Title 42 — Real Property.
57 chapters · 1,018 sections in this title.
D.C. Code § 42-1901.01 Applicability of chapter; corresponding terms; supersedure of prior law
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(a) This chapter shall apply to all condominiums created in the District of Columbia; provided, that except as otherwise expressly set forth in this chapter, any provision of this chapter that became effective after the creation of a condominium, horizontal property regime, or co…
D.C. Code § 42-1901.02 Definitions
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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…
D.C. Code § 42-1901.03 Separate titles
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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 spouses …
D.C. Code § 42-1901.04 Separate taxation
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(a) 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 Colum…
D.C. Code § 42-1901.05 Ordinances and regulations
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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 physicall…
D.C. Code § 42-1901.06 Eminent domain
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(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 perm…
D.C. Code § 42-1901.07 Variation by agreement
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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 th…
D.C. Code § 42-1901.08 Interpretation of chapter
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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 s…
D.C. Code § 42-1902.01 Creation of condominiums; recordation of instruments; plats; contiguity of units
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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…
D.C. Code § 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
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(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…
D.C. Code § 42-1902.03 Description of condominium units; undivided interest in common elements automatically included
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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…
D.C. Code § 42-1902.04 Declaration, bylaws and amendments of each to be executed by owners and lessees
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The declaration and bylaws, and any amendments of either made pursuant to § 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 § 42-1902.19 does not include, in…
D.C. Code § 42-1902.05 Recordation of condominium instruments; amendment and certification thereof
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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 inst…
D.C. Code § 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
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Except to the extent otherwise provided by the condominium instruments: (1) The terms defined in § 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 w…
D.C. Code § 42-1902.07 Instruments construed together and incorporate one another; when conflict arises
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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 co…
D.C. Code § 42-1902.08 Provisions of instrument severable; unlawful provisions void; rule against perpetuities; restraints on alienation; unreasonable restraint
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(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 dis…
D.C. Code § 42-1902.09 Compliance with condominium chapter and instruments
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(a) 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…
D.C. Code § 42-1902.10 Contents of declaration; where condominium contains convertible land; expandable, contractable and leasehold condominiums; easements; additionally required descriptions
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(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 …
D.C. Code § 42-1902.11 Allocation of interests in common elements; proportionate or equal shares; statement in declaration; no alteration nor disposition without unit; no partition
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(a) The declaration may allocate to each unit depicted on plats and plans that comply with subsections (a) and (b) of § 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 allocat…
D.C. Code § 42-1902.12 Allocation where condominium expandable or contains convertible land; reallocation following addition of land; where all convertible space converted to common elements; effect of reduction in number of units
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(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 ident…
D.C. Code § 42-1902.13 Assignments of limited common elements; method of reassignment; amendment of instruments and recordation thereof
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(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…
D.C. Code § 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
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(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 existi…
D.C. Code § 42-1902.15 Preliminary recordation of plans
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Plans previously recorded pursuant to the provisos set forth in subsections (b) and (c) of § 42-1902.10 may be used in lieu of new plans to satisfy in whole or in part the requirements of §§ 42-1902.12(b), 42-1902.17(b) and 42-1902.19 if certifications thereof are recorded by the…
D.C. Code § 42-1902.16 Easement for encroachments and support; where liability not relieved
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(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 s…
D.C. Code § 42-1902.17 Conversion of convertible lands; recordation of appropriate instruments; character of convertible land; tax liability; time limitation on conversion
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(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 o…
D.C. Code § 42-1902.18 Conversion of convertible spaces; amendment of declaration and bylaws; recordation; status of convertible space not converted
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(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 c…
D.C. Code § 42-1902.19 Expansion of condominiums; amendment of declaration; recordation; reallocation of interests in common elements
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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 § 42-1902.14(c) and the recordation of an amendment …
D.C. Code § 42-1902.20 Contraction of condominiums; amendment of declaration; recordation; withdrawal of land after conveyance of unit
