An Act to provide for the creation of horizontal property regimes in the District of Columbia
PL 88-218 (H.R.4276), enacted 12/21/1963

77 STAT.] 
PUBLIC LAW 88-218-DEC. 21, 1963 
449 
Public Law 88-218 
AN A C T 
December 21,1963 
To provide for the creation of horizontal proi)erty regimes in the District of 
[H. R. 4276] 
Columbia. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act, 
Horizontal prop-
including the following table of contents, m a y be cited as the D^^t^tct ° / ^ 
"Horizontal Property A c t of the District of Columbia". 
lumbia'l ° 
"" 
TABLE OF CONTENTS 
Sec. 1. Short title. 
Sec. 2. Definitions. 
Sec. 3. Horizontal property regimes. 
Sec. 4, Status of condominium units within a horizontal property regime. 
Sec. 5. Joint tenancies, tenancies in common, tenancies by the entirety. 
Sec. 6. Ownership of condominium units, of common elements; declaration; 
voting; individual unit deed^. 
Sec. 7. Indivisibility of common elements; limitation upon partition. 
Sec. 8. Use of elements held in common, right to repair common elements. 
Sec. 9. Condominium subdivision. 
Sec. 10. Reference to plat. 
Sec. 11. Termination and waiver of regime. 
Sec. 12. Merger no bar to reconstitution. 
Sec. 13. Bylaws, availability for examination. 
Sec. 14. Necessary contents of bylaws; modification of system. 
Sec. 15. Books of receipts and expenditures; availability for examination. 
Sec. 16. Common profits, contributions for payment of common expenses of 
administration and maintenance. 
Sec. 17. Priority of liens. 
Sec. 18. Joint and several liability of purchaser and seller for amounts owing 
under section 16; purchaser's recovery, purchaser's or lender's right 
to a statement setting forth amount due. 
Sec. 19. Supplementary method of enforcement of lien. 
Sec. 20. Insuring building against risks; individual rights of co-owners. 
Sec. 21. Application of insurance proceeds to reconstruction; pro rata distri-
bution in certain cases; rules governing. 
Sec. 22. Sharing of reconstruction cost where building is not insured or insur-
ance indemnity is insufficient. 
Sec. 23. Separate taxation. 
Sec. 24. Actions; right to separate release of judgment. 
Sec. 25. Mechanics' and materialmen's liens, enforcement thereof; removal 
from lien; effect of part payment. 
Sec. 26. Nonapplication of rule against perpetuities and of rule against unrea-
sonable restraints on alienation to horizontal property regimes. 
Sec. 27. Supplement of existing code provisions. 
Sec. 28. Regulations of the Board of Commissioners and the zoning commission. 
Sec. 29. Interpretation. 
Sec. 30. Supplemental provisions relating to sewer and water services. 
Sec. 31. Authority of Board of Commissioners under Reorganization Plan 
Numbered 5 of 1952. 
Sec. 32. Severability. 
See. 33. Effective date. 
SEC. 2. DEFINITIONS.—Unless it is plainly evident from the context 
that a different meaning is intended, as used herein— 
(a) "Unit" or "condominium unit" means an enclosed space, con-
sisting of one or more rooms, occupying all or part of a floor in 
buildings of one or more floors or stories regardless of whether it be 
designed for residence, for office, for the operation of any industry or 
business, or for any other type of independent use, and shall include 
such accessory units as may be appended thereto, such as garage 
space, storage space, balcony, terrace or patio: Provided, That said 
unit has a direct exit to a thoroughfare or to a given common space 
leading to a thoroughfare. 
(b) "Condominium" means the ownership of single units in a 
multiunit structure with common elements. 
93-025 0-64-31 
450 
PUBLIC LAW 88-218-DEC. 21, 1963 
[77 STAT. 
(c) ''ConclomiIlium project" means a real estate condominium 
project; a plan or project whereby five or more apartments, rooms, 
office spaces, or other units in existing or proposed buildings or 
structures are offered or pi'oposed to be offered for sale. 
(d) "Co-owner'' means a person, persons, corporation, trust, or 
other legal entity, or any combination thereof, that owns a con-
dominium unit within the building. 
(e) "Council of co-owners'' means the co-owners as defined in sub-
section (d) of this section, acting as a group in accordance with the 
provisions of this Act and the bylaws and declaration established 
thereunder; and a majority, as dehned in subsection (k) of this sec-
tion, shall, except as otherwise provided in this Act, constitute a 
(quorum for the adoption of decisions. 
(f) "General common elements'' except as otherwise ])rovided in 
the plat of condominium subdivision, means and includes— 
(1) the land on which the building stands in fee simple or 
leased provided that the leasehold interest of each unit is separa-
ble from the leasehold interests of the other units; 
{'2) the foundations, main walls, roofs, halls, columns, girders, 
beams, supports, corridors, fire escapes, lobbies, stairways, and 
entrance and exit or communication ways; 
(8) the basements, flat roofs, yards, and gardens except as 
otherwise provided or stipulated; 
(4) the premises for lodging of janitors or persons in charge 
of the building, except as otherwise provided or stipulated; 
(5) the compartments or installations of central services such 
as power, light, gas, cold and hot water, heating, central air 
conditioning or central refrigeration, swimming pools, reservoirs, 
water tanks and pumps, and the like; 
(6) the elevators, garbage and trash incinerators and, in gen-
eral, all devices or installations existing for common use; and 
(7) all other elements of the building rationally of common 
use or necessary to its existence, upkeep, and safety. 
(g) "Limited common elements" means and includes those common 
elements which are agreed upon by all the co-ownere to be reserved 
for the use of a certain number of condominium units, such as special 
corridors, stairways, and elevators, sanitary services common to the 
apartments of a particular floor, and the like. 
