DISTRICT OF COLUMBIA CONDOMINIUM ACT
Subchapter I. General Provisions
Section 42-1901.01. Applicability of chapter; corresponding terms; supersedure
of prior law.
(a)
This chapter shall apply to all condominiums created in the District of Columbia
after March 29, 1977. Sections 42-1901.03 through 42-1901.06, 42-1902.03,
42-1902.06 through42-1902.09,42-1902.30, 42-1903.05(d), 42-1903.08(a)(1) through
(6), 42-1903.08(a)(11) through (16), 42-1903.09, 42-1903.13, 42-1903.14,
42-1903.20, 42-1904.11, 42-1904.13 through 42-1904.17, and 42-1901.02, to the
extent necessary in construing any of those sections, shall apply to any
condominium and to any horizontal property regime or condominium project created
in the District of Columbia before March 29, 1977, except that these sections
shall apply only with respect to an event or circumstance that occurs after
March 29, 1977 and shall not invalidate any existing provision of the
condominium instruments of any condominium, horizontal property regime, or
condominium project.
(b) For the purposes of this chapter:
(1)The terms "horizontal property regime" and "condominium project" shall be deemed
to correspond to the term "condominium";
(2)The term "co-owner" shall be deemed to correspond to the term "unit owner";
(3)The term "council of co-owners" shall be deemed to correspond to the term "unit
owners' association";
(4)The term "developer" shall be deemed to correspond to the term "declarant"; and
(5)The term "general common elements" shall be deemed to correspond to the term
"common elements."
(c)
This chapter shall supersede Chapter 20 of this title, and Regulation 74-26 of
the District of Columbia City Council, enacted October 18, 1974. No condominium
shall be established except pursuant to this chapter after March 28, 1977. This
chapter shall not be construed, however, to affect the validity of any provision
of any condominium instrument complying with the requirements of Chapter 20 of
this title and recorded prior to March 28, 1977. Except for Section 42- 1904.11,
subchapter IV shall not apply to any condominium created prior
to March 29, 1977. Any amendment to the condominium instruments of any
condominium, horizontal property regime, or condominium project created before
March 29, 1977, shall be valid and enforceable if the amendment would be
permitted by this chapter and if the amendment was adopted in conformity with
the procedures and requirements specified by those condominium instruments and
by the applicable law in effect when the amendment was adopted. If an amendment
grants a person any right, power, or privilege permitted by this chapter, any
correlative obligation, liability, or restriction in this chapter shall apply to
that person.
(d)
This chapter shall not apply to any condominium located outside the District of
Columbia. Sections 42-1904.02 through 42-1904.08 and Sections 42-1904.12 through
42-1904.17 shall apply to any contract for the disposition of a condominium unit
signed in the District of Columbia by any person, unless exempt under Section
42-1904.01.
(e)
Except as otherwise provided in this chapter, amendments to this chapter shall
not invalidate any provision of any condominium instrument which was permitted
under this chapter at the time the provision was recorded.
Section 42-1901.02. Definitions.
For the purposes of this chapter:
(1)"Common elements" shall mean all portions of the condominium other than the
units.
(2)"Common expenses" shall mean all lawful expenditures made or incurred by or on
behalf of the unit owners' association, together with all lawful assessments for
the creation and maintenance of reserves pursuant to the provisions of the
condominium instruments. "Future common expenses" shall mean common expenses for
which assessments are not yet due and payable.
(3) Repealed.
(4)"Condominium" shall mean real estate, portions of which are designated for
separate ownership and the remainder of which is designated for common ownership
solely by the owners of the portions designated for separate ownership. Real
estate shall not be deemed a condominium within the meaning of this chapter
unless the undivided interests in the common elements are vested in the unit
owners.
(5)"Condominium instruments" shall mean the declaration, bylaws, and plats and
plans, recorded pursuant to the provisions of this chapter. Any exhibit,
schedule, or certification accompanying a
condominium instrument and recorded simultaneously therewith shall be deemed an
integral part of that condominium instrument. Any amendment or certification of
any condominium instrument shall, from the time of the recordation of such
amendment or certification, be deemed an integral part of the affected
condominium instrument, so long as such amendment or certification was made in
accordance with the provisions of this chapter.
(6)"Condominium unit" shall mean a unit together with the undivided interest in the
common elements appertaining to that unit.
(7)
"Contractable condominium" shall mean a condominium from which 1 or more
portions of the submitted land may be withdrawn in accordance with the
provisions of the declaration and of this chapter. If such withdrawal can occur
only by the expiration or termination of 1 or more leases, then the condominium
shall not be deemed a contractable condominium within the meaning of this
chapter.
(8)"Conversion condominium" shall mean a condominium containing structures which
before the recording of the declaration were wholly or partially occupied by
persons other than those who have contracted for the purchase of condominium
units and those who occupy with the consent of such purchasers.
(9)"Convertible land" shall mean a building site; that is to say, a portion of the
common elements, within which additional units or limited common elements, or
both, may be created in accordance with the provisions of this chapter.
(10)"Convertible space" shall mean a portion of a structure within the condominium,
which portion may be converted into 1 or more units or common elements, or both,
in accordance with the provisions of this chapter.
(11)"Declarant" shall mean any person or group of persons acting in concert who:
(A)Offers to dispose of the person's or group's interest in a condominium unit not
previously disposed of;
(B)Reserves or succeeds to any special declarant right; or
(C)Applies for registration of the condominium.
(11A)(A) "Affiliate of a declarant" shall mean any person who controls, is
controlled by, or shares common control with a declarant.
(B) A person controls a declarant if the person:
(i)
Is a general partner, officer, director, or employer of the declarant;
(ii)
Directly or indirectly or acting in concert with at least 1 other person, or
through a subsidiary, owns, controls, holds with power to vote, or holds proxies
that represent more than 20% of the voting interest in the declarant;
(iii) Controls in any manner the election of a majority of the directors of the
declarant; or
(iv)
Has contributed more than 20% of the capital of the declarant.
(C) A person is controlled by a declarant if the declarant:
(i)
Is a general partner, officer, director, or employer of the person;
(ii)
Directly or indirectly or acting in concert with another person, or through a
subsidiary, owns, controls, holds with power to vote, or holds proxies
representing more than 20% of the voting interest in the person; or
(iii) Controls in any manner the election of a majority of the directors if the
powers described in this paragraph are held solely as security for an obligation
and are not exercised.
(12)"Disposition" shall mean any voluntary transfer to a purchaser of a legal or
equitable interest in a condominium unit, other than as security for a debt or
pursuant to a deed in lieu of foreclosure.
(13)"Executive Board" shall mean an executive and administrative entity, by whatever
name denominated and designated in the condominium instruments to act for the
unit owners' association in governing the condominium.
(14)"Expandable condominium" shall mean a condominium to which additional land may
be added in accordance with the provisions of the declaration and of this
chapter.
(15)"Identifying number" shall mean 1 or more letters or numbers, or both, that
identify only 1 unit in the condominium.
(16)"Institutional lender" shall mean 1 or more commercial or savings banks, savings
and loan associations, trust companies, credit unions, industrial loan
associations, insurance companies, pension funds, or business trusts, including
but not limited to, real estate investment trusts, any other entity regularly
engaged directly or
indirectly in financing the purchase, construction, or improvement of real
estate, or any combination of any of the foregoing entities.
(17) Repealed.
(18)"Leasehold condominium" means a condominium all or any portion of which is
subject to a lease, the expiration or termination of which will terminate the
condominium or exclude a portion therefrom.
(19)"Limited common element" shall mean a portion of the common elements reserved
for the exclusive use of those entitled to the use of 1 or more, but less than
all, of the units.
(19A) "Master association" shall mean an organization described in Section
42-1903.18, whether or not the organization is an association described in
Section 42-1903.01.
(20) "Mayor" shall mean the Mayor of the District of Columbia.
(21)
"Nonbinding reservation agreement" shall mean an agreement between the declarant
and a prospective purchaser which is in no way binding on the prospective
purchaser and which may be canceled without penalty at the sole discretion of
the prospective purchaser by written notice, hand-delivered or sent by United
States mail, return receipt requested to the declarant at any time prior to the
execution of a contract for the sale or lease of a condominium unit or an
interest therein. Such agreement shall not contain any provision for waiver or
any other provision in derogation of the rights of the prospective purchaser as
contemplated by this subsection, nor shall any such provision be a part of any
ancillary agreement.
(22)
"Offer" shall mean any inducement, solicitation, or attempt to encourage any
person or persons to acquire any legal or equitable interest in a condominium
unit, other than as security for a debt: Provided, however, that "offer" shall
not mean any advertisement of a condominium not located in the District of
Columbia in a newspaper or other periodical of general circulation, or in any
public broadcast medium. Nothing shall be considered an offer that expressly
states that the condominium has not been registered with the Mayor and that no
unit in the condominium can or will be offered for sale until the time the unit
has been so registered.
(23)
"Officer" shall mean any member of the executive board or official of the unit
owners' association.
(24)
"Par value" shall mean a number of dollars or points assigned to each unit by
the declaration. Substantially identical units shall be assigned the same par
value, but units located at substantially
different heights above the ground, or having substantially different views, or
having substantially different amenities or other characteristics that might
result in differences in market value, may, but need not, be considered
substantially identical within the meaning of this subsection. If par value is
stated in terms of dollars, that statement shall not be deemed to reflect or
control the sales price or fair market value of any unit, and no opinion,
appraisal, or fair market transaction at a different figure shall affect the par
value of any unit, or any undivided interest in the common elements, voting
rights in the unit owners' association, liability for common expenses, or rights
to common profits, assigned on the basis thereof.
(25)
"Person" shall mean a natural person, corporation, partnership, association,
trust, or other entity capable of holding title to real property, or any
combination of any of the foregoing.
(26)
"Purchaser" shall mean any person, other than a declarant or a person in the
business of selling real estate for his or her own account, who by means of a
voluntary transfer, acquires a legal or equitable interest in a condominium unit
other than a leasehold interest, including a renewal option, of less than 20
years, or as security for an obligation.
(26A) "Real estate" or "land" shall mean any leasehold or other estate or
interest in, over, or under land, including but not limited to, any structure,
fixture, or any other improvement or interest which by custom, usage, or law
passes with a conveyance of land though not described in the contract of sale or
instrument of conveyance. The term "real estate" or "land" shall be deemed to
include a parcel with or without an upper or lower boundary, and space that may
be filled with air or water. Any requirement in the Condominium Amendment Act of
a legally sufficient description shall be deemed to include a requirement that
any upper or lower boundary of a parcel be identified with reference to
established data.
(27)
"Registered land surveyor" shall mean any person or firm permitted to prepare
and certify surveys and subdivision plats in the District of Columbia, including
but not limited to, registered civil engineers.
(28)
"Size" shall mean the number of cubic feet or the number of square feet of
ground or floor space, or both, within each unit as computed by reference to the
plats and plans and rounded off to a whole number. Certain spaces within the
units including, without limitation, attic, basement, or garage space, may, but
need not, be omitted from such calculation or partially discounted by the use of
a ratio, so long as the same basis of calculation is employed for all units in
the condominium, and so long as that basis is described in the declaration.