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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 leg…
D.C. Code § 42-1902.21 Declarant’s easement over common elements for purpose of improvements, etc
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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…
D.C. Code § 42-1902.22 Sales offices, model units, etc.; authorization; when become common elements
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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 r…
D.C. Code § 42-1902.23 Representations or commitments relating to additional or withdrawable land; declarant’s obligation to complete or begin improvements designated for such; liability for damages arising out of use of certain easements
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(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 …
D.C. Code § 42-1902.24 Improvements or alterations within unit; exterior appearance not to be changed; merger of adjoining units
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(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…
D.C. Code § 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
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(a) Unless expressly prohibited in the condominium instruments, the boundaries between adjoining units may be relocated in accordance with: (1) The provisions of this section and other applicable law; and (2) Any lawful restrictions and limitations specified in the condominium in…
D.C. Code § 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
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(a) Unless expressly prohibited by the condominium instruments, a unit may be subdivided in accordance with: (1) The provisions of this section and other applicable law; and (2) Any lawful restrictions and limitations specified in the condominium instruments. (b) If the unit owne…
D.C. Code § 42-1902.27 Amendment of instruments
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(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,…
D.C. Code § 42-1902.28 Termination of condominium
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(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 s…
D.C. Code § 42-1902.29 Condominium lease; recordation; terms; leasehold payments; increases; sale or assignation; offer to unit owners’ association; renewal
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(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, …
D.C. Code § 42-1902.30 Transfer of special declarant rights
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(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)…
D.C. Code § 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
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(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 ow…
D.C. Code § 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
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(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 bo…
D.C. Code § 42-1903.03 Meetings; electronic notice
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(a) 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 and shall be open to all unit owners of record in good standing. The bylaws shal…
D.C. Code § 42-1903.04 Meetings — Executive board; quorums
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(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 beg…
D.C. Code § 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
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(a) The bylaws may allocate to each unit depicted on plats and plans that comply with subsections (a) and (b) of § 42-1902.14 a number of votes in the unit owners’ association proportionate to the liability for common expenses as established pursuant to § 42-1903.12(c). (b) Other…
D.C. Code § 42-1903.06 Officers; disqualification
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(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 …
D.C. Code § 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
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(a)(1) Except to the extent otherwise provided by the condominium instruments, all powers and responsibilities with regard to maintenance, repair, renovation, restoration, and replacement of a condominium shall belong to: (A) The unit owners’ association in the case of the common…
D.C. Code § 42-1903.08 Unit owners’ associations; powers and rights; deemed attorney-in-fact to grant and accept beneficial easements
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(a) Except to the extent expressly prohibited by the condominium instruments, and subject to any restrictions and limitations specified herein, the unit owners’ association shall have the: (1) Power to adopt and amend bylaws or rules and regulations; (2) Power to adopt and amend …
D.C. Code § 42-1903.09 Tort and contract liability of association and declarant; judgment liens against common property and individual units
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(a) An action for tort alleging a wrong done: (1) by any agent or employee of the declarant or of the unit owners’ association; or (2) in connection with the condition of any portion of the condominium which the declarant or the association has the responsibility to maintain, sha…
D.C. Code § 42-1903.10 Insurance obtained by association; notice to unit owners
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(a) When any insurance policy has been obtained by or on behalf of the unit owners’ association, written notice of the procurement thereof and of any subsequent changes therein or termination thereof shall be promptly furnished to each unit owner by the officer required to send n…
D.C. Code § 42-1903.11 Rights to surplus funds
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Unless otherwise provided in the condominium instruments, any surplus funds of the unit owners’ association that remain after payment of or provision for common expenses and any prepayment of reserves shall be paid to the unit owners in proportion to the unit owners’ liabilities …
D.C. Code § 42-1903.12 Liability for common expenses; special assessments; proportionate liability fixed in bylaws; installment payment of assessments; when assessment past due; interest thereon
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(a) Except to the extent that the condominium instruments provide otherwise, any common expenses associated with the maintenance, repair, renovation, restoration, or replacement of any limited common element shall be specially assessed against the condominium unit to which that l…