(h) "Majority of co-owners", "two-thirds of the co-owners", and 
"three-fourths of the co-ownei's" mean, respectively, 51, 66%, and 75 
per centum or more of the votes of the co-owners computed in accord-
ance with their percentage interests as established under section 6 
of this Act. 
(i) "Plat of condominium subdivision" means the plat of the 
surveyor of the District of Columbia establishing the condominium 
units, accessory units, general common elements, and limited com-
mon elements. 
(j) "Person" means a natural individual, corporation, trustee, or 
other legal entity or any combination thereof. 
(k) "Developer" means a person that undertakes to develop a real 
estate condominium project. 
(1) "Property" means and includes the lands whether leasehold, if 
sej)arable as defined in (f)(1) of this section, or in fee simple, the 
building, all improvements and structures thereon, and all easements, 
rights, and appurtenances thereunto belonging. 
(m) "To record" means to record in accordance with the pro-
visions of section 499 of the Act entitled "An Act to establish a code 
of law for the District of Columbia", approved March 3, 1901 (31 
D.c. Code 45- 
Stat. 1189,1268). 
501. 
77 STAT.] 
PUBLIC LAW 88-218-DEC. 21, 1963 
451 
(n) "Common expenses" means and includes— 
(1) all sums lawfully assessed against the unit owners by the 
council of co-owners; 
(2) expenses of 
administration, 
maintenance, repair, 
or 
replacement of the common areas and facilities, including repair 
and replacement funds as may be established; 
(3) expenses agreed upon as common expenses by the council 
of co-owners; 
(4) expenses declared common expenses by the provisions of 
this Act or by the bylaws. 
(o) "Common profits" means the balance of all income, rents, 
profits, and revenues from the common areas and facilities remain-
ing after deduction of the common expenses. 
(p) All words used herein include the masculine, feminine, and 
neuter genders and include the singular or plural numbei's, as the 
case may be. 
SEC. 3. HORIZONTAL PROPERTY REGIMES.—"Whenever the owners or 
the co-owners of any square or lot shall subdivide the same into a 
condominium project in conformity with section 9 of this Act with 
a plat of condominium subdivision there shall be established a hori-
zontal property regime. 
SEC. 4. STATUS or 
(CONDOMINIUM T^NITS W I T H I N A HORIZONTAL 
PROPERTY REGIME.—Once the property is subdivided into the hori-
zontal property regime, a condominium unit in the building may be 
individually conveyed, leased, and encumbered and may be inherited 
or devised by will, as if it were sole and entirely independent of the 
other condominium units in the building of which it forms a part; 
the said separate units shall have the same incidents as real property 
and the corresponding individual titles and interests therein shall be 
recordable. 
SEC. 5. JOINT TENANCIES, TENANCIES IN COMMON, TENANCIES BY 
THE ENTIRETY.—Any condominium unit may be held and owned by 
more than one person as joint tenants, as tenants in common, as ten-
ants by the entirety (in the case of husband and wife), or in any other 
real property tenancy relationship i*ecognized under the laws of the 
District of Columbia. 
SEC. 
6. OWNERSHIP OF CONDOMINIUM UNITS, OF COMMON ELE-
MENTS; DECLARATION; VOTING; iNDivmuAL L'NIT DEEDS.—(a) 
A 
condominium unit owner shall have the exclusive fee simple owner-
ship of his unit and shall have a common right to a share, with the 
other co-owners, of an undivided fee simple interest in the common 
elements of the property, equivalent to the percentage representing 
the value of the unit to the value of the whole property. 
(b) Said percentage interest shall not be separated from the unit 
to which it appertains. 
(c) The individual percentages shall be established at the time the 
horizontal property regime is constituted by the recording among the 
land records of the District of Columbia, of a declaration setting 
forth said percentages, shall have a permanent character, and shall 
not be changed without the acquiescence of the co-ownei^s represent-
ing all the condominium units in the building, which said change 
shall be evidenced by an appropriate amendatory declaration to such 
effect recorded among the land records of the District of Columbia. 
Said share interest shall be set forth of record, in the initial indi-
vidual condominium unit deeds. Said share interests in the com-
mon elements shall, nevertheless, be subject to mutual rights of 
ingress, egress, and regress of use and enjoyment of the other co-
owners and a right of entry to officers, agents, and employees of the 
Government of the United States and the government of the District 
of Columbia acting in the performance of their official duties. 
452 
PUBLIC LAW 88-218- DEC. 21, 1963 
[77 STAT. 
(d) The said basic value of said undivided common interest shall 
be fixed for the purposes of this Act and shall not fix the market 
value of the individual condominium units and undivided share 
interests and shall not prevent each co-owner from fixing a different 
circumstantial value to his condominium unit and undivided share 
interest in the common elements, in all types of acts and contracts. 
(e) In addition to the foregoing provisions, the declaration may 
contain other provisions and attachments relating to the condomin-
ium and to the units which are not inconsistent with this Act. 
(f) Voting at all meetings of the co-owners shall be on a percentage 
basis, and the percentage of the vote to which each co-owner is 
entitled shall be the individual percentage assigned to his unit in the 
declaration. 
(g) Individual condominium unit deeds may make reference to 
this Act, the condominium subdivision and land subdivision plats 
referred to in section 10 hereof, the declaration provided for in this 
section, the bylaws of the council of co-owners, and the deeds may 
include any further details which the grantor and grantee may deem 
desirable to set forth consistent with the declaration and this Act. 
SEC. 7. INDIVISIBILITY OF COMMON ELEMENTS; LIMITATION UPON 
PARTITION.—(a) The common elements, both general and limited, 
shall remain undivided. 
No unit owner, or any other person, shall 
bring any action for partition or division of the co-ownership per-
Poat. p. 618, 
mitted under section 93 and related provisions of the Act of March 3, 
D.c. Code 16- 
1901 (31 Stat. 1203), as amended by the Act of June 30, 1902 (32 
1301-, 21- 213. 