(28A) "Special declarant right" shall mean any right reserved for the benefit of
a declarant or any person that becomes a declarant to:
(A)
Complete improvements indicated on plats and plans filed with the declaration
pursuant to Section 42-1902.14;
(B)
Expand an expandable condominium pursuant to Section 42- 1902.19;
(C)
Contract a contractable condominium pursuant to Section 42- 1902.20;
(D)
Convert convertible land, convertible space, or both pursuant to Section
42-1902.17 or Section 42-1902.18;
(E)
Elect, appoint, or remove any officer of the unit owners' association or master
association or any executive board member pursuant to Section 42-1903.02 during
any period of declarant control;
(F)
Exercise any power or responsibility otherwise assigned by any condominium
instrument or by the Condominium Amendment Act to the unit owners' association,
any officer of the unit owners' association, or the executive board;
(G)
Use easements through the common elements to make improvements within the
condominium or real estate that may be added to the condominium pursuant to
Section 42-1902.21;
(H)
Make the condominium subject to a master association pursuant to Section
42-1903.18;
(I)
Make the condominium part of a larger condominium pursuant to Section
42-1903.19; or
(J)
Maintain a sales office, management office, or model unit pursuant to Section
42-1902.22.
(29)"Surveyor" shall mean the Office of the Surveyor of the District of Columbia.
(29A) "Time share" shall mean a right to occupy a condominium unit or any of
several condominium units during 5 or more separate time periods over a period
of at least 5 years including renewal options, whether or not the right is
coupled with an estate or interest in a condominium or a specified portion of an
estate or interest in a condominium.
(30) "Unit" shall mean a portion of the condominium designed and
intended for individual ownership. For the purposes of this chapter, a
convertible space shall be treated as a unit in accordance with Section
42-1902.18(d).
(31) "Unit owner" shall mean a declarant or any person who owns a condominium
unit. In the case of a leasehold condominium, "unit owner" shall mean a
declarant or person whose leasehold interest in the condominium extends for the
entire balance of the unexpired term. The term "unit owner" shall not include a
person who has an interest in a condominium unit solely as a security for a
debt.
Section 42-1901.03. Ownership of individual units
Each condominium unit shall constitute for all purposes a separate parcel of
real estate, distinct from all other condominium units. Any condominium unit may
be owned by more than 1 person as joint tenants, as tenants in common, as
tenants by the entirety (in the case of husband and wife), or in any other real
estate tenancy relationship recognized under the laws of the District of
Columbia.
Section 42-1901.04. Separate taxation.
If there is any unit owner other than the declarant, a tax or assessment shall
not be levied on the condominium as a whole or against any common elements, but
only on the individual condominium units. A condominium unit shall be carried on
the records of the District of Columbia and assessed as a separate and distinct
taxable entity.
Section 42-1901.05. Ordinances and regulations
No zoning or other land use ordinance or regulation shall prohibit condominiums
as such by reason of the form of ownership inherent therein. Neither shall any
condominium be treated differently by any zoning or other land use ordinance or
regulation which would permit a physically identical project or development
under a different form of ownership. No subdivision ordinance or regulation
shall apply to any condominium or to any subdivision of any convertible land,
convertible space, or unit unless such ordinance or regulation is by its express
terms made applicable thereto. Nothing in this section shall be construed to
permit application of any provision of the building code which is not expressly
applicable to condominiums by reason of the form of ownership inherent therein
to a condominium in a manner different from the manner in which such provision
is applied to other buildings of similar physical form and nature of occupancy.
Section 42-1901.06. Eminent domain; allocation of award; proportionate shares of
common areas and redetermination thereof where units or parts of units taken;
reallocation of voting rights, profits, and future liabilities; recordation of
decree
(a)
If any portion of the common elements is taken by eminent domain, the award
therefor shall be allocated to the unit owners in proportion to their respective
undivided interests in the common elements, except that the portion of the award
attributable to the taking of any permanently assigned limited common element
shall be allocated by the decree to the unit owner of the unit to which that
limited common element was so assigned at the time of the taking. If that
limited common element was permanently assigned to more than 1 unit at the time
of the taking, then the portion of the award attributable to the taking thereof
shall be allocated in equal shares to the unit owners of the units to which it
was so assigned or in such other shares as the condominium instruments may
specify for this express purpose. A permanently assigned limited common element
is a limited common element which cannot be reassigned or which can be
reassigned only with the consent of the unit owner or owners of the unit or
units to which it is assigned.
(b)
If 1 or more units is taken by eminent domain, the undivided interest in the
common elements appertaining to any such unit shall thenceforth appertain to the
remaining units, being allocated to them in proportion to their respective
undivided interests in the common elements. The court shall enter a decree
reflecting the reallocation of undivided interests produced thereby, and the
award shall include, without limitation, just compensation to the unit owner of
any unit taken for his undivided interest in the common elements as well as for
his unit.
(c)
If portions of any unit are taken by eminent domain, the court shall determine
the fair market value of the portions of such unit not taken, and the undivided
interest in the common elements appertaining to any such units shall be reduced
in the case of each such unit, in proportion to the diminution in the fair
market value of such unit resulting from the taking. The portions of undivided
interest in the common elements thereby divested from the unit owners of any
such units shall be reallocated among those units and the other units in the
condominium in proportion to their respective undivided interests in the common
elements with any units partially taken participating in such reallocation on
the basis of their undivided interests as reduced in accordance with the
preceding sentence. The court shall enter a decree, reflecting the reallocation
of undivided interests produced thereby, and the award shall include, without
limitation, just compensation to the unit owner of any unit partially taken for
that portion of his undivided
interest in the common elements divested from him by operation of the first
sentence of this subsection and not revested in him by operation of the
following sentence, as well as for that portion of his unit taken by eminent
domain.
(d)
If, however, the taking of a portion of any unit makes it impractical to use the
remaining portion of that unit for any lawful purpose permitted by the
condominium instruments, then the entire undivided interest in the common
elements appertaining to that unit shall thenceforth appertain to the remaining
units, being allocated to them in proportion to their respective undivided
interests in the common elements, and the remaining portion of that unit shall
thenceforth be a common element. The court shall enter a decree reflecting the
reallocation of undivided interests produced thereby, and the award shall
include, without limitation, just compensation to the unit owner of such unit
for the unit owner's entire undivided interest in the common elements and for
the unit owner's entire unit.
(e)
Votes in the unit owners' association, rights to future surplus funds, and
liabilities for future common expenses not specially assessed, appertaining to
any unit or units taken or partially taken by eminent domain, shall thenceforth
appertain to the remaining units, being allocated to them in proportion to their
relative voting strength in the unit owners' association, rights to future
surplus funds, and liabilities for future common expenses not specially
assessed, respectively, with any units partially taken participating in such
reallocation as though the voting strength in the unit owners' association,
right to future surplus funds, and liabilities for future common expenses not
specially assessed, respectively, had been reduced in proportion to the
reduction in their undivided interests in the common elements. But in any case
where votes in the unit owners' association were originally assigned on the
basis of equality (subject to the exception for convertible spaces) votes in the
unit owners' association shall not be reallocated. The decree of the court shall
provide accordingly.
(f) The decree of the court shall require the recordation thereof among the land
records of the District of Columbia.
Section 42-1901.07. Variation by agreement.
Except as expressly provided by this chapter, a provision of this chapter may
not be varied by agreement and any right conferred by this chapter may not be
waived. A declarant may not act under a power of attorney or use any other
device to evade a limitation or prohibition of this chapter or the condominium
instruments.
Section 42-1901.08. Interpretation of chapter.
In the application or construction of the provisions of this chapter, the courts
of the District of Columbia shall give due regard to judicial decisions and
rulings in states that have enacted the Uniform Condominium Act or any other
condominium statute that contains provisions similar to the provisions of this
chapter.
Subchapter II. Establishment of Condominiums.
Section 42-1902.01. Creation of condominiums; recordation of instruments; plats;
contiguity of units.
No condominium shall come into existence except by the recordation of
condominium instruments pursuant to the provisions of this chapter. No
condominium instruments shall be recorded unless all units located or to be
located on any portion of the submitted land, other than within the boundaries
of any convertible lands, are depicted on plats and plans that comply with the
provisions of subsections (a) and (b) of Section 42-1902.14. The foreclosure of
any mortgage, deed of trust or other lien shall not be deemed, ex proprio
vigore, to terminate the condominium.
Section 42-1902.02. Release of liens prior to conveyance of first unit;
exemption; liens for labor or material applied to individual units or common
areas; partial release.
(a)
At the time of the conveyance to the first purchaser of each condominium unit
following the recordation of the declaration, every mortgage, deed of trust, any
other perfected lien, or any mechanics' or materialmen's liens, affecting all of
the condominium or a greater portion thereof than the condominium unit conveyed,
shall be paid and satisfied of record, or the declarant shall forthwith have the
said condominium unit released of record from all such liens not so paid and
satisfied. The provisions of this subsection shall not apply, however, to any
withdrawable land in a contractable condominium, nor shall any provision of this
subsection be construed to prohibit the unit owners' association from mortgaging
or causing a deed of trust to be placed on any portion of the condominium within
which no units are located, so long as any time limit specified pursuant to
Section 42-1903.02 (a) has expired, and so long as the bylaws authorize the
same.
(b)
No labor performed or materials furnished with the consent of or at the request
of a unit owner or such unit owner's agent or contractor or subcontractor shall
be the basis for the filing of a lien pursuant to the provisions of Section
40-301.01 against the property of any unit owner not expressly consenting to the
same, except that such
consent shall be deemed to be given by any unit owner in the case of emergency
repairs to his unit. Labor performed or materials furnished for the common
elements, if duly authorized by the unit owners' association or its executive
board subsequent to any period of developer control pursuant to Section
42-1903.02(a), shall be deemed to be performed or furnished with the express
consent of every unit owner and shall be the basis for the filing of a lien
pursuant to the provisions of Section 40-301.01 against all of the condominium
units. Notice of such lien shall be served on the principal officer of the unit
owners' association or any member of the executive board.
(c) In the event that any lien, other than a deed of trust or mortgage, becomes
effective against 2 or more condominium units subsequent to the creation of the
condominium, any unit owner may remove such unit owner's condominium unit from
that lien by payment of the amount attributable to that condominium unit, or, in
the case of any mechanic's or materialman's lien, by filing a written
undertaking for such amount with surety approved by the court as provided in
Section 40- 303.16. Such amount shall be computed by reference to the liability
for common expenses appertaining to that condominium unit pursuant to Section
42-1903.12(c). Subsequent to such payment, discharge or other satisfaction, or
filing of bond, the unit owner of that condominium unit shall be entitled to
have that lien released as to such unit owner's condominium unit, and the unit
owners' association shall not assess, or have a valid lien against that
condominium unit for any portion of the common expenses incurred in connection
with that lien, notwithstanding anything to the contrary in Sections 42-1903.12
and 42-1903.13.
Section 42-1902.03. Description of condominium units; undivided interest in
common elements automatically included.
After the creation of the condominium, no description of a condominium unit
shall be deemed vague, uncertain, or otherwise insufficient or infirm which sets
forth the identifying number of that unit, the name of the condominium and the
instrument number and date of recordation of the declaration and the condominium
book and page number where the plats and plans are recorded. Any such
description shall be deemed to include the undivided interest in the common
elements appertaining to such unit even if such interest is not defined or
referred to therein.
Section 42-1902.04. Declaration, bylaws and amendments of each to be executed by
owners and lessees.
