

-CITE-

15 USC Sec. 3602 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 62 - CONDOMINIUM AND COOPERATIVE CONVERSION PROTECTION AND

ABUSE RELIEF

-HEAD-

Sec. 3602. Conversion lending

-STATUTE-

It is the sense of the Congress that lending by federally insured

lending institutions for the conversion of rental housing to

condominiums and cooperative housing should be discouraged where

there are adverse impacts on housing opportunities of the low- and

moderate-income and elderly and handicapped tenants involved.

-SOURCE-

(Pub. L. 96-399, title VI, Sec. 603, Oct. 8, 1980, 94 Stat. 1673.)

-CITE-

15 USC Sec. 3603 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 62 - CONDOMINIUM AND COOPERATIVE CONVERSION PROTECTION AND

ABUSE RELIEF

-HEAD-

Sec. 3603. Definitions

-STATUTE-

For the purpose of this chapter -

(1) ''affiliate of a developer'' means any person who controls,

is controlled by, or is under common control with a developer. A

person ''controls'' a developer if the person (A) is a general

partner, officer, director, or employer of the developer, (B)

directly or indirectly or acting in concert with one or more

other persons, or through one or more subsidiaries, owns,

controls, holds with power to vote, or holds proxies

representing, more then 20 per centum of the voting interests of

the developer, (C) controls in any manner the election of a

majority of the directors of the developer, or (D) has

contributed more than 20 per centum of the capital of the

developer. A person ''is controlled by'' a developer if the

developer (i) is a general partner, officer, director or employer

of the person, (ii) directly or indirectly or acting in concert

with one or more other persons, or through one or more

subsidiaries, owns, controls, holds with power to vote, or holds

proxies representing, more than 20 per centum of the voting

interests of the person, (iii) controls in any manner the

election of a majority of the directors, or (iv) has contributed

more than 20 per centum of the capital of the person;

(2) ''automatic rent increase clause'' means a provision in a

lease permitting periodic increases in the fee under the lease

which is effective automatically or at the sole option of the

lessor, and which provides that the fee shall increase at the

rate of an economic, commodity, or consumer price index or at a

percentage rate such that the actual increases in the rental

payment over the lease term cannot be established with

specificity at the time the lease is entered into;

(3) ''common elements'' means all portions of the cooperative

or condominium project, other than the units designated for

separate ownership or for exclusive possession or use;

(4) ''condominium association'' means the organization, whose

membership consists exclusively of all the unit owners in the

condominium project, which is, or will be responsible for the

operation, administration, and management of the condominium

project;

(5) ''condominium project'' means real estate (A) which has

five or more residential condominium units, in each residential

structure, and the remaining portions of the real estate are

designated for common ownership solely by the owners of those

units, each owner having an undivided interest in the common

elements, and (B) where such units are or have been offered for

sale or sold, directly or indirectly, through the use of any

means or instruments of transportation or communication of

interstate commerce, or the mails;

(6) ''condominium unit'' means a portion of a condominium

project designated for separate ownership;

(7) ''conversion project'' means a project, which has five or

more residential units, which was used primarily for residential

rental purposes immediately prior to being converted to a

condominium or cooperative project;

(8) ''convey or conveyance'' means (A) a transfer to a

purchaser of legal title in a unit at settlement, other than as

security for an obligation, or (B) the acquisition by a purchaser

of a leasehold interest for more than five years;

(9) ''cooperative association'' means an organization that owns

the record interest in the residential cooperative property; or a

leasehold of the residential property of a cooperative project

and that is responsible for the operation of the cooperative

project;

(10) ''cooperative project'' means real estate (A) which has

five or more residential cooperative units, in each residential

structure, subject to separate use and possession by one or more

individual cooperative unit owners whose interest in such units

and in the undivided assets of the cooperative association which

are appurtenant to the unit are evidenced by a membership or

share interest in a cooperative association and a lease or other

muniment of title or possession granted by the cooperative

association as the owner of all the cooperative property, and (B)

an interest in which is or has been offered for sale or lease or

sold, or leased directly or indirectly, through use of any means

or instruments of transportation or communication in interstate

commerce or of the mails;