Stat. 523, ch. 1329), against any other owner or owners of any interest 
or interests in the same horizontal property regime so as to terminate 
the regime. 
(b) Nothing contained in this section shall be construed as a 
limitation on partition by the owners of one or more units in a 
regime as to the individual ownership of such unit or units without 
terminating the regime or as to the ownership of property outside 
the regime: Provided, 
That upon partition of any such individual 
unit the same shall be sold as an entity and shall not be partitioned in 
kind. 
SEC. 8. 
USE OF ELEMENTS HELD IN COMMON, EIGHT To EEPAER 
COMMON ELEMENTS.—(a) Each co-owner may use the elements held 
in common in accordance with the purposes for which they are 
intended, without hindering or encroaching upon the lawful rights 
of the other co-owners. 
(b) The manager, board of directors or of administration, as the 
case may be, shall have an irrevocable right and an easement to enter 
units to make repairs to common elements or when repairs reasonably 
appear to be necessary for public safety or to prevent damage to 
property other than the unit. 
SEC. 9. CONDOMINIUM SUBDIVISION.—(a) Whenever the owner or 
the co-owners of any square or lot duly subdivided in conformity 
D.c. Code 1- 
with section 1581 of the Act of March 3, 1901 (31 Stat. 1425), or 
other applicable laws of the District of Columbia, shall deem it 
necessary to subdivide the same into a condominium project of con-
venient condominium units for sale and occupancy and means of 
access for their accommodation, he may cause a plat or plats to be 
made by the surveyor of the District of Columbia, on which said 
plats, together, shall be expressed— 
(1) the ground dimensions as set forth under such section 
1581 and the exterior lengths of all lines of the building; 
(2) for each floor of the condominium subdivision, the num-
ber or letter, dimensions, and len^hs of finished interior surfaces 
of unit dividing walls of the individual condominium units; the 
620 
77 STAT.] 
PUBLIC LAW 88-218-DEC. 21, 1963 
453 
elevations (or average elevation, in case of sliglit variance) from 
a fixed known point, of finished floors and of finished ceilings of 
such condominium units situate upon the same floor, and further 
expressing the area, the relationsliip of each unit to the other 
upon the same floor and their relationsliip to the common ele-
ments upon said floor; 
(3) the dimensions and lengths of the interior finished surface 
of walls, elevations, from said same fixed known point, of the 
finished floors and of the finished ceilings of the general conmion 
elements of the building, and, in proper case, of the limited com-
mon elements restricted to a given number of condominium units, 
expressing which are those units; 
(4) any other data necessary for the identification of the in-
dividual condominium units and the general and limited common 
elements. 
(b) And said cm-ners or co-owners may certify such condominium 
subdivisions under their hands and seals in the presence of two 
credible witnesses, upon the same plat or on a paper or a parchment 
attached thereto. And the same shall thereupon be put up, labeled, 
indexed, and preserved for record and deposit with the office of the 
suiTeyor for the District of Columbia in like manner as land sub-
divisions have been heretofore recorded or in such other books as 
the said surveyor may prescribe. 
SEC. 10. REFERENCE TO PLAT.—When a plat of a condominium proj-
ect and subdivision shall be so certified, examined, and recorded, the 
l)urchaser of any condominium unit thereof or any person interested 
therein, may refer to the plat and record for description in the same 
manner as to squares and lots divided between the Commissioners and 
the original jjroprietors and in the same manner as has been hereto-
fore the practice for land subdivisions: Provided. That said pur-
chaser or other person interested therein shall also make reference 
to the plat of land subdivision appearing prior to the establishment 
of the condominium subdivision thereupon. 
Any such conveyance 
of an individual condominium unit shall be deemed to also convey 
the undivided interest of the owner in the common elements, both 
general and limited, and of any accessory units, if any, appertaining 
to said condominium unit without specifically or particularly refer-
riiig to the same. 
SEC. 11. TERMINATION AND WAIVER OF REGIME.— (a) 
All 
the 
co-
owners or the sole owner of a building constituted into a horizontal 
property regime may terminate and waive this regime and regroup 
or merge the individual and several condominium units with the 
l)rincipal property; such teiTuination and waiver shall be by certifica-
tion to such eft'ect upon the plat of condominium subdivision estab-
lishing the particular horizontal property regime under the hands 
and seals of the said sole owner or co-owners, in the presence of two 
credible witnesses, ujx)!! the same plat or upon a paper or parchment 
attached thereto: Provided. 
That the said individual condominium 
units are unencumbered, or if encumbered, that the creditors in whose 
behalf the encumbrances are recorded agree to accept as security the 
undivided interest in the property of the debtor co-owner and said 
creditors or trustees under duly recorded deeds of trust, shall signify 
their assent to such termination and waiver upon the aforesaid plat, 
paper, or parchment: Provided further, That should the buildings or 
other improvements in a condominium project be more than two-
thirds destroyed by fire or other disaster, the co-owners of three-
fourths of the condominium project may waive and terminate the 
horizontal property regime and may certify to such termination and 
waiver: Provided further. That if within ninety days of the date of 
such damage or destiniction: 
454 
PUBLIC LAW 88-218-DEC. 21, 1963 
[77 STAT. 
(1) the council of co-owners does not determine to repair, 
reconstruct or i-ebuild as provided in sections 21 and 22 of this 
Act, or, 
(2) the insurance indemnity is delivered pro rata to the co-own-
ers in conformity with the pix)A'isions of section 21 of this 
Act and if the co-owners do not terminate and waive the regime 
in conformity with this section of this Act, then any unit owner 
or any other person aggrieved thereby may file a petition in the 
United States District Court for the District of Columbia, setting 
forth under oath such facts as may be necessary to entitle the 
petitioner to the relief prayed and praying judicial termination 
of the horizontal property regime. Said petition may be served 
as provided in section 14(g) of this Act. The court may there-
upon lay a rule upon the council of co-owners, unless they shall 
voluntarily appear and admit the allegations of the petition, 
to show cause, under oath, on or before the tenth day, exclusive 
of Sundays and legal holidays, after service of such rule, why 
the prayers of said petition should not be granted. 