The declaration and bylaws, and any amendments of either made pursuant to
Section 42-1902.19, shall be executed by or on behalf of all of the owners and
lessees of the submitted land. But the phrase "owners and lessees" in the
preceding sentence and in Section 42-1902.19 does
not include, in their capacity as such, any mortgagee, any trustee or
beneficiary under a deed of trust, any other lien holder, any person having an
inchoate dower or curtesy interest, any person having an equitable interest
under any contract for the sale or lease of a condominium unit, or any lessee
whose leasehold interest does not extend to any portion of the common elements.
Section 42-1902.05. Recordation of condominium instruments; amendment and
certification thereof.
All amendments and certifications of the condominium instruments shall set forth
the instrument number and date of recordation of the declaration and, when
necessary, shall set forth the condominium book and page number where the plats
and plans are recorded. All condominium instruments and all amendments and
certifications thereof shall set forth the name and address of the condominium
and shall be so recorded. The Recorder of Deeds shall accept for recordation any
executed and acknowledged condominium instrument or any executed and
acknowledged amendment and certification without further review of a condominium
instrument or the imposition of any additional requirement.
Section 42-1902.06. Construction of terms in instruments; designation of unit
boundaries; division of property within and without unit boundary; common
element serving single unit.
Except to the extent otherwise provided by the condominium instruments:
(1)The terms defined in Section 42-1901.02 shall be deemed to have the meanings
therein specified wherever they appear in the condominium instruments unless the
context otherwise requires;
(2) To the extent that walls, floors, or ceilings are designated as the boundaries
of the units or of any specified units, all doors and windows therein, and all
lath, wallboard, plastering, and any other materials constituting any part of
the finished surfaces thereof, shall be deemed a part of such units, while all
other portions of such walls, floors, or ceilings shall be deemed a part of the
common elements;
(3) If any chutes, flues, ducts, conduits, wires, bearing walls, bearing columns, or
any other apparatus lies partially within and partially outside of the
designated boundaries of a unit, any portions thereof serving only that unit
shall be deemed a part of that unit, while any portions thereof serving more
than 1 unit or any portion of the common elements shall be deemed a part of the
common elements;
(4)
Subject to the provisions of paragraph (3) of this section, all space, interior
partitions, and other fixtures and improvements
within the boundaries of a unit shall be deemed a part of that unit;
(5) Any shutters, awnings, window boxes, doorsteps, porches, balconies, patios,
and any other apparatus designed to serve a single unit, but located outside the
boundaries thereof, shall be deemed a limited common element appertaining to
that unit exclusively.
Section 42-1902.07. Instruments construed together and incorporate one another;
when conflict arises.
The condominium instruments shall be construed together and shall be deemed to
incorporate one another to the extent that any requirement of this chapter as to
the content of one shall be deemed satisfied if the deficiency can be cured by
reference to any of the others. If any conflict exists among the condominium
instruments, the declaration controls, except that a construction consistent
with this chapter controls in all cases over any inconsistent construction.
Section 42-1902.08. Provisions of instrument severable; unlawful provisions
void; rule against perpetuities; restraints on alienation; unreasonable
restraints.
(a) All provisions of the condominium instruments shall be deemed severable, and any
unlawful provision thereof shall be void.
(b) No provision of the condominium instruments shall be deemed void by reason of
the rule against perpetuities.
(c)No restraint on alienation shall discriminate or be used to discriminate on the
basis of religious conviction, race, color, sex, or national origin. The
condominium instruments may provide, however, for restraints on use of some or
all of the units restricting the use of such units to persons meeting
requirements based upon age, sex, marital status, physical disability or, in
connection with programs of the federal or District of Columbia government,
income levels.
(d) Subject to the provisions of subsection (c) of this section, the rule of
property law known as the rule restricting unreasonable restraints on alienation
shall not be applied to defeat any provision of the condominium instruments
restraining the alienation of condominium units not restricted exclusively to
residential use.
(e) Title to a condominium unit and common elements is not rendered unmarketable or
otherwise affected by reason of an insubstantial failure of the condominium
instruments to comply with this chapter. Whether or not a substantial failure
impairs marketability is not affected by this chapter.
Section 42-1902.09. Compliance with condominium chapter and instruments.
Any lack of compliance with this chapter or with any lawful provision of the
condominium instruments shall be grounds for an action or suit to recover
damages or injunctive relief, or for any other available remedy maintainable by
the unit owners' association, the unit owners' association's executive board,
any managing agent on behalf of the unit owners' association, an aggrieved
person on his or her own behalf, or, in an otherwise proper case, as a class
action.
Section 42-1902.10. Contents of declaration; where condominium contains
convertible land; expandable, contractable and leasehold condominiums;
easements; additionally required descriptions.
(a) The declaration for every condominium shall contain:
(1)The name of the condominium, which name shall include the word "condominium" or
be followed by the words "a condominium";
(2) A legally sufficient description of the land submitted to this chapter;
(3)A description or delineation of the boundaries of the units, including the
horizontal (upper and lower) boundaries, if any, as well as the vertical
(lateral or perimetric) boundaries;
(4)A description or delineation of any limited common elements not covered by
Section 42-1902.06(5), showing or designating the unit or units to which each is
assigned;
(5)A description or delineation of all common elements not within the boundaries of
any convertible lands which may subsequently be assigned as limited common
elements, together with a statement that they may be so assigned and a
description of the method whereby any such assignments shall be made in
accordance with the provisions of Section 42-1902.13. The description of the
method whereby an assignment shall be made shall include the following
information:
(A)The name of any person who may assign the limited common elements;
(B) The name of any person who must execute the assignment;
(C) Whether or not the deed to a condominium unit will reflect the assignment, if
previously made; and
(D) If there is any limited common expense payable by the unit
owners of a condominium unit to which the limited common elements pertain;
(6)The allocation to each unit of an undivided interest in the common elements in
accordance with the provisions of Section 42-1902.11; and
(7) Such other matters as the declarant deems appropriate.
(b)If the condominium contains any convertible land the declaration shall also
contain:
(1) A legally sufficient description of each convertible land within the
condominium;
(2)A statement of the maximum number of units that may be created within each such
convertible land;
(3)A statement, with respect to each such convertible land, of the maximum
percentage of the aggregate land and floor area of all units that may be created
therein that may be occupied by units not restricted exclusively to residential
use;
(4)A statement of the extent to which any structure erected on any convertible land
will be compatible with structures on other portions of the submitted land in
terms of quality of construction, the principal materials to be used and
architectural style;
(5)A description of all other improvements that may be made in each convertible
land within the condominium;
(6)A statement that any units created within each convertible land will be
substantially identical to the units on other portions of the submitted land, or
a statement describing in detail what other types of units may be created
therein; and
(7)A description of the declarant's reserved right, if any, to create limited
common elements within any convertible land, or to designate common elements
therein which may subsequently be assigned as limited common elements, in terms
of the types, sizes, and maximum number of such elements within each such
convertible land; Provided, that the plats and plans recorded pursuant to
subsections (a) and (b) of Section 42-1902.14 may be used to supplement
information furnished pursuant to paragraphs (1), (4), (5), (6), and (7) of this
subsection, and that paragraph (3) of this subsection need not be complied with
if none of the units on other portions of the submitted land are restricted
exclusively to residential use.
(c)If the condominium is an expandable condominium the declaration shall also
contain:
(1)The explicit reservation of an option to expand the condominium;
(2)A statement of any limitations on that option, including, without limitation, a
statement as to whether the consent of any unit owners shall be required, and if
so, a statement as to the method whereby such consent shall be ascertained; or a
statement that there are no such limitations;
(3)A time limit, not exceeding 5 years from the recording of the declaration, upon
which the option to expand the condominium shall expire, together with a
statement of the circumstances, if any, which will terminate that option prior
to the expiration of the time limit so specified;
(4)A legally sufficient description of all land that may be added to the
condominium, henceforth referred to as "additional land";
(5)A statement as to whether, if any of the additional land is added to the
condominium, all of it or any particular portion of it must be added, and if
not, a statement of any limitations as to what portions may be added or a
statement that there are no such limitations;
(6)A statement as to whether portions of the additional land may be added to the
condominium at different times, together with any limitations fixing the
boundaries of those portions by legally sufficient descriptions regulating the
order in which they may be added to the condominium;
(7)A statement of any limitations as to the locations of any improvements that may
be made on any portions of the additional land added to the condominium, or a
statement that no assurances are made in that regard;
(8) A statement of the maximum number of units that may be created on the additional
land. If portions of the additional land may be added to the condominium and the
boundaries of those portions are fixed in accordance with paragraph (6) of this
subsection, the declaration shall also state the maximum number of units that
may be created on each portion added to the condominium. If portions of the
additional land may be added to the condominium and the boundaries of those
portions are not fixed in accordance with paragraph (6) of this subsection, then
the declaration shall also state the maximum number of units per acre that may
be created on any such portion added to the condominium;
(9)A statement, with respect to the additional land and to any portion or portions
thereof that may be added to the condominium, of the maximum percentage of the
aggregate land and floor area of all units that may be created thereon that may
be occupied by units not restricted exclusively to residential use;
(10)A statement of the extent to which any structures erected on any portion of the
additional land added to the condominium will be compatible with structures on
the submitted land in terms of quality of construction, the principal materials
to be used, and architectural style, or a statement that no assurances are made
in those regards;
(11)A description of all other improvements that will be made on any portion of the
additional land added to the condominium, or a statement of any limitations as
to what other improvements may be made thereon, or a statement that no
assurances are made in that regard;
(12)A statement that any units created on any portion of the additional land added
to the condominium will be substantially identical to the units on the submitted
land, or a statement of any limitations as to what types of units may be created
thereon, or a statement that no assurances are made in that regard; and
(13)A description of the declarant's reserved right, if any, to create limited
common elements within any portion of the additional land added to the
condominium, or to designate common elements therein which may subsequently be
assigned as limited common elements, in terms of the types, sizes, and maximum
number of such elements within each such portion, or a statement that no
assurances are made in those regards; provided, that the plats and plans
recorded pursuant to subsections (a) and (b) of Section 42-1902.14 may be used
to supplement information furnished pursuant to paragraphs (4), (5), (6), (7),
(10), (11), (12) and (13) of this subsection, and that paragraph (9) of this
subsection need not be complied with if none of the units on the submitted land
is restricted exclusively to residential use.
(d)If the condominium is a contractable condominium the declaration shall also
contain:
(1)
The explicit reservation of an option to contract the condominium;
(2)A statement of any limitations on that option, including, without limitation, a
statement as to whether the consent of any unit owners shall be required, and if
so, a statement as to the method whereby such consent shall be ascertained; or a
statement that there are no such limitations;
(3)A time limit, not exceeding 5 years from the recording of the declaration, upon
which the option to contract the condominium shall expire, together with a
statement of the circumstances, if any, which will terminate that option prior
to the expiration of the time limit so specified;
(4)A legally sufficient description of all land that may be withdrawn from the
condominium, henceforth referred to as "withdrawable land";
(5)A statement as to whether portions of the withdrawable land may be withdrawn
from the condominium at different times, together with any limitations fixing
the boundaries of those portions by legally sufficient descriptions clearly
delineating such portions and regulating the order in which such portions may be
withdrawn from the condominium; and
(6)A legally sufficient description of all of the submitted land to which the
option to contract the condominium does not extend; Provided, that the plats
recorded pursuant to Section 42-1902.14(a) may be used to supplement information
furnished pursuant to paragraphs (4),
(5) and (6) of this subsection, and that paragraph (6) of this subsection shall not
be construed in derogation of any right the declarant may have to terminate the
condominium in accordance with the provisions of Section 42-1902.27.