(11) ''cooperative property'' means the real estate and

personal property subject to cooperative ownership and all other

property owned by the cooperative association;

(12) ''cooperative unit'' means a part of the cooperative

property which is subject to exclusive use and possession by a

cooperative unit owner. A unit may be improvements, land, or

land and improvements together, as specified in the cooperative

documents;

(13) ''cooperative unit owner'' means the person having a

membership or share interest in the cooperative association and

holding a lease, or other muniment of title or possession, of a

cooperative unit that is granted by the cooperative association

as the owner of the cooperative property;

(14) ''developer'' means (A) any person who offers to sell or

sells his interest in a cooperative or condominium unit not

previously conveyed, or (B) any successor of such person who

offers to sell or sells his interests in units in a cooperative

or condominium project and who has the authority to exercise

special developer control in the project including the right to:

add, convert, or withdraw real estate from the cooperative or

condominium project, and maintain sales offices, management

offices and rental units; exercise easements through common

elements for the purpose of making improvements within the

cooperative or condominium; or exercise control of the owners'

association;

(15) ''interstate commerce'' means trade, traffic,

transportation, communication, or exchange among the States, or

between any foreign country and a State, or any transaction which

affects such trade, traffic, transportation, communication, or

exchange;

(16) ''lease'' includes any agreement or arrangement containing

a condominium or cooperative unit owner's obligation,

individually, collectively, or through an association to make

payments for a leasehold interest or for other rights to use or

possess real estate, or personal property (which rights may

include the right to receive services with respect to such real

estate or personal property), except a lease does not include

mortgages or other such agreements for the purchase of real

estate;

(17) ''person'' means a natural person, corporation,

partnership, association, trust or other entity, or any

combination thereof;

(18) ''purchaser'' means any person, other than a developer,

who by means of a voluntary transfer acquires a legal or

equitable interest in a unit other than (A) a leasehold interest

(including renewal options) of less than five years, or (B) as

security for an obligation;

(19) ''real estate'' means any leasehold or other estate or

interest in, over or under land, including structures, fixtures,

and other improvements and interests which by custom, usage, or

law pass with a conveyance of land though not described in the

contract of sale or instrument of conveyance. ''Real estate''

includes parcels with or without upper or lower boundaries, and

spaces that may be filled with air or water;

(20) ''residential'' means used as a dwelling;

(21) ''sale'', ''sale of a cooperative unit'' or ''sale of a

condominium unit'' means any obligation or arrangement for

consideration for conveyance to a purchaser of a cooperative or

condominium unit, excluding options or reservations not binding

on the purchaser;

(22) ''special developer control'' means any right arising

under State law, cooperative or condominium instruments, the

association's bylaws, charter or articles of association or

incorporation, or power of attorney or similar agreement, through

which the developer may control or direct the unit owners'

association or its executive board. A developer's right to

exercise the voting share allocated to any condominium or

cooperative unit which he owns is not deemed a right of special

developer control if the voting share allocated to that

condominium or cooperative unit is the same voting share as would

be allocated to the same condominium or cooperative unit were

that unit owned by any other unit owner at that time;

(23) ''State'' includes the several States, the District of

Columbia, the Commonwealth of Puerto Rico, and the territories

and possessions of the United States; and

(24) ''tenants' organization'' means a bona fide organization

of tenants who represent a majority of the occupied rental units

in a rental housing project.

-SOURCE-

(Pub. L. 96-399, title VI, Sec. 604, Oct. 8, 1980, 94 Stat. 1673.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 12 sections 1441a, 1831q.

-CITE-

15 USC Sec. 3604 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 62 - CONDOMINIUM AND COOPERATIVE CONVERSION PROTECTION AND

ABUSE RELIEF

-HEAD-

Sec. 3604. Exemptions

-STATUTE-

The provisions of this chapter shall not apply to -

(1) a cooperative or condominium unit sold or offered for sale

by the Federal Government, by any State or local government, by

any corporate instrumentality of the United States, or by any

agency thereof;

(2) a cooperative or condominium project in which all units are

restricted to nonresidential purposes or uses; or

(3) any lease or portion thereof -

(A) which establishes any leasehold or other estate or

interest in, over or under land on or in which one or more

residential condominium or cooperative units are located, the

termination of which will terminate the condominium or

cooperative project, or reduce the number of units in such

project, or

(B) which establishes a leasehold interest in, or other

rights to use, possess, or gain access to, a condominium or

cooperative unit.