If no cause 
be shown against the prayer of the petition by the council of 
co-owners, or by any one of the co-owners, the court may deter-
mine in a summary way whether the facts warrant termination 
and thereupon the court may decree the particular horizontal 
property regime terminated. 
(b) In the event a horizontal property regime is terminated or 
w^aived, the property shall be deemed to be owned in common by the 
co-owners, and the undivided interest in the property owned in com-
mon which shall appertain to each co-owner shall be the percentage of 
undivided interest j)reviously owned by such co-owner in the common 
elements in the property as set forth in the declaration under section 
6 hereof. 
(c) Upon such termination and waiver the provisions of section 10 
of this Act shall no longer be applicable and reference to the principal 
property thereupon, shall be to the plat and record of the prior land 
subdivision and thereupon the restraint against partition or division 
of the co-ownership imposed by section 7 of this Act shall no longer 
apply. 
In the event of such partition suit the net proceeds shall be 
divided among all the unit owners, in proportion to their respective 
undivided ownership of the common elements, after first paying off, 
out of the respective shares of the unit owners, all liens on the unit of 
each unit owner. 
To be valid such termination shall be recorded 
among the land records of the District of Columbia. 
SEC. 12. MERGER No BAR TO EECONSTITUTION.—The merger pro-
vided for in the preceding section shall in no w^ay bar the subsequent 
constitution of the property into another horizontal property regime 
whenever so desired and upon observance of the provisions of this 
Act. 
SEC. 13. BYLAWS, AVAILABILITY FOR EXAMINATION.—(a) 
The 
ad-
ministration of every building constituted into a horizontal property 
regime shall be governed by the bylaws as the council of co-owners 
may from time to time adopt, which said bylaws together with the 
declaration, including recorded attachments thereto, referred to in 
section 6 of this Act shall be available for examination by all the 
co-owners, their duly authorized attorneys or agents, at convenient 
hours on working days that shall be set and announced for general 
knowledge. 
(b) A true copy of said bylaws shall be annexed to the declaration 
referred to in section 6 of this Act and made a part thereof. 
No 
modification of or amendment to the bylaws shall be valid unless set 
forth in an amendment to the declaration and such amendment is 
duly recorded. 
77 STAT.] 
PUBLIC LAW 88-218-DEC. 21, 1963 
455 
(c) Each unit owner shall comply strictlj^ with the bylaws and 
with the administrative rules and regulations adopted pursuant 
thereto, as either of the same may be lawfully amended from time 
to time. Failure to comply with any of the same shall be ground 
for an action to recover sums due, for damages or injunctive relief, 
or both, maintainable by the manager, the administrator, board of 
directors or of administration, or as specified in the bylaws or in 
proper case, by an aggrieved unit owner. 
SEC. 14. NECESSARY CONTENTS OF BYLAWS; MODIFICATIOX OF SYS-
TEM.—(a) The bylaws must necessarily provide for at least the 
following: 
(1) Form of administration, indicating whether this shall be 
in charge of an administrator, manager, or of a board of direc-
tors, or of administration, or otherwise, and specifying the 
powers, manner of removal, and, where proper, the compensa-
tion thereof. 
(2) Method of calling or summoning the co-owners to assemble; 
that a majority of co-owners is required to adopt decisions, 
except as otherwise provided in this Act; who is to preside over 
the meeting and who will keep the minute book wherein the 
resolutions shall be recorded. 
(3) Care, upkeep, and surveillance of the building and its 
general or limited common elements and services. 
(4) Manner of collecting from the co-owners for the payment 
of common expenses. 
(5) Designation; hiring, and dismissal of the personnel neces-
sary for the good working order of the building and for the 
proper care of the general or limited common elements and to 
provide services for the building. 
(6) Such restrictions on or requirements respecting the use 
and maintenance of the units and the use of the common ele-
ments as are designed to prevent unreasonable interference with 
the use of the respective units and of the common elements by 
the several unit owners. 
(7) Designation of person authorized to accept service of 
process in any action relating to two or more units or to the 
common elements as authorized under section 24 of this Act. 
Such person must be a i-esident of and maintain an office in 
the District of Columbia. 
(8) Notice as to the existence or nonexistence of a declaration 
in trust for the enforcement of the lien for common expenses 
permitted under section 19 of this Act. 
(b) The sole owner of the building, or if there be more than one, 
the co-owners representing two-thirds of the votes provided for in 
section 6 of this Act may at any time modify the system of admin-
istration, but each one of the particulars set forth in this section shall 
always be embodied in the bylaws. 
SEC; 15. BOOKS OF RECEIPTS AND EXPENDITURES ; AVAILABILITY FOR 
EXAMINATION.—^The manager, administrator, 
or the board 
of 
directors, or of administration, or other form of administration speci-
fied in the bylaws, shall keep books with detailed accounts in 
chronological order, of the receipts and of the expenditures affecting 
the building and its administration and specifying the maintenance 
find repair expenses of the common elements and any other expenses 
incurred. Both said books and the vouchers accrediting the entries 
made thereupon shall be available for examination by the co-owners, 
their duly authorized agents or attorneys, at convenient hours on 
working days that shall be set and announced for general knowledge. 
All books and records shall be kept in aco/)rdance with good account-
456 
PUBLIC LAW 88-218-DEC. 21, 1963 
[77 STAT. 
ing practice and shall be audited at least once a year by an auditor 
outside the organization. 