(e) If the condominium is a leasehold condominium, then with respect to any ground
lease or other leases the expiration or termination of which will or may
terminate or contract the condominium, the declaration shall set forth:
(1)
The instrument number and date of recordation of each such lease;
(2) The date upon which each such lease is due to expire and the rights, if any, to
renew such lease and the conditions pertaining to any such renewal;
(3) statement as to whether any land or improvements, or both, will be owned by
the unit owners in fee simple, and if so, either:
(A) A description of the same, including without limitation a legally sufficient
description of any such land; or
(B)A statement of any rights the unit owners shall have to remove such improvements
within a reasonable time after the expiration or termination of the lease or
leases involved, or a statement that they shall have no such rights; and
(4)A statement of the rights the unit owners shall have to redeem the reversion or
any of the reversions, or a statement that they shall have no such rights;
Provided, that after the recording of the declaration, no lessor who executed
the same, and no successor in interest to such lessor, shall have any right or
power to terminate any part of the leasehold interest of any unit owner who
makes timely payment of his share of the rent to the person or persons
designated in the declaration for the receipt of such rent and who otherwise
complies with all covenants which, if violated, would entitle the lessor to
terminate the lease. Acquisition or reacquisition of such a leasehold interest
by the owner of the reversion or remainder shall not cause a merger of the
leasehold and fee simple interests unless all leasehold interests in the
condominium are thus acquired or reacquired.
(f) Wherever this section requires a legally sufficient description of land that is
submitted to this chapter or that may be added to or withdrawn from the
condominium, such requirement shall be deemed to require a legally sufficient
description of any easements that are submitted to this chapter or that may be
added to or withdrawn from the condominium, as the case may be. In the case of
each such easement, the declaration shall contain:
(1) A description of the permitted use or uses;
(2) If less than all of those entitled to the use of all the units may utilize such
easement, a statement of the relevant restrictions and limitations on
utilization; and
(3) If any persons other than those entitled to the use of the units may utilize
such easement, a statement of the rights of others to utilization of the same.
(g) Wherever this section requires a legally sufficient description of land that is
submitted to this chapter or that may be added to or withdrawn from the
condominium, an added requirement shall be a separate legally sufficient
description of all lands in which the unit owners shall or may be tenants in
common or joint tenants with any other persons, and a separate legally
sufficient description of all lands in which the unit owners shall or may be
life tenants. No units shall be situated on any such lands, however, and the
declaration shall describe the nature of the unit owners' estates therein. No
such lands shall be shown on the same plat or plats showing other portions of
the condominium, but shall be shown instead on separate plats.
Section 42-1902.11. Allocation of interests in common elements; proportionate or
equal shares; statement in declaration; no alteration nor disposition without
unit; no partition.
(a) The declaration may allocate to each unit depicted on plats and plans that
comply with subsections (a) and (b) of Section 42-1902.14 an undivided interest
in the common elements proportionate to either the size or par value of each
unit.
(b)
Otherwise, the declaration shall allocate to each such unit an equal undivided
interest in the common elements, subject to the following exception: Each
convertible space so depicted shall be allocated an undivided interest in the
common elements proportionate to the size of each such space, vis-a-vis the
aggregate size of all units so depicted, while the remaining undivided interest
in the common elements shall be allocated equally to the other units so
depicted.
(c) The undivided interests in the common elements allocated in accordance with
subsection (a) or (b) of this section shall add up to 1 if stated as fractions
or 100% if stated as percentages.
(d) If, in accordance with subsection (a) or (b) of this section, an equal undivided
interest in the common elements is allocated to each unit, the declaration may
simply state that fact and need not express the fraction or percentage so
allocated.
(e) Otherwise, the undivided interest allocated to each unit in accordance with
subsection (a) or (b) of this section shall be reflected by a table in the
declaration, or by an exhibit or schedule accompanying the declaration and
recorded simultaneously therewith, containing 3 columns. The first column shall
identify the units, listing them serially or grouping them together in the case
of units to which identical undivided interests are allocated. Corresponding
figures in the second and third columns shall set forth the respective areas or
par values of those units and the fraction or percentage of undivided interest
in the common elements allocated thereto.
(f) Except to the extent otherwise expressly provided by this chapter, the undivided
interest in the common elements allocated to any unit shall not be altered, and
any purported transfer, encumbrance, or other disposition of that interest
without the unit to which it appertains shall be void.
(g) The common elements shall not be subject to any suit for partition until and
unless the condominium is terminated.
Section 42-1902.12. Allocation where condominium expandable or contains
convertible land; reallocation following addition of land; there all convertible
space converted to common elements; effect of reduction in number of units.
(a)
If a condominium contains any convertible land or is an expandable condominium,
then the declaration shall not allocate undivided interests in the common
elements on the basis of par value unless the declaration:
(1)Prohibits the creation of any units not substantially identical to the units
depicted on the plats and plans recorded pursuant to subsections (a) and (b) of
Section 42-1902.14; or
(2)Prohibits the creation of any units not described pursuant to Section
42-1902.10(b)(6) (in the case of convertible lands) or Section 42-1902.10(c)(12)
(in the case of additional land), and contains from the outset a statement of
the par value that shall be assigned to every such unit that may be created.
(b)No allocation of interests in the common elements to any units created within
any convertible land or within any additional land shall be effective until
plats and plans depicting such units are recorded pursuant to Section
42-1902.14(c). The declarant shall reallocate the undivided interests in the
common elements so that the units within the convertible land or additional land
shall be allocated undivided interests in the common elements on the same basis
as the units depicted on the plats and plans recorded pursuant to subsections
(a) and (b) of Section 42-1902.14. Promptly upon recording the amendment to the
declaration, the declarant shall record an amendment to the plats and plans
depicting the units created within the convertible land or additional land.
(c) If all of a convertible space is converted into common elements, then the
undivided interest in the common elements appertaining to such space shall
thenceforth appertain to the remaining units, being allocated among them in
proportion to their undivided interests in the common elements. The principal
officer of the unit owners' association, or such other officer or officers as
the condominium instruments may specify, shall forthwith prepare, execute, and
record an amendment to the declaration reflecting the reallocation of undivided
interests produced thereby.
(d) In the case of a leasehold condominium, if the expiration or termination of any
lease causes a contraction of the condominium which reduces the number of units,
then the undivided interest in the common elements appertaining to any units
thereby withdrawn from the condominium shall thenceforth appertain to the
remaining units, being
allocated among them in proportion to their undivided interests in the common
elements. The principal officer of the unit owners' association, or such other
officer or officers as the condominium instruments may specify, shall forthwith
prepare, execute, and record an amendment to the declaration reflecting the
reallocation of undivided interests produced thereby.
Section 42-1902.13. Assignments of limited common elements; method of
reassignment; amendment of instruments and recordation thereof.
(a) All assignments and reassignments of limited common elements shall be reflected
by the condominium instruments. No limited common element shall be assigned or
reassigned except in accordance with the provisions of this chapter. No
amendment to any condominium instrument shall alter any rights or obligations
with respect to any limited common elements without the consent of all unit
owners adversely affected thereby as evidenced by their execution of such
amendment, except to the extent that the condominium instrument expressly
provided otherwise prior to the first assignment of that limited common element.
(b) Unless expressly prohibited by the condominium instruments, a limited common
element may be reassigned upon written application of the condominium unit
owners concerned to the principal officer of the unit owners' association or to
any officer the condominium instruments may specify. The officer to whom the
application is made shall prepare and execute an amendment to the condominium
instruments that reassigns any right or obligation with respect to the limited
common element involved. The amendment shall be executed by the unit owners of
the condominium units concerned and shall be recorded by the unit owners'
association upon payment by the unit owners of reasonable costs for preparation
and acknowledgment of the amendment.
(c) A common element not previously assigned as a limited common element shall be
assigned only pursuant to Section 42-1902.10(a)(5). The assignment shall be made
as follows:
(1)If the assignment is made by the declarant, the amendment to the declaration
that makes an assignment shall be prepared, executed, and recorded by the
declarant and a copy sent to the unit owners' association. Unless the
declaration provides otherwise, the amendment shall be executed by the
condominium unit owner of the unit concerned. The recordation of an amendment
shall be conclusive evidence of compliance with the method prescribed by Section
42-1902.10(a)(5).
(2)If the assignment is made by the unit owners' association, the amendment to the
declaration that makes an assignment shall be prepared and executed by the
principal officer of the unit owners' association or any other officer the
condominium instruments may
specify. An amendment shall be executed by the condominium unit owner of the
unit concerned, and upon payment by the unit owner for the reasonable costs for
the preparation and acknowledgment of the amendment, the amendment shall be
recorded by the unit owners' association. The recordation of an amendment shall
be conclusive evidence of compliance with the method prescribed by Section 42-
1902.10(a)(5).
(3) Any assignment made prior to March 8, 1991, shall be considered valid if the
assignment would be permitted pursuant to this section.
Section 42-1902.14. Recordation of plat and plans; contents; certification; when
new plat, survey, and recordation necessary; provisions applicable to limited
common elements; filing with Office of Surveyor.
(a) There shall be recorded promptly upon recordation of the declaration, 1 or more
plats of survey showing the location and dimensions of the submitted land, the
location and dimensions of any convertible lands within the submitted land, the
location and dimensions of any existing improvements, the intended location and
dimensions of any contemplated improvements which are to be located on any
portion of the submitted land other than within the boundaries of any
convertible lands, and, to the extent feasible, the location and dimensions of
all easements appurtenant to the submitted land or otherwise submitted to this
chapter as a part of the common elements. If the submitted land is not
contiguous, then the plats shall indicate the distances between the parcels
constituting the submitted land. The plats shall label every convertible land as
a convertible land, and if there be more than 1 such land the plats shall label
each such land with 1 or more letters or numbers, or both, different from those
designating any other convertible land and different also from the identifying
number of any unit. The plats shall show the location and dimensions of any
withdrawable lands, and shall label each such land with 1 or more letters or
numbers, or both, different from those designating any other convertible land
and different also from the identifying number of any unit. The plats shall show
the location and dimensions of any withdrawable lands, and shall label each such
land as a withdrawable land. If, with respect to any portion or portions, but
less than all, of the submitted land, the unit owners are to own only an estate
for years, the plats shall show the location and dimensions of any such
portions, and shall label each such portion as a leased land. If there is more
than 1 withdrawable land, or more than 1 leased land, the plats shall label each
such land with 1 or more letters or numbers, or both, different from those
designating any convertible land or other withdrawable or leased land, and
different also from the identifying number of any unit. The plats shall show all
easements to which the submitted land or any portion thereof is subject,
and shall show the location and dimensions of all such easements to the extent
feasible. The plats shall also show all encroachments by or on any portion of
the condominium. In the case of any improvements located or to be located on any
portion of the submitted land other than within the boundaries of any
convertible lands, the plats shall indicate which, if any, have not been begun
by the use of the phrase "not yet begun," and which, if any, have been begun but
have not been substantially completed by the use of the phrase "not yet
completed." In the case of any units the vertical boundaries of which lie wholly
or partially outside of structures for which plans pursuant to subsection (b) of
this section are simultaneously recorded, the plats shall show the location and
dimensions of such vertical boundaries to the extent that they are not shown on
such plans, and the units or portions thereof thus depicted shall bear their
identifying numbers. Each plat shall be certified as to its accuracy and
compliance with the provisions of this subsection by a registered land surveyor,
and the said surveyor shall certify that all units or portions thereof depicted
thereon pursuant to the preceding sentence of this subsection have been
substantially completed. The specification within this subsection of items that
shall be shown on the plats shall not be construed to mean that the plats shall
not also show all other items customarily shown or hereafter required for land
title surveys.