-SOURCE-

(Pub. L. 96-399, title VI, Sec. 605, Oct. 8, 1980, 94 Stat. 1675.)

-CITE-

15 USC Sec. 3605 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 62 - CONDOMINIUM AND COOPERATIVE CONVERSION PROTECTION AND

ABUSE RELIEF

-HEAD-

Sec. 3605. Notice of conversion and opportunity to purchase;

responsibility of State and local governments

-STATUTE-

It is the sense of the Congress that, when multifamily rental

housing projects are converted to condominium or cooperative use,

tenants in those projects are entitled to adequate notice of the

pending conversion and to receive the first opportunity to purchase

units in the converted projects and that State and local

governments which have not already provided for such notice and

opportunity for purchase should move toward that end. The Congress

believes it is the responsibility of State and local governments to

provide for such notice and opportunity to purchase in a prompt

manner. The Congress has decided not to intervene and therefore

leaves this responsibility to State and local governments to be

carried out.

-SOURCE-

(Pub. L. 96-399, title VI, Sec. 606, Oct. 8, 1980, 94 Stat. 1676.)

-CITE-

15 USC Sec. 3606 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 62 - CONDOMINIUM AND COOPERATIVE CONVERSION PROTECTION AND

ABUSE RELIEF

-HEAD-

Sec. 3606. Federal Housing Administration mortgage or loan

insurance; expedition of application process and decision

-STATUTE-

Where an application for mortgage or loan insurance in connection

with a conversion or purchase of a rental housing project being

undertaken by a tenants' organization is submitted, the Secretary

of Housing and Urban Development shall expedite the processing of

the application in every way and shall make a final decision on

such application at the earliest practicable time.

-SOURCE-

(Pub. L. 96-399, title VI, Sec. 607, Oct. 8, 1980, 94 Stat. 1676.)

-CITE-

15 USC Sec. 3607 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 62 - CONDOMINIUM AND COOPERATIVE CONVERSION PROTECTION AND

ABUSE RELIEF

-HEAD-

Sec. 3607. Termination of self-dealing contracts

-STATUTE-

(a) Operation, maintenance, and management contracts; penalty

Any contract or portion thereof which is entered into after

October 8, 1980, and which -

(1) provides for operation, maintenance, or management of a

condominium or cooperative association in a conversion project,

or of property serving the condominium or cooperative unit owners

in such project;

(2) is between such unit owners or such association and the

developer or an affiliate of the developer;

(3) was entered into while such association was controlled by

the developer through special developer control or because the

developer held a majority of the votes in such association; and

(4) is for a period of more than three years, including any

automatic renewal provisions which are exercisable at the sole

option of the developer or an affiliate of the developer,

may be terminated without penalty by such unit owners or such

association.

(b) Time of termination

Any termination under this section may occur only during the

two-year period beginning on the date on which -

(1) special developer control over the association is

terminated; or

(2) the developer owns 25 per centum or less of the units in

the conversion project,

whichever occurs first.

(c) Vote of owners of units

A termination under this section shall be by a vote of owners of

not less than two-thirds of the units other than the units owned by

the developer or an affiliate of the developer.

(d) Effective date of termination

Following the unit owners' vote, the termination shall be

effective ninety days after hand delivering notice or mailing

notice by prepaid United States mail to the parties to the

contract.

-SOURCE-

(Pub. L. 96-399, title VI, Sec. 608, Oct. 8, 1980, 94 Stat. 1676.)

-COD-

CODIFICATION

In subsec. (a), ''October 8, 1980'' was substituted for ''the

effective date of this title''. See Effective Date note set out

under section 3601 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3609, 3611 of this title.