SEC. 16. COMMON PROFITS, CONTRIBUTIONS FOR PAYMENT OF COM-
MON EXPENSES OP ADMINISTRATION AND MAINTENANCE.—(a) 
The 
common profits of the property shall be distributed among and the 
common expenses shall be charged to the unit owners according to the 
percentages established by section 6 of this Act: Provided, 
That 
for purposes of the application of the District of Columbia Income 
D.c. Code 47- 
aiid Fraucliise Tax Act of 1947 (61 Stat. 331), as amended, the council 
1551 note. 
^-f co-owuers sliall, in accordance with the provisions of said Act, 
l)e regarded as constituting an imincorporated business and shall file 
returns and pay taxes upon the taxable income derived from the com-
mon areas without regard to the "common profits" as defined in this 
Act. 
(b) All co-owners are bound to contribute in accordance with the 
said percentages toward the expenses of administration and of main-
tenance and repairs of the general common elements, and, in proper 
case, of the limited common elements of the building and toward any 
other expenses lawfully agreed upon by the council of co-owuiers. 
(c) No owner shall be exempt from contributing toward such com-
mon expenses by waiver of the use or enjoyment of the common ele-
ments both general and limited, or by the abandonment of the con-
dominium unit belonging to him. 
(d) Said contribution may be determined, levied, and assessed 
as a lien on the first day of each calendar or fiscal year, and may 
become and be due and payable in such installments as the bylaws 
may provide, and said bylaws may further provide that upon default 
in the payment of any one or more of such installments, the balance 
of said lien may be accelerated at the option of the manager, board of 
directors, or of management and be declared due and payable in full. 
SEC. 17. PRIORITY OF LIENS.—The lien determined, levied and 
assessed in accordance with section 16 of this Act shall have prefer-
ence over any other assessments, liens, judgments, or charges of 
whatever nature, except the following: 
(a) Real estate taxes, other taxes arising out of or resulting 
from the ownership, use, or operation of the common areas, 
special assessments, including, but not limited to, special assess-
ments for sewer mains, water mains, curbs, gutters, sidewalks, 
alleys, paving of streets, roads and avenues, removal or abatement 
of nuisances, and special assessments levied in connection with 
condemnation proceedings instituted by the District of Colum-
bia, and water charges and sanitary sewer service charges levied 
on the condominium unit, and judgments, liens, preferences, and 
griorities for any tax assessed against a co-owner by the Ignited 
tates or the District of Columbia or due from or payable by a 
co-owner to the United States or the District of Columbia, and 
judgments, liens, preferences, and priorities in favor of the Dis-
trict of Columbia for assessments or charges referred to in this 
subparagraph. 
(b) The liens of any deeds of trust, mortgage instruments, 
or encumbrances duly recorded on the condominium unit prior to 
the assessment of the lien thereon or duly recorded on said unit 
after receipt of a w^ritten statement from the manager, board of 
directors, or of management reflecting that payments on said lien 
were current as of the date of recordation of said deed.of trust, 
mortgage instrument, or encumbrance. 
Upon a voluntary sale or conveyance of a condominium unit all 
unpaid assessments against a grantor co-owner for his pro rata share 
of the expenses to which section 16 of this Act refers shall first be 
77 STAT. ] 
PUBLIC LAW 88-218-DEC. 21, 1963 
457 
paid out of tlie sales price or by the grantee in tlie order of preference 
set forth above. Upon an involuntary sale through foreclosure of a 
deed of trust, mortgage, or encumbrance having preference as set 
forth in subparagraph (b) of this section a purchaser thereunder 
shall not be liable for any installments of such lien as became due 
prior to his acquisition of title. Such arrears shall be deemed com-
mon expenses, collectible from all co-owners, including such purchaser. 
SEC. 18. JOINT AND SEVERAL LIABILITY OF PURCHASER AND SELLER 
F
O
R AMOUNTS OWING UNDER SECTION 16; 
PURCHASER'S RECOVERY, 
PURCHASER'S OR LENDER'S RIGHT TO A STATEMENT SETTING FORTH 
AMOUNT DUE.—The purchaser of a condominium unit in a voluntary 
sale shall be jointly and severally liable with the seller for the 
amounts owing by the latter under section 16 of this Act upon his 
interest in the condominium unit up to the time of conveyance; with-
out prejudice to the purchaser's right to recover from the other party 
the amounts paid by him as such joint debtor: Provided., That any 
such purchaser, or a lender under a deed of trust, mortgage, or 
encumbrance, or parties designated by them, shall be entitled to a 
statement from the manager, board of directors, or of administration, 
as the case may be, setting forth the amount of unpaid assessments 
against the seller or borrower, and the unit conveyed or encumbered 
shall not be subject to a lien for any unpaid assessment in excess of 
the amount set forth. 
SEC. 19. SUPPLEMENTARY METHOD OF ENFORCEMENT OF LIEN.— (a) 
In addition to proceedings available at law or equity for the enforce-
ment of the lien established by section 16 of this Act, all the owners 
of property constituted into a horizontal property regime may execute 
bonds conditioned upon the faithful performance and payment of 
the installments of the lien permitted by section 16 of this Act and 
may secure the payment of such obligations by a declaration in trust 
recorded among the land records of the District of Columbia, grant-
ing unto a trustee or trustees appropriate powers to the end that upon 
default in the performance of such bond, said declaration in trust 
may be foreclosed by said trustee or trustees, acting at the direction 
of the manager, board of directors, or of management, as is proper 
practice in the District of Columbia in foreclosing a deed of trust. 
