District of Columbia CONDOMINIUM ACT from Thomas Schild Law Group representing condominiums, co-operatives and homeowners association in DC District of Columbia; also handle zoning law, general real estate, small business and individual business matters.

DISTRICT OF COLUMBIA CONDOMINIUM ACT

as of October 1, 2005

Subchapter I. General Provisions.

Section 42-1901.01. Applicability of chapter; corresponding terms; supersedure of prior law.

Section 42-1901.02. Definitions

Section 42-1901.03. Ownership of individual units

Section 42-1901.04. Separate taxation

Section 42-1901.05. Ordinances and regulations

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

Section 42-1901.07. Variation by agreement

Section 42-1901.08. Interpretation of chapter

Subchapter II. Establishment of Condominiums

Section 42-1902.01. Creation of condominiums; recordation of instruments; plats; contiguity of units

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

Section 42-1902.03. Description of condominium units; undivided interest in common elements automatically included

Section 42-1902.04. Declaration, bylaws and amendments of each to be executed by owners and lessees

Section 42-1902.05. Recordation of condominium instruments; amendment and certification thereof

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

Section 42-1902.07. Instruments construed together and incorporate one another; when conflict arises

Section 42-1902.08. Provisions of instrument severable; unlawful provisions void; rule against perpetuities; restraints on alienation; unreasonable restraints

Section 42-1902.09. Compliance with condominium chapter and instruments

Section 42-1902.10. Contents of declaration; where condominium contains convertible land; expandable, contractable and leasehold condominiums; easements; additionally required descriptions

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

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

Section 42-1902.13. Assignments of limited common elements; method of reassignment; amendment of instruments and recordation thereof

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

Section 42-1902.15. Preliminary recordation of plans

Section 42-1902.16.where liability not relieved. Easement for encroachments and support;

Section 42-1902.17. Conversion of convertible lands; recordation of appropriate instruments; character of convertible land; tax liability; time limitation on conversion

Section 42-1902.18. Conversion of convertible spaces; amendment of declaration and bylaws; recordation; status of convertible space not converted

Section 42-1902.19. Expansion of condominiums; amendment of declaration; recordation; reallocation of interests in common elements

Section 42-1902.20. Contraction of condominiums; amendment of declaration; recordation; withdrawal of land after conve yance of unit

Section 42-1902.21. Declarant's easement over common elements for purpose of improvements, etc.

Section 42-1902.22. Sales offices, model units, etc.; authorization; when become common elements

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

Section 42-1902.24. Improvements or alterations within unit; exterior appearance not to be changed; merger of adjoining units.

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

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

Section 42-1902.27. Amendment of instruments

Section 42-1902.28. Termination of condominium

Section 42-1902.29. Condominium lease; recordation; terms; leasehold payments; increases; sale or assignation; offer to unit owners' association; renewal

Section 42-1902.30. Transfer of special declarant rights

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

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

Section 42-1903.03. Meetings

Section 42-1903.04. Meetings - Executive board; quorums

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

Section 42-1903.06. Officers; disqualification

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

Section 42-1903.08. Unit owners' associations; powers and rights; deemed attorney-in-fact to grant and accept beneficial easements

Section 42-1903.09. Tort and contract liability of association and declarant; judgment liens against common property and individual units

Section 42-1903.10. Insurance obtained by association; notice to unit owners

Section 42-1903.11. Rights to surplus funds

Section 42-1903.12. Liability for common expenses; special assessments; proportionate liability fixed in bylaws; installment payment of assessments; when assessment past due; interest thereon

Section 42-1903.13. Lien for assessments against units; priority; recordation not required; enforcement by sale; notice to delinquent owner and public; distribution of proceeds; power of executive board to purchase unit at sale; limitation; costs and attorneys' fees; statement of unpaid assessments; liability upon transfer of unit

Section 42-1903.14. Financial records

Section 42-1903.15. Limitation on right of first refusal and other restraints on alienation; recordable statement of waiver of rights to be supplied promptly upon request

Section 42-1903.16. Warranty against structural defects; limitation for conversion condominiums; exclusion or modification of warranty

Section 42-1903.17. Statute of limitations for warranties.

Section 42-1903.18. Master associations - Authorization; powers; rights and responsibilities of unit owners; election of executive board

Section 42-1903.19. Merger or consolidation of condominiums

Section 42-1903.20. Conveyance or encumbrance of common elements

Section 42-1903.21. Unit owners' association as trustee

Subchapter IV. Registration and Offering of Condominiums

Section 42-1904.01. Exemptions

Section 42-1904.02. No offer or disposition of unit prior to registration; current public offering statement; right of cancellation by purchaser; form therefor prescribed by Mayor

Section 42-1904.03. Application for registration; contents; later registration of additional units; availability for public inspection; fee to be determined by Mayor

Section 42-1904.04. Public offering statement; form prescribed by Mayor; contents; use in promotions; material change in information and amendment of statement

Section 42-1904.05. Application for registration - Investigation by Mayor upon receipt

Section 42-1904.06. Application for registration - Notice of filing; registration or rejection; notice of need for rejection; hearing

Section 42-1904.07. Registration; annual updating report by declarant; termination

Section 42-1904.08. Conversion condominiums; additional contents of public offering statement; notice of intent to convert; tenant's and subtenant's right to purchase; notice to vacate

Section 42-1904.09. Escrow of deposits; to bear interest; not subject to attachment

Section 42-1904.10. Copies of declaration and bylaws to be furnished to purchaser by declarant

Section 42-1904.11. Resale by unit owner; seller to obtain appropriate statements from association and furnish to purchaser; scope of provisions

Section 42-1904.12. Mayor to administer chapter; rules and regulations; advertising materials; abbreviated public offering statement; court actions; intervention in suits involving condominiums; notice relating to conversion condominiums

Section 42-1904.13. Investigations and proceedings; powers of Mayor; enforcement through courts

Section 42-1904.14. Cease and desist and affirmative action orders; temporary cease and desist orders; prior notice thereof

Section 42-1904.15. Revocation of registration; notice; hearing; written finding of fact; cease and desist order as alternative

Section 42-1904.16. Judicial review of mayoral actions

Section 42-1904.17. Penalties; prosecution by Corporation Counsel

Section 42-1904.18. Severability.