Title 42 — Real Property.
57 chapters · 1,018 sections in this title.
D.C. Code § 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
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(a) Any assessment levied against a condominium unit in accordance with the provisions of this chapter and any lawful provision of the condominium instruments, along with any applicable interest, late fees, reasonable expenses and legal fees actually incurred, costs of collection…
D.C. Code § 42-1903.14 Books, minutes, and records; inspection
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(a) The unit owners’ association, or the declarant, the managing agent, or other person specified in the bylaws acting on behalf of the unit owners’ association, shall keep detailed records of the receipts and expenditures affecting the operation and administration of the condomi…
D.C. Code § 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
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If the condominium instruments create any rights of first refusal or other restraints on free alienability of any of the condominium units, such rights and restraints shall be void unless the condominium instruments make provisions for promptly furnishing to any unit owner or pur…
D.C. Code § 42-1903.16 Warranty against structural defects; limitation for conversion condominiums; exclusion or modification of warranty
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(a) As used in this section, the term “structural defect” means a defect in a component that constitutes any unit or portion of the common elements that reduces the stability or safety of the structure below standards commonly accepted in the real estate market, or restricts the …
D.C. Code § 42-1903.17 Statute of limitations for warranties
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A judicial proceeding for breach of any warranty that arises under § 42-1903.16 shall be commenced within 5 years after the date the warranty period began.
D.C. Code § 42-1903.18 Master associations — Authorization; powers; rights and responsibilities of unit owners; election of executive board
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(a) If the condominium instruments for a condominium provide that any of the powers described in § 42-1903.08 are to be exercised by or may be delegated to a for-profit or nonprofit corporation or incorporated association that exercises the powers described in § 42-1903.08 or oth…
D.C. Code § 42-1903.19 Merger or consolidation of condominiums
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(a) Any 2 or more condominiums, by agreement of the unit owners as provided in subsection (b) of this section, may be merged or consolidated into a single condominium. Unless the agreement otherwise provides, if 2 or more condominiums merge or consolidate the resultant condominiu…
D.C. Code § 42-1903.20 Conveyance or encumbrance of common elements
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(a) A portion of the common elements may be conveyed or subjected to a security interest by the unit owners’ association if persons entitled to cast at least 80% of the votes in the unit owners’ association, including 80% of the votes allocated to units not owned by a declarant, …
D.C. Code § 42-1903.21 Unit owners’ association as trustee
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With respect to a third person that deals with the unit owners’ association in the unit owners’ association’s capacity as a trustee, the existence and proper exercise of trust powers by the unit owners’ association, may be assumed without inquiry. A third person shall not be boun…
D.C. Code § 42-1904.01 Exemptions
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Unless the method of offer or disposition is adopted for the purpose of evasion of this chapter, the provisions of §§ 42-1904.02, 42-1904.03, 42-1904.04, 42-1904.05, 42-1904.06, 42-1904.07, 42-1904.08, 42-1904.09, and 42-1904.12 do not apply to: (1) Dispositions in a condominium …
D.C. Code § 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
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(a) Neither declarant nor any person on behalf of declarant may offer or dispose of any interest in a condominium unit located in the District of Columbia, nor dispose in the District of Columbia of any interest in a condominium unit located without the District of Columbia prior…
D.C. Code § 42-1904.03 Application for registration; contents; later registration of additional units; availability for public inspection; fee to be determined by Mayor
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(a) The application for registration of the condominium shall be filed as prescribed by the Mayor’s rules and shall contain the following documents and information: (1) An irrevocable appointment of an agent in the District of Columbia, and in the absence of such an agent, the ag…
D.C. Code § 42-1904.04 Public offering statement; form prescribed by Mayor; contents; use in promotions; material change in information and amendment of statement
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(a) A public offering statement shall disclose fully and accurately the characteristics of the condominium and the units therein offered and shall make known to prospective purchasers all unusual and material circumstances or features affecting the condominium. The proposed publi…
D.C. Code § 42-1904.05 Application for registration — Investigation by Mayor upon receipt