(b) And the bylaws may require in the event such bonds have 
been executed and such declaration in trust is recorded that any sub-
sequent purchaser of a condominium unit in said horizontal property 
regime shall take title subject thereto and shall assume such obliga-
tions: Provided, That the said lien, bond, and declaration in trust 
shall be subordinate to and a junior lien to liens for real estate taxes 
and other taxes arising out of or resulting from the ownership, use, 
or operation of the common areas, liens for special assessments, 
including, but not limited to, special assessments for sewer mains, 
water mains, curbs, gutters, sidewalks, alleys, paving of streets, roads, 
and avenues, removal or abatement of nuisances, and special assess-
ments levied in connection with condemnation proceedings instituted 
by the District of Columbia, and liens for water charges and sanitary 
sewer service charges levied on the condominium unit, and to judg-
ments, liens, preferences, and priorities for any tax assessed against 
a co-owner by the United States or the District of Columbia or due 
from or payable by a co-owner to the United States or the District 
of Columbia, and to judgments, liens, preferences, and priorities in 
favor of the District of Columbia for assessments or charges referred 
to in this section then or thereafter accruing against the unit and to 
the lien of any duly recorded deeds of trust, mortgages, or encum-
brances previously placed upon the unit and said lien, bond, and 
declaration in trust shall be and become subordinate to any subse-
458 
PUBLIC LAW 88-218-DEC. 21, 1963 
[77 STAT. 
(liieiitly recorded deeds of trust, mortgages, or eneiiinbrjinces: Pro-
v'lded. That the lender thereunder sliall jfirst obtain from the man-
ager, board of directors, or of administration a written statement as 
provided m section 18 of this Act reflecting that payments due under 
this lien are current as of the date of recordation of such subsequent 
deed of trust, mortgage, or encumbrance. 
SEC. 20. INSURING BUILDING AGAINST RISKS; INDIVIDUAL EIGHTS 
OF CO-OWNERS.—The manager or the board of directors, if required 
by the bylaws or by a majority of the co-owners, or at the request of 
a mortgagee having a first mortgage of record covering a unit, shall 
have the authority to, and shall, obtain insurance for the property 
against loss or damage by fire and such other hazards under such 
terms and for such amounts as shall be required or requested. 
Such 
insurance coverage shall be written on the property in the name of 
such manager or of the board of directors of the council of co-owners, 
as trustee for each of the unit owners in the percentages established 
in the declaration. Premiums shall be common expenses. Provision 
for such insurance shall be without prejudice to the right of each 
unit owner to insure his own unit for his benefit. 
SEC. 21. APPLICATION OF INSURANCE PROCEEDS TO EECONSTRUCTION ; 
PRO RATA DISTRIBUTION IN CERTAIN CASES; RULES GOVERNING.—(a) 
In case of fire or other disaster the insurance indemnity shall, except 
as provided in the next succeeding paragraph of this section, be 
applied to reconstruct the building. 
(b) Reconstruction shall not be compulsory where destruction com-
l)rises the whole or more than two-thirds of the buildings and other 
improvements in a condominium project. 
In such cases, and unless 
otherwise unanimously agreed upon by the co-owners, the indemnity 
shall be delivered pro rata to the co-owners entitled to it in accord-
ance with provisions made by the bylaws or in accordance with a 
decision of three-fourths of the co-owners, if there be no bylaw 
provision, after first paying off, out of the respective shares of the 
unit owners, to the extent sufficient for the purpose, all liens on the 
unit of each co-owner. Should it be proper to proceed with the recon-
struction, the provision for such eventuality made in the bylaws shall 
be observed, or in lieu thereof, the decision of the council of co-owners 
shall prevail, subject to all provisions of law and regulations of the 
District of Columbia then in effect. 
SEC. 22. SHARING OF RECONSTRUCTION COST WHERE BUILDING IS 
NOT INSURED OR INSURANCE INDEMNITY IS INSUFFICIENT.—^\^'^here the 
building is not insured or where the insurance indemnity is insufficient 
to cover the cost of reconstruction the new building costs shall be paid 
by all the co-owners in the same proportion as their proportionate 
ownership of the common elements of the condominium project, and 
if any one or more of those composing the minority shall refuse to 
make such payments, the majority may proceed with the reconstruc-
tion at the expense of all the co-owners and the share of the result-
ing common expense may be assessed against all the co-owners and 
such assessment for this expense shall have the same priority as pro-
vided under section 17 of this Act. 
SE(\ 23. SEPARATE TAXATION.— (a) For the purposes of assessment 
and taxation of property constituted into a horizontal property 
regime and to conform to the system of numbering squares, lots, 
blocks, and parcels for taxation purposes in effect in the District of 
Columbia, each condominium unit duly situate upon a subdivided 
lot and square shall bear a number or letter that will distinguish it 
from every other condominium unit situate in said lot and square. 
(b) Each of said condominium units shall be carried on the records 
of the District of Columbia as a separate and distinct entity and all 
77 STAT. ] 
PUBLIC LAW 88-218-DEC. 21, 1963 
459 
real estate taxes, other taxes arising out of or resulting from the own-
ership, use, or operation of the common areas, special assessments, in-
cluding, but not limited, to, special assessments for sewer mains, 
water mains, curbs, gutters, sidewalks, alleys, paving of streets, 
roads, and avenues, removal or abatement of nuisances, and special 
assessments levied in connection with condemnation proceedings in-
stituted by the District of Columbia, shall be assessed, levied, and 
collected against each of said several separate and distinct units in 
conformity with the percentages of co-ownership established by 
section 6 of this Act, and in accordance with the provisions of law in 
effect in the District of Columbia relating to assessment, levying, and 
collection of real property taxes. 
(c) The council of co-owners shall be liable for the filing of 
returns and payment of the tax on personal property located in the 
common areas and held for use or used in a trade or business or 
held for sale or rent. 