(b) There shall also be recorded, promptly upon recordation of the declaration,
plans of every structure which contains or constitutes all or part of any unit
or units, and which is located on any portion of the submitted land other than
within the boundaries of any convertible lands. The plans shall show the
location and dimensions of the vertical boundaries of each unit to the extent
that such boundaries lie within or coincide with the boundaries of such
structures, and the units or portions thereof thus depicted shall bear their
identifying numbers. In addition, each convertible space thus depicted shall be
labeled a convertible space. The horizontal boundaries of each unit having hori-
zontal boundaries shall be identified on the plans with reference to established
datum. Unless the condominium instruments expressly provide otherwise, it shall
be presumed that in the case of any unit not wholly contained within or
constituting 1 or more such structures, the horizontal boundaries thus
identified extend, in the case of each such unit, at the same elevation with
regard to any part of such unit lying outside of such structures, subject to the
following exception: in the case of any such unit which does not lie over any
other unit other than basement units, it shall be presumed that the lower
horizontal boundary, if any, of that unit lies at the level of the ground with
regard to any part of that unit lying outside of such structures. The plans
shall be certified as to their accuracy and compliance with the provisions of
this subsection by a registered architect or registered engineer, and the said
architect or engineer shall certify that all units or portions thereof depicted
thereon have been substantially completed.
(c) When converting all or any portion of any convertible land, or adding additional
land to an expandable condominium, the declarant shall record new plats of
survey conforming to the requirements of subsection (a)of this section. In any case where less than all of a convertible land is being
converted, such plats shall show the location and dimensions of the remaining
portion or portions of such land in addition to otherwise conforming with the
requirements of subsection (a) of this section. At the same time, the declarant
shall record, with regard to any structures on the land being converted, or
added, either plans conforming to the requirements of subsection (b) of this
section, or certifications, conforming to the certification requirements of said
subsection, of plans previously recorded pursuant to Section 42-1902.15.
(d) When converting all or any portion of any convertible space into 1 or more units
or limited common elements, the declarant shall record, with regard to the
structure or portion thereof constituting that convertible space, plans showing
the location and dimensions of the vertical boundaries of each unit or limited
common elements formed out of such space. Such plans shall be certified as to
their accuracy and compliance with the provisions of this subsection by a
registered architect or registered engineer.
(e) For the purposes of subsections (a), (b), and (c) of this section, all
provisions and requirements relating to units shall be deemed equally applicable
to limited common elements. The limited common elements shall be labeled as
such, and each limited common element depicted on the plats and plans shall bear
the identifying number or numbers of the unit or units to which it is assigned,
if it has been assigned, unless the provisions of Section 42-1902.06(5) make
such designations unnecessary.
(f) The Office of the Surveyor shall receive plats and plans filed pursuant to this
chapter. Unless such plats and plans are filed pursuant to Section 42-1902.15,
the Office of the Surveyor shall ascertain whether such plats and plans contain
the certification required by subsections (a) and (b) of this section. If plats
and plans are filed pursuant to Section 42-1902.15 or if plats and plans are
filed with the required certification, the Office of the Surveyor shall record
such plats and plans without further certification or review. If plats and plans
filed pursuant to Section 42-1902.15 are thereafter certified as required by
this section, the Office of the Surveyor shall record such certification with
such plats and plans without further certification or review.
Section 42-1902.15. Preliminary recordation of plans.
Plans previously recorded pursuant to the provisos set forth in subsections (b)
and (c) of Section 42-1902.10 may be used in lieu of new plans to satisfy in whole or in part the requirements of Sections 42-
1902.12(b), 42-1902.17(b) and 42-1902.19 if certifications thereof are recorded
by the declarant in accordance with Section 42-1902.14(b); and if such
certifications are so recorded, the plans which they certify shall be deemed
recorded pursuant to Section 42-1902.14(c) within the meaning of the 3 sections
aforesaid.
Section 42-1902.16. where liability not relieved. Easement for encroachments and support;
(a) To the extent that any unit or common element encroaches on any other unit or
common element, whether by reason of any deviation from the plats and plans in
the construction, repair, renovation, restoration, or replacement of any
improvement, or by reason of the settling or shifting of any land or
improvement, a valid easement for such encroachment shall exist; Provided,
however, such easement shall not relieve unit owners of liability in cases of
willful and intentional misconduct by them or their agents or employees, nor
shall the declarant or any contractor, subcontractor, or materialman be relieved
of any liability which any of them may have by reason of any failure to adhere
strictly to the plats and plans.
(b) Each unit and common element shall have an easement for support from every other
unit and common element.
Section 42-1902.17. Conversion of convertible lands; recordation of appropriate
instruments; character of convertible land; tax liability; time limitation on
conversion.
(a) The declarant may convert all or any portion of any convertible land into 1 or
more units or common elements, or both, subject to any restrictions and
limitations which the condominium instruments may specify. Any such conversion
shall be deemed to have occurred at the time of the recordation of appropriate
instruments pursuant to subsection (b) of this section and Section 42-1902.14(c).
(b) The declarant shall prepare, execute, and record an amendment to the declaration
describing the conversion. Such amendment shall assign an identifying number to
each unit formed out of a convertible land and shall reallocate undivided
interests in the common elements in accordance with Section 42-1902.12(b). Such
amendment shall describe or delineate the limited common elements formed out of
the convertible land, showing or designating the unit or units to which each is
assigned.
(c) All convertible lands shall be deemed a part of the common elements except for
such portions thereof as are converted in accordance with the provisions of this
section. Until the expiration of the period during which conversion may occur or until actual conversion, whichever occurs
first, real estate taxes shall be assessed against the declarant rather than the
unit owners as to both the convertible land and any improvements thereon. No
such conversion shall occur after 5 years from the recordation of the
declaration, or such shorter period of time as the declaration may specify.
Section 42-1902.18. Conversion of convertible spaces; amendment of declaration
and bylaws; recordation; status of convertible space not converted.
(a) The declarant may convert all or any portion of any convertible space into 1 or
more units or common elements, or both, including without limitation, limited
common elements, subject to any restrictions and limitations which the
condominium instruments may specify. Any such conversion shall be deemed to have
occurred at the time of the recordation of appropriate instruments pursuant to
subsection (b) of this section and Section 42-1902.14(d).
(b) Simultaneously with the recording of plats and plans pursuant to Section
42-1902.14(d), the declarant shall prepare, execute, and record an amendment to
the declaration describing the conversion. Such amendment shall assign an
identifying number to each unit formed out of a convertible space and shall
allocate to each unit a portion of the undivided interest in the common elements
appertaining to that space. Such amendment shall describe or delineate the
limited common elements formed out of the convertible space, showing or
designating the unit or units to which each is assigned.
(c) If all or any portion of any convertible space is converted into 1 or more units
in accordance with this section, the declarant shall prepare, execute, and
record simultaneously with the amendment to the declaration, an amendment to the
bylaws. The amendment to the bylaws shall reallocate votes in the unit owners'
association, rights to future common profits, and liabilities for future common
expenses not specially assessed, all as in the case of the subdivision of a unit
in accordance with Section 42-1902.26(d).
(d) Any convertible space not converted in accordance with the provisions of this
section, or any portion or portions thereof not so converted, shall be treated
for all purposes as a single unit until and unless it is so converted, and the
provisions of this chapter shall be deemed applicable to any such space, or
portion or portions thereof, as though the same were a unit.
Section 42-1902.19. Expansion of condominiums; amendment of declaration;
recordation; reallocation of interests in common elements.
No condominium shall be expanded except in accordance with the provisions of the
declaration and of this chapter. Any such expansion shall be deemed to have
occurred at the time of the recordation of plats and plans pursuant to Section
42-1902.14(c) and the recordation of an amendment to the declaration, duly
executed by the declarant, including, without limitation, all of the owners and
lessees of the additional land added to the condominium. Such amendment shall
contain a legally sufficient description of the land added to the condominium,
and shall reallocate undivided interests in the common elements in accordance
with the provisions of Section 42-1902.12(b). Such amendment may create
convertible or withdrawable lands within the land added to the condominium, but
this provision shall not be construed in derogation of the time limits imposed
by or pursuant to Sections 42-1902.10(d)(3) and 42-1902.17 (c).
Section 42-1902.20. Contraction of condominiums; amendment of declaration;
recordation; withdrawal of land after conveyance of unit.
No condominium shall be contracted except in accordance with the provisions of
the declaration and of this chapter. Any such contraction shall be deemed to
have occurred at the time of the recordation of an amendment to the declaration,
executed by the declarant, containing a legally sufficient description of the
land withdrawn from the condominium. If portions of the withdrawable land were
described pursuant to Section 42-1902.10(d)(5), then no such portion shall be so
withdrawn after the conveyance of any unit on such portion. If no such portions
were described, then none of the withdrawable land shall be withdrawn after the
first conveyance of any unit thereon.
Section 42-1902.21. Declarant's easement over common elements for purpose of
improvements, etc.
Subject to any restrictions and limitations the condominium instruments may
specify, the declarant shall have a transferable easement over and on the common
elements for the purpose of making improvements on the submitted land and any
additional land pursuant to the provisions of those instruments and of this
chapter, and for the purpose of doing all things reasonably necessary and proper
in connection therewith.
Section 42-1902.22. Sales offices, model units, etc.; authorization; when become
common elements.
The declarant and the declarant's authorized agents, representatives, and
employees may maintain sales offices, management offices, and model units on the submitted land if and only if the condominium
instruments provide for the same and specify the rights of the declarant with
regard to the number, size, location, and relocation thereof. Any such sales
office, management office, or model unit which is not designated a unit by the
condominium instruments shall become a common element as soon as the declarant
ceases to be a unit owner, and the declarant shall cease to have any rights with
regard thereto unless such sales office, management office, or model unit is
removed forthwith from the submitted land in accordance with a right reserved in
the condominium instruments to make such removal.
Section 42-1902.23. Representations or commitments relating to additional or
withdrawable land; declarant's obligation to complete or begin improvements
designed for such; liability for damages arising out of use of certain
easements. easements.
(a) No covenants, restrictions, limitations, or other representations or commitments
in the condominium instruments with regard to anything that is or is not to be
done on the additional land, the withdrawable land, or any portion of either,
shall be binding as to any portion of either lawfully withdrawn from the
condominium or never added thereto except to the extent that the condominium
instruments so provide. In the case of any covenant, restriction, limitation, or
other representation or commitment in the condominium instruments, or in any
other agreement that requires the declarant to add any portion of the additional
land or to withdraw any portion of the withdrawable land, or imposing any
obligations with regard to anything that is or is not to be done with regard to
the condominium or any portion of the condominium, this subsection shall not be
construed to nullify, limit, or otherwise affect that obligation.
(b) The declarant shall complete all improvements labeled "not yet completed" on
plats recorded pursuant to the requirements of this chapter unless the
condominium instruments expressly exempt the declarant from such obligation, and
shall, in the case of every improvement labeled "not yet begun" on such plats,
state in the declaration either the extent of the obligation to complete the
same or that there is no such obligation.
