Title 42 — Real Property.
57 chapters · 1,018 sections in this title.
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…
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…
D.C. Code § 42-2001 Short title
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This subchapter, including its table of contents, may be cited as the “Horizontal Property Act of the District of Columbia.”
D.C. Code § 42-2002 Definitions
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Unless it is plainly evident from the context that a different meaning is intended, as used herein: (1) “Unit” or “condominium unit” means an enclosed space, consisting of 1 or more rooms, occupying all or part of 1 or more floors in buildings of 1 or more floors or stories regar…
D.C. Code § 42-2003 Establishment by subdivision
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Whenever the owners or the co-owners of any square or lot shall subdivide the same into a condominium project in conformity with § 42-2009 with a plat of condominium subdivision there shall be established a horizontal property regime.