(d) The title to an individual condominium unit shall not be 
divested or in anywise affected by the forfeiture or sale of any or 
all of the other condominium units for delinquent real estate taxes, 
other taxes arising out of or resulting from the ownership, use, 
or operation of the common areas, special assessments, including, 
but not limited to, special assessments for sewer mains, water mains, 
curbs, gutters, sidewalks, alleys, paving of streets, roads and avenues, 
removal or abatement of nuisances, special assessments levied in 
connection with condemnation proceedings instituted by the District 
of Columbia, or water charges and sanitary sewer service charges: 
Provided^ That the real estate taxes, the duly levied share of such 
other taxes and of such special assessments, and the water and sani-
tary sewer service charges on or against said individual condominium 
unit are currently paid. 
SEC. 24. ACTIONS; EIGHT TO SEPARATE RELEASE OF JUDGMENT.—(a) 
Without limiting the right of any co-owner, actions may be brought 
on behalf of two or more of the unit owners, as their respective 
interests may appear, by the manager, or board of directors, or 
of administration with respect to any cause of action relating to the 
common elements or more than one unit. 
(b) Service of process on two or more unit owners in any action 
relating to the common elements may be made on the person 
designated in the bylaws in conformity with section 14(g) of this 
Act. 
(c) In the event of entry of a final judgment as a lien against two or 
more unit owners, the unit owners of the separate units may remove 
their unit and their percentage interest in the common elements from 
the lien thereof by payment of the fractional proportional amounts 
attributable to each of the units affected. 
Said individual payment 
shall be computed by reference to the percentage established pur-
suant to section 6 of this Act. After such partial payment, partial 
discharge, or release or other satisfaction, the unit and its percentage 
interest in the common elements shall thereafter be free and clear 
of the lien of such judgment. 
(d) Such partial payment, satisfaction, or discharge shall not 
prevent such a judgment creditor from proceeding to enforce his 
lights against any unit and its percentage interest in the common 
elements not so paid, satisfied, or discharged. 
SEC. 25. MECHANICS' AND MATERIALMEN'S LIENS, ENFORCEMENT 
THEREOF; REMOVAL FROM L I E N ; EFFECT OF PART 
PAYMENT.—(a) 
Subsequent to establishment of a horizontal property regime as pro-
vided in this Act, and while the property remains subject to this 
Act, no lien shall thereafter arise or be effective against the property. 
460 
PUBLIC LAW 88-218-DEC.. 21,1963 
[77 STAT. 
During such period liens or encumbrances shall arise or be created 
and enforced only against each unit and the percentage of imdivided 
interest in the common areas and facilities appurtenant to such unit 
in the same manner and under the same conditions in every respect 
as liens or encumbrances may arise or be created upon or against any 
other separate parcel or real property subject to individual owner-
ship : Provided^ That no labor performed or materials furnished with 
the consent or at the request of a unit owner or his agent or his con-
tractor or subcontractor, shall be the basis for the filing of a lien 
pursuant to the provisions of section 1237 of the Act of March 3,1901 
D.c. Code 38- 
(31 Stat. 1384), against the unit o/any other property of any other 
^°^* 
unit owner not expressly consenting to or requesting the same, except 
that such express consent shall be deemed to be given by the owner 
of any unit in the case of emergency repairs thereto. Labor per-
formed or materials furnished for the common areas and facilities, 
if duly authorized by the council of co-ownei-s, the manager, or board 
of directors in accordance with this Act, the declaration or bylaws, 
shall be deemed to be performed or furnished with the express con-
sent of each unit owner and shall be the basis for the filing of a lien 
pursuant to the provisions of section 1237 of ithe Act of March 3, 
1901 (31 Stat. 1384), against each of the units and shall be subject 
to the provisions of subparagraph (b) hereunder. 
Notice of said 
lien may be served on the person designated in conformity with 
section 14(g) of this Act. 
(b) In the event of filing of a lien against two or more units and 
their respective percentage interest in the common elements, the unit 
owners of the separate units may remove their unit and their per-
centage interest in the common elements appurtenant thereto from 
the said lien by payment, or may file a written undertaking with 
surety approved by the court as provided in section 1254 of the Act 
D. c. Code 38- 
of March 3, 1901 (31 Stat. 1387), of the fractional or proportional 
^^^' 
amounts attributable to each of the units affected. 
Said individual 
payment, or amount of bond, shall be computed by reference to the 
percentage established pursuant to section 6 of this Act. After such 
partial payment, filing of bond, partial discharge, or release, or other 
satisfaction, the unit and its percentage interest in the common ele-
ments shall thereafter be free and clear of such lien. Such partial 
payment, indemnity, satisfaction, or discharge shall not prevent the 
lienor from proceeding to enforce his rights against any unit and its 
percentage interest in the common elements not so paid, indemnified, 
satisfied, or discharged. 
SEC. 26. NONAPPLTCATION OF RULE AGAINST PERPETUITIES AND OP 
RULE 
AGAINST UNREASONABLE RESTRAINTS ON ALIENATION TO HORI-
ZONTAL PROPERTY REGIMES.—The rule of property known as the rule 
against perpetuities, and the rule of property known as the rule 
restricting unreasonable restraints on alienation, sections 1023 and 
1025 of the Act entitled "An Act to establish a code of laws for the 
D. c. Code 45- DistHct of Columbia", approved March 3, 1901 (31 Stat. 1J^51, ch. 
102; 45-104. 
854), shall not be applied to defeat any of the provisions of this Act, 
or of any declaration, bylaws, or other document executed in accord-
ance with this Act as to the condominium project. This exemption 
shall not apply to estates in the individual condominium units. 
SEC. 2Y. SUPPLEMENT OF EXISTING CODE PROVISIONS.—The provi-
sions of this Act shall be in addition to and supplemental to all other 
provisions of law of the District of Columbia and wheresoever 
there appears in the provisions the words "square", "lot", "land", 
"ground", "parcel", "property", "block", or other designation denot-
ing a unit of land, where appropriate to implement this Act, after 
such descriptive terms, there shall be deemed inserted reference to a 
77 STAT. ] 
PUBLIC LAW 88-218-DEC. 21, 1963 
461 
condomiiiiiun unit, condoniiniiun siibdi\isioii, or hoiizontal property 
regime, wliicliever shall be appropriate to effect the ends and pur-
poses of this Act: Provided. 