(c) To the extent that damage is inflicted on any part of the condominium by any
person or persons utilizing the easements reserved by the condominium
instruments or created by Sections 42-1902.21 and 42- 1902.22, the declarant
together with the person or persons causing the same shall be jointly and
severally liable for the prompt repair thereof and for the restoration of the
same to a condition compatible with the remainder of the condominium.
Section 42-1902.24. Improvements or alterations within unit; exterior appearance
not to be changed; merger of adjoining units.
(a) Except to the extent prohibited by the condominium instruments, and subject to
any restrictions and limitations specified therein, any unit owner may make any
improvements or alterations within his unit that do not impair the structural
integrity of any structure or otherwise lessen the support of any portion of the
condominium. But no unit owner shall do anything which would change the exterior
appearance of his unit or of any other portion of the condominium except to such
extent and subject to such conditions as the condominium instruments may
specify.
(b) Except to the extent prohibited by the condominium instruments, and subject to
any restrictions and limitations specified therein, if a unit owner acquires an
adjoining unit, or an adjoining part of an adjoining unit, then such unit owner
shall have the right to remove all or part of any intervening partition or to
create doorways or other apertures therein, notwithstanding the fact that such
partition may in whole or in part be a common element, so long as no portion of
any bearing wall or bearing column is weakened or removed and no portion of any
common element other than that partition is damaged, destroyed, or endangered.
Such creation of doorways or other apertures shall not be deemed an alteration
of boundaries within the meaning of Section 42- 1902.25.
Section 42-1902.25. Relocation of boundaries between units; when permitted;
written application; amendment of declaration and bylaws; reallocation of common
elements; altered maps and plans; recordation and effect thereof; scope of
provisions.
(a)(1) If the condominium instruments expressly permit the relocation of
boundaries between adjoining units, then the boundaries between such units may
be relocated in accordance with:
(A) The provisions of this section; and
(B) Any restrictions and limitations not otherwise unlawful which the condominium
instruments may specify.
(2) The boundaries between adjoining units shall not be relocated unless the
condominium instruments expressly permit it.
(b) If the unit owners of adjoining units whose mutual boundaries may be relocated,
desire to relocate such boundaries, then the principal officer of the unit
owners' association, or such other officer or officers as the condominium
instruments may specify, shall, upon written application of such unit owners,
forthwith prepare and execute the appropriate instruments pursuant to
subsections (c), (d) and (e) of this section.
(c) An amendment to the declaration shall identify the units involved and shall
state that the boundaries between those units are being relocated by agreement
of the unit owners thereof, which amendment shall contain words of conveyance
between those unit owners. If the unit owners of the units involved have
specified in their written application, a reasonable reallocation as between the
units involved of the aggregate undivided interest in the common elements
appertaining to those units, the amendment to the declaration shall reflect that
reallocation.
(d) If the unit owners of the units involved have specified in their written
application reasonable allocations as between the units involved of the
aggregate number of votes in the unit owners' association, rights to future
surplus funds, or liabilities for future common expenses not specially assessed,
then an amendment to the bylaws shall reflect any such reallocations.
(e)Such plats and plans as may be necessary to show the altered boundaries between
the units involved together with their other boundaries shall be prepared, and
the units depicted thereon shall bear their identifying numbers. Such plats and
plans shall indicate the new dimensions of the units involved, and any change in
the horizontal boundaries of either as a result of the relocation of their
boundaries shall be identified with reference to established datum. Such plats
and plans shall be certified as to their accuracy and compliance with the
provisions of this subsection:
(1) By a registered land surveyor in the case of any plat; and
(2)By a registered architect or registered engineer in the case of any plan.
(f)If appropriate instruments in accordance with the preceding subsections have
been prepared, executed, and acknowledged, the instruments shall be executed and
acknowledged by the unit owners of the units concerned and, upon payment by the
unit owners of reasonable costs for the preparation and acknowledgment of the
instruments, the instruments shall be recorded by the unit owners' association.
The instruments shall become effective upon recordation and the recordation
shall be conclusive evidence that the relocation of boundaries effectuated is
not a violation of any restriction or limitation speci- fied by the condominium
instruments and that any reallocation made pursuant to subsections (c) and (d)
of this section are reasonable.
(g) Any relocation of boundaries between adjoining units shall be governed by this
section and not by Section 42-1902.26. Section 42-
1902.26 shall apply only to such subdivisions of units as are intended to result
in the creation of 2 or more units in place of the subdivided unit.
Section 42-1902.26. Subdivision of units; when permitted; written application;
amendment of declaration and bylaws; reallocation of common elements; altered
maps and plans; recordation and effect thereof; scope of provisions.
(a)(1) If the condominium instruments expressly permit the subdivision of any
units; then such units may be subdivided in accordance with:
(A) The provisions of this section; and
(B) Any restrictions and limitations not otherwise unlawful which the condominium
instruments may specify.
(2)No unit shall be subdivided unless the condominium instruments expressly permit
it.
(b) If the unit owner of any unit which may be subdivided desires to subdivide such
unit, then the principal officer of the unit owners' association, or such other
officer or officers as the condominium instruments may specify, shall, upon
written application of the subdivider, as such unit owner shall henceforth be
referred to in this section, forthwith prepare and execute appropriate
instruments pursuant to subsections (c), (d) and (e) of this section.
(c) An amendment to the declaration shall assign new identifying numbers to the new
units created by the subdivision of a unit and shall allocate to those units, on
a reasonable basis acceptable to the subdivider, all of the undivided interest
in the common elements appertaining to the subdivided unit. The new units shall
jointly share all rights, and shall be equally liable jointly and severally for
all obligations, with regard to any limited common elements assigned to the
subdivided unit except to the extent that the subdivider may have specified in
his written application that all or any portions of any limited common elements
assigned to the subdivided unit exclusively should be assigned to 1 or more, but
less than all of the new units, in which case the amendment to the declaration
shall reflect the desires of the subdivider as expressed in such written
application.
(d) An amendment to the bylaws shall allocate to the new units, on a reasonable
basis acceptable to the subdivider, the votes in the unit owners' association
allocated to the subdivided unit, and shall reflect a proportionate allocation
to the new units of the liability for common expenses and rights to common
profits formerly appertaining to the subdivided unit.
(e) Such plats and plans as may be necessary to show the boundaries separating the
new units together with their other boundaries shall be prepared, and the new
units depicted thereon shall bear their new identifying numbers. Such plats and
plans shall indicate the dimensions of the new units, and the horizontal
boundaries thereof, if any, shall be identified thereon with reference to
established datum. Such plats and plans shall be certified as to their accuracy
and compliance with the provisions of this subsection:
(1) By a registered land surveyor in the case of any plat; and
(2) By a registered architect or registered engineer in the case of any plan.
(f) If appropriate instruments in accordance with the preceding subsections of this
section have been prepared, executed, and acknowledged, the instruments shall be
executed by the subdivider and, upon payment by the subdivider of reasonable
costs for the preparation and acknowledgment of the instrument, shall be
recorded by the unit owners' association. The instruments shall become effective
upon recordation and the recordation shall be conclusive evidence that the
subdivision effectuated is not a violation of any restriction or limitation
specified by the condominium instruments and that any reallocations made
pursuant to subsections (c) and (d) of this section are reasonable.
(g) Notwithstanding the provisions of Sections 42-1901.03 and 42- 1902.18(d), this
section shall have no application to convertible spaces, and no such space shall
be deemed a unit for the purposes of this section. However, this section shall
apply to any units formed by the conversion of all or any portion of any such
space, and any such unit shall be deemed a unit for the purposes of this
section.
Section 42-1902.27. Amendment of instruments.
(a) If there is no unit owner other than the declarant, the declarant may
unilaterally amend the condominium instruments, and the amendment shall become
effective upon recordation if the amendment has been executed by the declarant.
This section shall not be construed to nullify, limit, or otherwise affect the
validity or enforceability of any agreement renouncing or to renounce, in whole
or in part, the right conferred by this section.
(b) If any of the units in the condominium are restricted exclusively to residential
use and there is any unit owner other than the declarant, the condominium
instruments shall be amended only by agreement of unit owners of units to which 2/3 of the votes in the unit owners'
association pertain, or any larger majority that the condominium instruments may
specify, except in cases for which this chapter provides different methods of
amendment. If none of the units in the condominium is restricted exclusively to
residential use, the condominium instruments may specify a majority smaller than
the minimum specified in the preceding sentence.
(c) An action to challenge the validity of an amendment adopted by the unit owners'
association pursuant to this section may not be brought more than 1 year after
the amendment is recorded.
(d)Any amendment to the condominium instruments required by this chapter to be
recorded by the unit owners' association shall be prepared, executed, recorded,
and certified on behalf of the unit owners' association by any officer
designated for that purpose or, in the absence of designation, by the presiding
officer of the executive board.
(e) Except to the extent expressly permitted or required by other provisions of this
chapter, an amendment to the condominium instruments may not
(1)Create or increase special declarant rights;
(2) Increase the number of units;
(3) Change the boundaries of any unit;
(4) Change the undivided interest in the common elements, the liability for common
expenses, the right to surplus funds, or the number of votes in the unit owners'
association that pertains to any unit; or
(5)Change the uses to which any unit is restricted, in the absence of the unanimous
consent of the unit owners.
(f)(1) Notwithstanding any other provision of this section, within 5 years after
the recordation of a condominium instrument that contains or creates a mistake,
inconsistency, error, or ambiguity, the declarant may unilaterally execute and
record a corrective amendment or supplement to the condominium instruments to:
(A) Correct a mathematical mistake, an inconsistency, or a scrivener's error; or
(B)Clarify an ambiguity in the condominium instruments with respect to an
objectively verifiable fact, including without limitation recalculating the
undivided interest in the common elements, the liability for common expenses or right to surplus funds, or the number of votes
in the unit owners' association that pertain to a unit.
(2) An amendment or supplement may not materially reduce what the obligations of
the declarant would have been if the mistake, inconsistency, error, or ambiguity
had not occurred. The principal officer of the unit owners' association may
unilaterally execute and record a corrective amendment or supplement upon a vote
of 2/3 of the members of the executive board. Any corrective amendment or
supplement shall be validated to the extent that the corrective amendment or
supplement would have been permitted by this subsection.
Section 42-1902.28. Termination of condominium.
(a) If there is no unit owner other than the declarant, the declarant may
unilaterally terminate the condominium. A termination shall become effective
upon recordation if the termination has been executed by the declarant and
recorded in the Office of the Surveyor. This section shall not be construed to
nullify, limit, or otherwise affect the validity or enforceability of any
agreement renouncing or to renounce, in whole or in part, the right conferred.
(b) If any of the units in the condominium are restricted exclusively to residential
use and there is any unit owner other than the declarant, the condominium may be
terminated by the agreement of unit owners of units to which 4/5 of the votes in
the unit owners' association pertain, or any larger majority as the condominium
instruments may specify. If none of the units in the condominium is restricted
exclusively to residential use, the condominium instruments may specify a
majority smaller than the minimum specified in the preceding sentence.
(c) An agreement to terminate a condominium shall be evidenced by the execution of a
termination agreement or ratification in the same manner as a deed by the
requisite number of unit owners. Unless the termination agreement otherwise
provides, prior to recordation of the termination agreement, a unit owner's
prior agreement to terminate the condominium may be revoked only with the
approval of unit owners of units to which a majority of the votes in the unit
owners' association pertain. The termination agreement shall specify a date
after which the termination agreement shall be void if the termination agreement
is not recorded. A termination agreement and any ratification of the termination
agreement shall be effective only upon recordation in the Office of the
Surveyor.