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Upon receipt of an application for registration in proper form, the Mayor may forthwith initiate an investigation to determine: (1) That there is reasonable assurance that the declarant can convey or cause to be conveyed the units offered for disposition if the purchaser complies…
D.C. Code § 42-1904.06 Application for registration — Notice of filing; registration or rejection; notice of need for rejection; hearing
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(a) Upon receipt of the application for registration in proper form, the Mayor shall, within 5 business days, issue a notice of filing to the applicant. Within 60 days from the date of the notice of filing, the Mayor shall enter an order registering the condominium or rejecting t…
D.C. Code § 42-1904.07 Registration; annual updating report by declarant; termination
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The declarant shall, during any period of control of the condominium by the declarant pursuant to § 42-1903.02 file a report in the form prescribed by the rules of the Mayor within 30 days of each anniversary date of the order registering the condominium. The report shall reflect…
D.C. Code § 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
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(a) Any declarant of a conversion condominium shall include in his public offering statement, in addition to the requirements of § 42-1904.04: (1) Repealed; (2)(A) A statement by the declarant based upon a report of a qualified architect or engineer as to the present condition of…
D.C. Code § 42-1904.09 Escrow of deposits; to bear interest; not subject to attachment
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(a) Any deposit made in regard to any disposition of a unit, including a nonbinding reservation agreement, shall be held in escrow until either delivered at settlement or returned to the prospective purchaser. Such escrow funds shall be deposited in a separate account for each co…
D.C. Code § 42-1904.10 Copies of declaration and bylaws to be furnished to purchaser by declarant
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Unless previously furnished, an exact copy of the recorded declaration and bylaws shall be furnished to each purchaser by the declarant within 10 days of recordation thereof as provided for in §§ 42-1902.01 and 42-1902.05.
D.C. Code § 42-1904.11 Resale by unit owner; seller to obtain appropriate statements from association and furnish to purchaser; scope of provisions
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(a) In the event of a resale of a condominium unit by a unit owner other than the declarant, the unit owner shall obtain from the unit owners’ association and furnish to the purchaser, on or prior to the 10th business day following the date of execution of the contract of sale by…
D.C. Code § 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
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(a) This chapter shall be administered by the Mayor or his designee. The Mayor shall prescribe reasonable rules which shall be adopted, amended or repealed in accordance with the provisions of the District of Columbia Administrative Procedure Act (§ 2-501 et seq.). The rules shal…
D.C. Code § 42-1904.13 Investigations and proceedings; powers of Mayor; enforcement through courts
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(a) The Mayor may make necessary public or private investigations in accordance with law within or outside of the District of Columbia to determine whether any person has violated or is about to violate this chapter or any rule or order hereunder, or to aid in the enforcement of …
D.C. Code § 42-1904.14 Cease and desist and affirmative action orders; temporary cease and desist orders; prior notice thereof
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(a) If the Mayor determines after notice and hearing that a person has: (1) violated any provision of this chapter; (2) directly or through an agent or employee knowingly engaged in any false, deceptive or misleading advertising, promotional, or sales method to offer or dispose o…
D.C. Code § 42-1904.15 Revocation of registration; notice; hearing; written finding of fact; cease and desist order as alternative
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(a)(1) A registration may be revoked after notice and hearing upon a written finding of fact that the declarant has: (A) Failed to comply with the terms of a cease and desist order; (B) Been convicted in any court subsequent to the filing of the application for registration for a…
D.C. Code § 42-1904.16 Judicial review of mayoral actions
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Proceedings for judicial review of mayoral actions shall be subject to and be in accordance with the District of Columbia Administrative Procedure Act (§ 2-501 et seq.) applicable to “rule-making”; provided, however, that review of mayoral actions pursuant to § 42-1904.06 shall b…
D.C. Code § 42-1904.17 Penalties; prosecution by Attorney General
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(a) Any person who wilfully violates any provision of this chapter or any rule adopted under or order issued pursuant to § 42-1904.12 or any person who wilfully in an application for registration makes any untrue statement of a material fact or omits to state a material fact shal…
D.C. Code § 42-1904.18 Severability
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If any provision of this chapter, or any paragraph, section, sentence, clause, phrase or word or the application thereof, in any circumstances is held invalid, the validity of the remainder of this chapter, and of the application of any such provision, paragraph, section, sentenc…