-CITE-

15 USC Sec. 3608 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 62 - CONDOMINIUM AND COOPERATIVE CONVERSION PROTECTION AND

ABUSE RELIEF

-HEAD-

Sec. 3608. Judicial determinations respecting unconscionable leases

-STATUTE-

(a) Lease characteristics; authorization by unit owners; conditions

precedent to action

Cooperative and condominium unit owners through the unit owners'

association may bring an action seeking a judicial determination

that a lease or leases, or portions thereof, were unconscionable at

the time they were made. An action may be brought under this

section if each such lease has all of the following

characteristics:

(1) it was made in connection with a cooperative or condominium

project;

(2) it was entered into while the cooperative or condominium

owners' association was controlled by the developer either

through special developer control or because the developer held a

majority of the votes in the owners' association;

(3) it had to be accepted or ratified by purchasers or through

the unit owners' association as a condition of purchase of a unit

in the cooperative or condominium project;

(4) it is for a period of more than twenty-one years or is for

a period of less than twenty-one years but contains automatic

renewal provisions for a period of more than twenty-one years;

(5) it contains an automatic rent increase clause; and

(6) it was entered into prior to June 4, 1975.

Such action must be authorized by the cooperative or condominium

unit owners through a vote of not less than two-thirds of the

owners of the units other than units owned by the developer or an

affiliate of the developer, and may be brought by the cooperative

or condominium unit owners through the units owners' association.

Prior to instituting such action, the cooperative or condominium

unit owners must, through a vote of not less than two-thirds of the

owners of the units other than units owned by the developer or an

affiliate of the developer, agree to enter into negotiation with

the lessor and must seek through such negotiation to eliminate or

modify any lease terms that are alleged to be unconscionable; if an

agreement is not reached in ninety days from the date on which the

authorizing vote was taken, the unit owners may authorize an action

after following the procedure specified in the preceding sentence.

(b) Presumption of unconscionability; rebuttal

A rebuttal presumption of unconscionability exists if it is

established that, in addition to the characteristics set forth in

subsection (a) of this section, the lease -

(1) creates a lien subjecting any unit to foreclosure for

failure to make payments;

(2) contains provisions requiring either the cooperative or

condominium unit owners or the cooperative or condominium

association as lessees to assume all or substantially all

obligations and liabilities associated with the maintenance,

management and use of the leased property, in addition to the

obligation to make lease payments;

(3) contains an automatic rent increase clause without

establishing a specific maximum lease payment; and

(4) requires an annual rental which exceeds 25 per centum of

the appraised value of the leased property as improved: Provided,

That, for purposes of this paragraph ''annual rental'' means the

amount due during the first twelve months of the lease for all

units, regardless of whether such units were occupied or sold

during that period, and ''appraised value'' means the appraised

value placed upon the leased property the first tax year after

the sale of a unit in the condominium or after the sale of a

membership or share interest in the cooperative association to a

party who is not an affiliate of the developer.

Once the rebuttable presumption is established, the court, in

making its finding, shall consider the lease or portion of the

lease to be unconscionable unless proven otherwise by the

preponderance of the evidence to the contrary.

(c) Presentation of evidence after finding of unconscionability

Whenever it is claimed, or appears to the court, that a lease or

any portion thereof is, or may have been, unconscionable at the

time it was made, the parties shall be afforded a reasonable

opportunity to present evidence at least as to-

(1) the commercial setting of the negotiations;

(2) whether a party has knowingly taken advantage of the

inability of the other party reasonably to protect his interests;

(3) the effect and purpose of the lease or portion of the lease

or portion thereof, including its relationship to other contracts

between the association, the unit owners and the developer or an

affiliate of the developer; and

(4) the disparity between the amount charged under the lease

and the value of the real estate subject to the lease measured by

the price at which similar real estate was readily obtainable in

similar transactions.

