Title 42, Real Property.

(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…

(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…

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 …

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…

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…

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…

(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 …

(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…

(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…

(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…

(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,…

(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…

(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, …

(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)…

(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…

(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…

(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…

(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…

(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…

(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 …

(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…

(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 …

(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…

(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…

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 …

(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…

(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…

(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…

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…

(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 …

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.

(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…

(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…

(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, …

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…

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 …

(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…

(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…

(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…

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…

(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…

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…

(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…

(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…

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.

(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…