(d) In the case of a condominium that contains only units having horizontal
boundaries described in the condominium instruments, a termination agreement may
provide that all the common elements and units of the condominium shall be sold following termination. If, pursuant to the
agreement, any real estate in the condominium shall be sold following
termination, the termination agreement shall set forth the minimum terms of the
sale.
(e) In the case of a condominium that contains any units not having horizontal
boundaries described in the condominium instruments, a termination agreement may
provide for sale of the common elements. The termination agreement may not
require that the units be sold following termination, unless the condominium
instruments as originally recorded provide otherwise or all the unit owners
consent to the sale.
(f) On behalf of the unit owners, the unit owners' association may contract for the
disposition of real estate in the condominium, but the contract shall not be
binding on the unit owners until approved pursuant to subsections (b) and (c) of
this section. If any real estate in the condominium shall be sold following
termination, title to the real estate, upon termination, shall vest in the unit
owners' association as trustee for the holders of all interests in the units.
Thereafter, the unit owners' association shall have powers necessary and
appropriate to effect the sale. Until the sale has been concluded and the
proceeds have been distributed, the unit owners' association shall continue in
existence with all the powers the unit owners' association had before
termination. Proceeds of the sale shall be distributed to unit owners and
lienholders as their interests may appear, in proportion to the respective
interests of unit owners as provided in subsection (i) of this section. Unless
otherwise specified in the termination agreement, for as long as the unit
owners' association holds title to the real estate, each unit owner or his or
her successor in interest shall have an exclusive right to occupancy of the
portion of the real estate that formerly constituted his or her unit. During the
period of occupancy by the unit owner or his or her successor in interest, each
unit owner or his successor in interest shall remain liable for any assessment
or other obligation imposed on the unit owner by this chapter or the condominium
instruments.
(g) If the real estate that constitutes the condominium shall not be sold following
termination, title to the common elements and, in the case of a condominium
containing only units that have horizontal boundaries described in the
condominium instruments, title to all the real estate in the condominium shall
vest in the unit owners upon termination as tenants in common in proportion to
the unit owners' respective interests as provided in subsection (i) of this
section. Any liens on the units shall shift accordingly. While the tenancy in
common exists, each unit owner or his or her successors in interest shall have
an exclusive right to occupancy of the portion of the real estate that formerly
constituted the unit owner's unit.
(h) Following termination of the condominium, the proceeds of any sale of real
estate, together with the assets of the unit owners' association, shall be held
by the unit owners' association as trustee for unit owners or lienholders on the
units as their interests may appear. Following termination, any creditor of the
unit owners' association who holds a lien on the unit that was recorded before
termination may enforce the lien in the same manner as any lienholder. Any other
creditor of the unit owners' association shall be treated as if he or she had
perfected a lien on the units immediately before termination.
(i) The respective interests of unit owners referred to in subsections (f), (g), and
(h) of this section shall be as follows:
(1) Except as provided in paragraph (2) of this subsection, the respective interests
of a unit owner shall be the fair market values of the unit owner's limited
common elements, and common element interests immediately before the
termination, as determined by an independent appraiser selected by the unit
owners' association. The decision of the independent appraiser shall be
distributed to the unit owners and become final unless disapproved within 30
days after distribution by unit owners of units to which 1/4 of the votes in the
unit owners' association. The proportion of any unit owner's interest to the
interest of all unit owners is determined by dividing the fair market value of
the unit owner's unit and common element interest by the total fair market
values of all the units and common elements.
(2) If any unit or limited common element is destroyed to the extent that an
appraisal of the fair market value before destruction cannot be made, the
interests of all unit owners are the unit owners' respective common element
interests immediately before the termination.
(j) Except as provided in subsection (k) of this section, foreclosure or enforcement
of a lien or encumbrance against the entire condominium shall not alone
terminate the condominium, and foreclosure or enforcement of a lien or
encumbrance against a portion of the condominium, other than withdrawable land,
shall not withdraw the portion from the condominium. Foreclosure or enforcement
of a lien or encumbrance against withdrawable land shall not alone withdraw the
land from the condominium, but the person who takes title to the withdrawable
land shall have the right to require from the unit owners' association, upon
request, an amendment that excludes the land from the condominium.
(k) If a lien or encumbrance against a portion of the real estate that
comprises the condominium has priority over the condominium instruments, and the
lien or encumbrance has not been partially released, upon foreclosure, the
parties foreclosing the lien or encumbrance may record an instrument that
excludes the real estate subject to the lien or encumbrance from the condominium.
Section 42-1902.29. Condominium lease; recordation; terms; leasehold payments;
increases; sale or assignation; offer to unit owners' association; renewal.
(a) The declarant of a leasehold condominium shall record with the condominium
instruments any lease pursuant to which the condominium is a leasehold
condominium ("condominium lease"): Provided, however, it shall be sufficient for
the declarant to record a statement of the book, page and date of recordation of
such lease if such lease has previously been recorded among the land records of
the District of Columbia. Condominium instruments establishing a leasehold
condominium containing more than 3 residential units shall not be effective
unless the condominium lease(s) comply with the requirements of subsections (b),(c)and (d) of this section.
(b)(1) If a condominium is a leasehold condominium subject to the provisions of
this section, any condominium lease shall be for a term of not less than 99
years with a right of renewal for consecutive additional terms of not less than
99 years. The lease shall provide for level, periodic payments which may not be
increased during the first 10 years of the leasehold term. If provided in the
lease, the lessor may petition the Mayor for an increase in leasehold payments
to be effective beginning with the 11th year of the leasehold term, and the
Mayor shall approve such increase if he finds that:
(A) Costs borne by the lessor in connection with the lease have increased; or
(B) Costs of living, as measured by a standard statistical index computed and
published by the United States government and available for the period of the
leasehold term, have increased; and
(C) The increase in the lease payments is in reasonable proportion to such increased
costs.
(2) An increase in lease payments shall be effective for a minimum period of 10
years, after which the lessor may again petition for an increase subject to the
provisions of this subsection. The lessor shall not require or accept lease
payments which do not meet the requirements of this subsection.
(c) A lessor of a condominium lease may sell or assign the leaseonly after offering
the unit owners' association of the condominium the right to purchase the
leasehold estate at a price and on terms offered to any other prospective
purchaser. The lessor shall give the unit owners' association a period of at
least 60 days within which to accept or reject the offer.
(d) The lessor of a condominium lease shall give the lessee of suchlease a
statement not less than 5 years prior to the expiration of such lease of whether
the lease is to be renewed and on what terms the lease is to be renewed. If the
lessor offers to renew the lease, the lessor shall give the lessee a period of
at least 180 days within which to accept or reject the offer.
Section 42-1902.30. Transfer of special declarant rights.
(a) A special declarant right created or reserved under this chapter may not be
transferred except by an instrument that evidences the transfer recorded in the
same manner as the condominium instruments. The instrument shall not be
effective unless executed by the transferee.
(b) Upon transfer of any special declarant right, the liability ofa transferor
declarant shall be as follows:
(1) A transferor shall not be relieved of any obligation or liability that arises
before the transfer and shall remain liable for any warranty obligation imposed
upon him or her by this chapter. Lack of privity shall not deprive any unit
owner of standing to maintain an action to enforce any obligation of the
transferor,
(2) If a successor to a special declarant right is an affiliate of a declarant, the
transferor shall be jointly and severally liable with the successor for any
obligation or liability of the successor that relates to the condominium.
(3) If a transferor retains a special declarant right, and transfers other special
declarant rights to a successor who is not an affiliate of the declarant, the
transferor shall be liable for any obligation or liability imposed on a
declarant by this chapter or by the condominium instruments that relates to the
retained special declarant rights and that arises after the transfer.
(4) A transferor shall have no liability for any act or omission or any breach of a
contractual or warranty obligation that arises from the exercise of a special
declarant right by a successor declarant who is not an affiliate of the
transferor.
(c) Unless otherwise provided in a mortgage instrument or deed oftrust, in case of
foreclosure, mortgage, tax sale, judicial sale, sale by a trustee under a deed
of trust, or sale under bankruptcy or receivership proceedings of any unit owned
by a declarant or real estate in a condominium subject to development rights, a
person who acquires title to all the real estate being foreclosed or sold, upon
his or her request, shall succeed to all special declarant rights related to the real
estate held by the declarant, or to any rights reserved in the condominium
instruments pursuant to Section 42-1902.22 and held by the declarant to maintain
models, sales offices, and signs. The judgment or instrument that conveys title
shall provide for transfer of only the special declarant rights requested. For
purposes of this subsection, the term "development rights" means any right or
combination of rights to expand an expandable condominium, contract a
contractable condominium, convert convertible land, or convert convertible
space.
(d) Upon foreclosure, tax sale, judicial sale, sale by a trusteeunder a deed of
trust, or sale under bankruptcy or receivership proceedings of all units and
other real estate in a condominium owned by a declarant:
(1) The declarant shall cease to have any special declarant rights; and
(2) The period of declarant control shall terminate unless the judgment or
instrument that conveys title provides for transfer of all special declarant
rights held by the declarant to a successor declarant.
(e) The liability or obligation of a person who succeeds to special declarant rights
shall be as follows:
(1) A successor to any special declarant right who is an affiliate of a declarant
shall be subject to any obligation or liability imposed on the transferor by
this chapter or the condominium instruments.
(2) A successor to any special declarant right, other than a successor described in
paragraph (3) or (4) of this subsection, who is not an affiliate of a declarant,
shall be subject to any obligation or liability imposed by this chapter or the
condominium instruments:
(A) On a declarant that relates to his or her exercise or nonexercise of special
declarant rights; or
(B) On his or her transferor, other than:
(i) A misrepresentation by a previous declarant;
(ii) A warranty obligation on improvements made by a previous declarant or made
before the condominium was created;
(iii) A breach of a fiduciary obligation by a previous declarant or his or her
appointee to the executive board; or
(iv) Any liability or obligation imposed on the transferor's acts or omissions after
the transfer.
(3) A successor who is not an affiliate of a declarant and whose sole right is a
reservation in the condominium instruments to maintain models, sales offices,
and signs may not exercise any other special declarant right and shall not be
subject to any liability or obligation as a declarant, except a liability or
obligation that arises under subchapter IV of this chapter that relates to
disposition by the successor.
(4)If the transferor is not an affiliate of the successor to special declarant
rights and the successor succeeded to all the special declarant rights pursuant
to a deed in lieu of foreclosure or a judgment or instrument that conveys title
to units under subsection (c) of this section, the successor may declare his or
her intention in a recorded instrument to hold the rights solely for transfer to
another person. Until the successor transfers all special declarant rights to
any person who acquires title to any unit owned by the successor, or until the
successor records an instrument that permits exercise of all special declarant
rights, the successor may not exercise the special declarant rights other than a
right held by his or her transferor to control the executive board in accordance
with the provisions of Section 42-1903.02 for the duration of any period of
declarant control. Any attempted exercise of special declarant rights other than
a right held by the successor's transferor to control the executive board shall
be void. For the period that a successor declarant may not exercise special
declarant rights under this subsection, he or she shall not be subject to any
liability or obligation as a declarant other than liability or obligation as a
declarant for his or her acts or omissions under Section 42-1903.02.