(d) Remedial relief; matters considered; attorneys' fees

Upon finding that any lease, or portion thereof, is

unconscionable, the court shall exercise its authority to grant

remedial relief as necessary to avoid an unconscionable result,

taking into consideration the economic value of the lease. Such

relief may include, but shall not be limited to rescission,

reformation, restitution, the award of damages and reasonable

attorney fees and court costs. A defendant may recover reasonable

attorneys' fees if the court determines that the cause of action

filed by the plantiff (FOOTNOTE 1) is frivolous, malicious, or

lacking in substantial merit.

(FOOTNOTE 1) So in original. Probably should be ''plaintiff''.

(e) Actions allowed after termination of special developer control

Nothing in this section may be construed to authorize the

bringing of an action by cooperative and condominium unit owners'

association, seeking a judicial determination that a lease or

leases, or portions thereof, are unconscionable, where such unit

owners or a unit owners' association representing them has, after

the termination of special developer control, reached an agreement

with a holder of such lease or leases which either -

(1) sets forth the terms and conditions under which such lease

or leases is or shall be purchased by such unit owners or

associations; or

(2) reforms any clause in the lease which contained an

automatic rent increase clause, unless such agreement was entered

into when the leaseholder or his affiliate held a majority of the

votes in the owners' association.

-SOURCE-

(Pub. L. 96-399, title VI, Sec. 609, Oct. 8, 1980, 94 Stat. 1677.)

-MISC1-

EFFECTIVE DATE

Section effective one year after Oct. 8, 1980, see section 618 of

Pub. L. 96-399, set out as a note under section 3601 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3609, 3610, 3611, 3613 of

this title.

-CITE-

15 USC Sec. 3609 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 62 - CONDOMINIUM AND COOPERATIVE CONVERSION PROTECTION AND

ABUSE RELIEF

-HEAD-

Sec. 3609. Void lease or contract provisions

-STATUTE-

Any provision in any lease or contract requiring unit owners or

the owners' association, in any conversion project involving a

contract meeting the requirements of section 3607 of this title of

in any project involving a lease meeting the requirements of

section 3608 of this title, to reimburse, regardless of outcome,

the developer, his successor, or affiliate of the developer for

attorneys' fees or money judgments, in a suit between unit owners

or the owners' association and the developer arising under the

lease or agreement, is against public policy and void.

-SOURCE-

(Pub. L. 96-399, title VI, Sec. 610, Oct. 8, 1980, 94 Stat. 1678.)

-MISC1-

EFFECTIVE DATE

Section effective Oct. 8, 1980, except that prohibition included

in this section as it relates to a lease with respect to which a

cause of action may be established under section 3608 of this

title, shall be effective one year after Oct. 8, 1980, see section

618 of Pub. L. 96-399, set out as a note under section 3601 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3610, 3611 of this title.

-CITE-

15 USC Sec. 3610 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 62 - CONDOMINIUM AND COOPERATIVE CONVERSION PROTECTION AND

ABUSE RELIEF

-HEAD-

Sec. 3610. Relationship of statutory provisions to State and local

laws

-STATUTE-

Nothing in this chapter may be construed to prevent or limit the

authority of any State or local government to enact and enforce any

law, ordinance, or code with regard to any condominium,

cooperative, or conversion project, if such law, ordinance, or code

does not abridge, deny, or contravene any standard for consumer

protection established under this chapter. Notwithstanding the

preceding sentence, the provisions of this chapter, except for the

application of section 3608 of this title and the prohibition

included in section 3609 of this title as it relates to a lease

with respect to which a cause of action may be established under

section 3608 of this title, shall not apply in the case of any

State or local government which has the authority to enact and

enforce such a law, ordinance, or code, if, during the three-year

period following October 8, 1980, such State or local government

enacts a law, ordinance, or code, or amendments thereto, stating in

substance that such provisions of this chapter shall not apply in

that State or local government jurisdiction.

-SOURCE-

(Pub. L. 96-399, title VI, Sec. 611, Oct. 8, 1980, 94 Stat. 1679.)

-CITE-

15 USC Sec. 3611 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 62 - CONDOMINIUM AND COOPERATIVE CONVERSION PROTECTION AND

ABUSE RELIEF

-HEAD-

Sec. 3611. Additional remedies

-STATUTE-

(a) Suits at law or equity

Unless otherwise limited as in section 3607 or 3608 of this

title, any person aggrieved by a violation of this chapter may sue

at law or in equity.