That wherever the application of the 
provisions of this Act conflict with the application of such other pro-
visions, the provisions of law generally applicable to buildings in like 
use in the District of Columbia shall prevail. 
SEC. 
28. RECJULATIONS or THE BOARD or COMMISSIONERS AND THE 
ZONING COMMISSION.—In order to bring horizontal propei-ty regimes 
into compliance with the laws and regulations in effect in the District 
of Columbia, the Board of Commissioners of the District of Columbia 
and the Zoning Commission of the District of Columbia are each 
hereby authorized to adopt and enforce such regulations as either 
deems proper, within its respective general authority. 
SEC. 29. INTERPRETATION,— (a) This Act shall be interpreted in 
such a manner as to require each condominium unit and each hori-
zontal property regime to be in compliance with all District of 
Columbia laws and regulations relating to property of like type, 
whether it be designed for residence, for office, for the operation of 
any industry or business, or for any other use. 
The owner of 
each condominium unit shall be responsible for the compliance of 
his unit with such laws and regulations, and the council of co-owners 
and any person designated by them to manage the regime shall be 
jointly and severally liable for compliance with all such laws and 
regulations in all matters relating to the common elements of the 
regime. 
(b) Notwithstanding any provision of this Act, the owner of each 
condominium unit shall have the same responsibility for the payment 
of all taxes, assessments, and other charges due to the District of 
Columbia as does any other person or property owner similarly 
situated. 
(c) Notwithstanding any provision of this Act, the method of en-
forcement available to the District of Columbia to collect any tax 
or assessment or any charge from any individual property owner or 
any building owner shall be available to collect taxes, assessments, and 
charges from individual condominium unit owners and from the 
council of co-owners. 
(d) Nothing contained in this Act shall in any way be constraed as 
affecting the riglit to institute and maintain eminent domain pro-
ceedings. 
SEC. 30. SUPPLEMENTAL PROVISIONS RELATING TO SEWER AND WATER 
SER\T:CES.— (a) Notwithstanding any provision of this Act, the devel-
oper or co-owners of any horizontal property regime shall have the 
right to have installed for each and every individual unit a separately 
metered water service. Such installations shall be subject to all laws 
and regulations then or thereafter in effect* in the District of Colum-
bia. Upon the establishment of such separate water services each 
unit owner and his successor in title and persons occupying such units 
shall be responsible for the payment to the District of Columbia of all 
water and sewer charges rendered and the Commissioners of the Dis-
trict of Columbia are authorized to enforce any and all of the 
remedies for collection of such charges as are authorized by law. 
(b) A common water service is hereby expressly authorized for 
any horizontal property regime and in the event that a horizontal 
property regime is provided with a common water service to the 
charges for sewer and water service shall be billed to the person desig-
nated by the co-owners, pursuant to the bylaws, to manage the i-egime. 
In the event that the entire sewer and water charges are not paid 
within the time specified by law for the payment of sewer and water 
charges, the Commissioners shall be authorized to enforce payment 
462 
PUBLIC LAW 88-219-DEC. 21, 1963 
[77 STAT. 
in any manner authorized by law, including, but not limited to, the 
assessment of an additional charge for late payment, the shutting off 
of water to the regime and the enforcement oi the liens for nonpay-
ment of such charges against the individual units in conformity with 
the percentage of co-ownership established by section 6 of this Act. 
SEC. 31. AUTHORITY OF BOARD OF COMMISSIONERS UNDER EEORGANI-
zATioN PLAN NUMBERED 5 OF 1952.—Nothing in this Act or in any 
amendments made by this Act shall be construed so as to affect the 
authority vested in the Board of Commissioners of the District of 
Columbia by Eeorganization Plan Numbered 5 of 1952 (66 Stat. 
D.c. Code title 824). The performance of any function vested by this Act in the 
1 app- 
Board of Commissioners or in any office or agency under the jurisdic-
tion and control of said Board of Commissioners may be delegated 
by said Board of Commissioners in accordance with section 3 of 
such plan. 
SEC. 32. SEVERABiLiTr.—^If any provision of this Act, or any sec-
tion, sentence, clause, phrase, or word or the application thereof, in 
any circumstances is held invalid, the validity of the remainder of 
this Act, and of the application of any such provision, section, sen-
tence, clause, phrase, or word in any other circumstances shall not 
be affected thereby and to this end, the provisions of this Act are 
declared severable. 
SEC. 33. EFFECTIVE DATE.—^This Act shall take effect one hundred 
and twenty days after its enactment. 
Approved December 21, 1963. 
Public Law 88-219 
December 21, 1963 
AN ACT 
[H. R. 5778] 
Fjjj amend title 39, United States Code, to increase from 10 to 20 miles the area 
within which tlie Postmaster General may establish stutions, substations, or 
branches of post offices, and for other purposes. 
Branch post of-
Be it enacted hy tlie SeiMte and Ilouae of Representatives 
of the 
nited /States of America in Congress assembled, That subsections 
United 
fices and stations. ^^^ ^ud (d) of sectioii 705 of title 39, United States Code, are amended 
7rstat.''583!^* to read as follows: 
" (c) The Postmaster General may establish stations, substations, or 
branches of a post office within twenty miles of the outer boundary 
or limits of a village, town, or city having 1,500 or more inhabitants 
and in which the principal office is located. This authority may not be 
used by the Postmaster General as a basis for discontinuing an estab-
lished post office. 
"(d) The Postmaster General may establish stations, substations, 
or branches of a post office at camps, j^osts, or stations of the Armed 
Forces, at defense or other strategic installations, and at aiiiwrts.'' 
Approved December 21, 1963.