(f) Nothing in this section shall subject any successor to a special declarant right
to any claim against or other obligation of a transferor declarant, other than a
claim or obligation that arises under this chapter or the condominium
instruments.
Subchapter III. Control and Governance of Condominiums.
Section 42-1903.01. Bylaws; recordation; unit owners' association and executive
board thereof; powers and duties; officers; amendment and contents thereof;
responsibility for insurance on common elements.
(a) There shall be recorded simultaneously with the declaration a set of bylaws
providing for the self-government of the condominium by an association of all
the unit owners. The unit owners' association may be incorporated.
(b) The bylaws shall provide whether or not the unit owners' association shall have
an executive board. The executive board, if any, shall, subsequent to the
expiration of the period of declarant control specified pursuant to Section
42-1903.02(a), be elected by the unit owners unless the unit owners vote to
amend the bylaws to provide otherwise. If there is to be such a board, the
bylaws shall specify the powers and responsibilities of the same and the number
and terms of its members. The bylaws may delegate to such board, inter alia, any
of the powers and responsibilities assigned by this chapter to the unit owners'
association. The bylaws shall also specify which, if any, of its powers and
responsibilities the unit owners' association or its executive board may
delegate to a managing agent.
(c) The bylaws shall provide whether or not there shall be officers in addition to
the members of the executive board. If there are to be such additional officers,
the bylaws shall specify the powers and responsibilities of the same, the manner
of their selection and removal, their number and their terms. [T]he bylaws may
delegate to such additional officers, inter alia, any of the powers and
responsibilities assigned by this chapter to the unit owners' association.
(d) In any case where an amendment to the declaration is required by subsection (b),
(c), or (d) of Section 42-1902.12, the person or persons required to execute the
same shall also prepare and execute, and record simultaneously with such
amendment, an amendment to the bylaws. The amendment to the bylaws shall
allocate to the new units votes in the unit owners' association, rights to
future surplus funds, and liabilities for future common expenses not specially
assessed, on the same bases as were used for such allocations to the units
depicted on plats and plans recorded pursuant to subsections (a) and (b) of
Section 42-1902.14; or shall abolish the votes appertaining to former units and
reallocate their rights to future surplus funds, and their liabilities for
future common expenses not specially assessed, to the remaining units in
proportion to the relative rights and liabilities of the remaining units
immediately prior to the amendment.
(e) Repealed.
Section 42-1903.02. Control by declarant; limitations; contracts entered on
behalf of unit owners; declarant to act where owners' association or officers
thereof not existent; graduated representation of unit owners in executive
board; strict construction.
(a) The condominium instruments may authorize the declarant, or a managing agent
or some other person or persons selected or to be selected by the declarant, to
appoint and remove some or all of the officers of the unit owners' association
or members of its executive board, or both, or to exercise powers and
responsibilities otherwise assigned by the condominium instruments and by this chapter to the unit owners'
association, the officers, or the executive board. But no amendment to the
condominium instruments shall increase the scope of such authorization if there
is any unit owner other than the declarant and no such authorization shall be
valid after the time set by the condominium instruments or after units to which
three-fourths of the undivided interests in the common elements appertain have
been conveyed, whichever occurs first. For the purposes of the preceding
sentence only, the calculation of the fraction of undivided interest shall be
based upon the total undivided interests assigned or to be assigned to all units
registered with the Mayor according to Section 42-1904.06. The time limit
initially set by the condominium instruments shall not exceed 3 years in the
case of an expandable condominium or a condominium containing convertible land,
or 2 years in the case of any other condominium containing any convertible land,
or 2 years in the case of any other condominium. Such period shall commence upon
settlement of the first unit to be sold in any portion of the condominium.
(b)(1) If entered into at any time prior to the expiration of the period of
declarant control contemplated by subsection (a) of this section, no contract or
lease entered into with the declarant or an affiliate of a declarant, other than
a lease subject to Section 42- 1902.10(e), management contract, employment
contract, or lease of a recreational or parking area or facility, which is
directly or indirectly made by or on behalf of the unit owners' association or
the unit owners as a group, shall be entered into for a period in excess of 2
years. Any contract or agreement entered into after March 8, 1991, may be
terminated without penalty by the unit owners' association or the executive
board of the unit owners' association upon not less than 90 days written notice
to the other party.
(2) If entered into at any time prior to the expiration of the period of declarant
control contemplated by subsection (a) of this section, any contract, lease or
agreement, other than those subject to the provisions of paragraph (1) of
subsection (b) of this section, may be entered into by or on behalf of the unit
owners' association, its executive board, or the unit owners as a group, if such
contract, lease or agreement is bona fide and is commercially reasonable to the
unit owners' association at the time entered into under the circumstances.
(c) If the unit owners' association is not in existence or does not have officers at
the time of the creation of the condominium, the declarant shall, until there is
such an association with such officers, have the power and the responsibility to
act in all instances where this subchapter or the condominium instruments
require or permit action by the unit owners' association, its executive board,
or any officer or officers.
(d) Notwithstanding subsection (a) of this section, the bylaws shall provide that:
(1) Not later than the time that units to which 25% of the undivided interests in
the common elements appertain have been conveyed, the unit owners' association
shall cause a special meeting to be held at which not less than 25% of the
members of the executive board shall be selected by unit owners other than
declarant; and
(2) Not later than the time units to which 50% of the undivided interests in the
common elements appertain have been conveyed, the unit owners' association shall
cause a special meeting to be held at which not less than 33 1/3% of the members
of the executive board shall be selected by unit owners other than declarant.
(e) Repealed.
(f) This section shall be strictly construed to protect the rights of the unit
owners.
Section 42-1903.03. Meetings.
Meetings of the unit owners' association shall be held in accordance with the
provisions of the condominium instruments at least once each year after the
formation of the unit owners' association. The bylaws shall specify an officer
who shall, at least 21 days in advance of any annual or regularly scheduled
meeting and at least 7 days in advance of any other meeting, send to each unit
owner notice of the time, place, and purpose of the meeting. The notice shall be
sent by the United States mail to all unit owners of record at the address of
their respective units and to any other address that the unit owners have
designated to the officer. In the alternative, notice may be hand- delivered by
the officer, if the officer certifies in writing that the notice was delivered
to the unit owner.
Section 42-1903.04. Meetings - Executive board; quorums.
(a) Unless the condominium instruments otherwise provide, a quorum shall be deemed
to be present throughout any meeting of the unit owners' association until
adjourned if persons entitled to cast more than the thirty-three and one-third
percent of the votes are present at the beginning of such meeting. The bylaws
may provide for a larger percentage, or for a smaller percentage not less than
25 percent.
(b) Unless the condominium instruments specify a larger majority, a quorum shall be
deemed to be present throughout any meeting of the executive board if persons
entitled to cast one half of the votes in that body are present at the beginning
of such meeting.
Section 42-1903.05. Allocation of votes within unit owners' association; vote
where more than 1 owner of unit; proxies; majority; provisions not applicable to
units owned by association.
(a)The bylaws may allocate to each unit depicted on plats and plans that comply
with subsections (a) and (b) of Section 42-1902.14 a number of votes in the unit
owners' association proportionate to the liability for common expenses as
established pursuant to Section 42- 1903.12(c).
(b) Otherwise, the bylaws shall allocate to each such unit an equal number of votes
in the unit owners' association, subject to the following exception: Each
convertible space so depicted shall be allocated a number of votes in the unit
owners' association proportionate to the size of each such space, vis-a-vis the
aggregate size of all units so depicted, while the remaining votes in the unit
owners' association shall be allocated equally to the other units so de- picted.
(c) Since a unit owner may be more than 1 person, if only 1 of such persons is
present at a meeting of the unit owners' association, that person shall be
entitled to cast the votes appertaining to that unit. But if more than 1 of such
persons is present, the vote appertaining to that unit shall be cast only in
accordance with their unanimous agreement unless the condominium instruments
expressly provide otherwise, and such consent shall be conclusively presumed if
any 1 of them purports to cast the votes appertaining to that unit without
protest being made forthwith by any of the others to the person presiding over
the meeting. Since a person need not be a natural person, the word "person"
shall be deemed for the purposes of this subsection to include, without
limitation, any natural person having authority to execute deeds on behalf of
any person, excluding natural persons, which is, either alone or in conjunction
with another person or persons, a unit owner.
(d) Notwithstanding any contrary provisions of the condominium instruments, this
subsection establishes the requirements for the validity of proxies. The votes
that pertain to any unit may be cast pursuant to a proxy duly executed by or on
behalf of the unit owner, or, in a case where the unit owner is more than 1
person, by or on behalf of all those persons. A proxy may be revoked if a unit
owner or 1 of the unit owners, in the case of a unit owned by more than 1
person, gives actual notice of revocation to the person who presides over the
meeting. A proxy shall be void if the proxy is not dated, if the proxy purports
to be revocable without notice, or if the signatures of any person executing the
proxy has not been witnessed by a person who shall sign his or her full name and
address. A proxy shall terminate automatically upon the final adjournment of the
first meeting held on or after the date of the proxy, but shall remain in effect during any recess or temporary
adjournment of the meeting.
(e) If 50 percent or more of the votes in the unit owners' association appertain to
25 percent or less of the units, then in any case where a majority vote is
required by the condominium instruments or by this chapter, the requirement for
such a majority shall be deemed to include, in addition to the specified
majority of the votes, assent by the unit owners of a like majority of the
units.
(f) Notwithstanding anything in this section to the contrary, during any time that
the unit owners' association is the owner of any condominium unit, the votes in
the unit owners' association that pertain to the condominium unit shall be
included in any calculation to determine the existence of a quorum at any
meeting of the unit owners' association pursuant to Section 42-1903.04, but
otherwise shall be deemed to be cast in proportion to the affirmative and
negative votes cast by all unit owners other than the unit owners' association
at any meeting.
Section 42-1903.06. Officers; disqualification.
(a) If the condominium instruments provide that any officer or officers must be unit
owners, then any such officer who disposes of all of his units in fee or for a
term or terms of 6 months or more shall be deemed to have disqualified himself
from continuing in office unless the condominium instruments otherwise provide,
or unless he acquires or contracts to acquire another unit in the condominium
under terms giving him a right of occupancy thereto effective on or before the
termination of his right of occupancy under such disposition or dispositions.
(b) If the condominium instruments provide that any officer or officers must be unit
owners, then notwithstanding the provisions of Section 42-1902.06(1), the term
"unit owner" in such context shall, unless the condominium instruments otherwise
provide, be deemed to include, without limitation, any director, officer,
partner in, or trustee of any person, which is, either alone or in conjunction
with another person or persons, a unit owner. Any officer who would not be
eligible to serve as such were he not a director, officer, partner in, or
trustee of such a person, shall be deemed to have disqualified himself from
continuing in office if he ceases to have any such affiliation with that person,
or if that person would itself have been deemed to have disqualified itself from
continuing in such office under subsection (a) of this section were it a natural
person holding such office.
Section 42-1903.07. Maintenance, repair, etc., of condominiums; right of access
for repair; liability for damages arising from exercise thereof; warranty
against structural defects; limitations upon actions; bond or other security.
(a) Except to the extent otherwise provided by the condominium instruments, all
powers and responsibilities with regard to maintenance, repair, renovation,
restoration, and replacement of the condominium shall belong: (1) To the unit
owners' association in the case of the common elements; and (2) to the
indivi