(b) Recovery of actual damages

In any action authorized by this section for a violation of

section 3607 or 3609 of this title where actual damages have been

suffered, such damages may be awarded or such other relief granted

as deemed fair, just, and equitable.

(c) Contribution

Every person who becomes liable to make any payment under this

section may recover contributions from any person who if sued

separately, would have been liable to make the same payment.

(d) Amounts recoverable; defendant's attorneys' fees

The amounts recoverable under this section may include interest

paid, reasonable attorneys' fees, independent engineer and

appraisers' fees, and court costs. A defendant may recover

reasonable attorneys' fees if the court determines that the cause

of action filed by the plaintiff is frivolous, malicious, or

lacking in substantial merit.

-SOURCE-

(Pub. L. 96-399, title VI, Sec. 612, Oct. 8, 1980, 94 Stat. 1679.)

-CITE-

15 USC Sec. 3612 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 62 - CONDOMINIUM AND COOPERATIVE CONVERSION PROTECTION AND

ABUSE RELIEF

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Sec. 3612. Concurrent State and Federal jurisdiction; venue;

removal of cases

-STATUTE-

The district courts of the United States, the United States

courts of any territory, and the United States District Court for

the District of Columbia shall have jurisdiction under this chapter

and, concurrent with State courts, of actions at law or in equity

brought under this chapter without regard to the amount in

controversy. Any such action may be brought in the district

wherein the defendant is found or is an inhabitant or transacts

business, or in the district where the sale took place, and process

in such cases may be served in other districts of which the

defendant is an inhabitant or wherever the defendant may be found.

No case arising under this chapter and brought in any State court

of competent jurisdiction shall be removed to any court of the

United States, except where any officer or employee of the United

States in his official capacity is a party.

-SOURCE-

(Pub. L. 96-399, title VI, Sec. 613, Oct. 8, 1980, 94 Stat. 1679.)

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15 USC Sec. 3613 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 62 - CONDOMINIUM AND COOPERATIVE CONVERSION PROTECTION AND

ABUSE RELIEF

-HEAD-

Sec. 3613. Limitation of actions

-STATUTE-

No action shall be maintained to enforce any right or liability

created by this chapter unless brought within six years after such

cause of action accrued, except that an action pursuant to section

3608 of this title must be brought within four years after October

8, 1980.

-SOURCE-

(Pub. L. 96-399, title VI, Sec. 614, Oct. 8, 1980, 94 Stat. 1680.)

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15 USC Sec. 3614 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 62 - CONDOMINIUM AND COOPERATIVE CONVERSION PROTECTION AND

ABUSE RELIEF

-HEAD-

Sec. 3614. Waiver of rights as void

-STATUTE-

Any condition, stipulation, or provision binding any person to

waive compliance with any provisions of this chapter shall be void.

-SOURCE-

(Pub. L. 96-399, title VI, Sec. 615, Oct. 8, 1980, 94 Stat. 1680.)

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15 USC Sec. 3615 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 62 - CONDOMINIUM AND COOPERATIVE CONVERSION PROTECTION AND

ABUSE RELIEF

-HEAD-

Sec. 3615. Nonexclusion of other statutory rights and remedies

-STATUTE-

The rights and remedies provided by this chapter shall be in

addition to any and all other rights and remedies that may exist

under Federal or State law.

-SOURCE-

(Pub. L. 96-399, title VI, Sec. 616, Oct. 8, 1980, 94 Stat. 1680.)

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15 USC Sec. 3616 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 62 - CONDOMINIUM AND COOPERATIVE CONVERSION PROTECTION AND

ABUSE RELIEF

-HEAD-

Sec. 3616. Separability

-STATUTE-

If any provisions of this chapter or the application thereof to

any person or circumstance is held invalid, the remainder of this

chapter shall not be affected thereby.

-SOURCE-

(Pub. L. 96-399, title VI, Sec. 617, Oct. 8, 1980, 94 Stat. 1680.)

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