reglab/housing_qa huggingface dataset:
DC Code § 42-1902.09 (2021)
2021 District of Columbia Code|Title 42 - Real Property|Chapter 19 - Condominiums|Subchapter II - Establishment of Condominiums|§ 42-1902.09. Compliance with condominium chapter and instruments

(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’ association’s executive board, any managing agent on behalf of the unit owners’ association, an aggrieved person on his or her own behalf, or, in an otherwise proper case, as a class action. (b) The decisions and actions of the unit owners’ association and its executive board shall be reviewable by a court using the “business judgment” standard. A unit owners’ association shall have standing to sue in its own name for a claim or action related to the common elements. Unless otherwise provided in the condominium instruments, the substantially prevailing party in an action brought by a unit owners’ association against a unit owner or by a unit owner against the unit owners’ association shall be entitled to recover reasonable attorneys’ fees and costs expended in the matter.  (Mar. 29, 1977, D.C. Law 1-89, title II, § 209, 23 DCR 9532b; Mar. 8, 1991, D.C. Law 8-233, § 2(m), 38 DCR 261; June 21, 2014, D.C. Law 20-109, § 2(c), 61 DCR 4304.)  Prior Codifications 1981 Ed., § 45-1819. 1973 Ed., § 5-1219. Section References This section is referenced in § 42-1903.13. Effect of Amendments The 2014 amendment by D.C. Law 20-109 added (b). Cross References Liens for unit assessments, enforcement and foreclosure sales, see § 42-1903.13.
DC Code § 42-1902.11 (2021)
2021 District of Columbia Code|Title 42 - Real Property|Chapter 19 - Condominiums|Subchapter II - Establishment of Condominiums|§ 42-1902.11. Allocation of interests in common elements; proportionate or equal shares; statement in declaration; no alteration nor disposition without unit; no partition

(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 allocate to each such unit an equal undivided interest in the common elements, subject to the following exception: Each convertible space so depicted shall be allocated an undivided interest in the common elements proportionate to the size of each such space, vis-à-vis the aggregate size of all units so depicted, while the remaining undivided interest in the common elements shall be allocated equally to the other units so depicted. (c) The undivided interests in the common elements allocated in accordance with subsection (a) or (b) of this section shall add up to 1 if stated as fractions or 100% if stated as percentages. (d) If, in accordance with subsection (a) or (b) of this section, an equal undivided interest in the common elements is allocated to each unit, the declaration may simply state that fact and need not express the fraction or percentage so allocated. (e) Otherwise, the undivided interest allocated to each unit in accordance with subsection (a) or (b) of this section shall be reflected by a table in the declaration, or by an exhibit or schedule accompanying the declaration and recorded simultaneously therewith, containing 3 columns. The first column shall identify the units, listing them serially or grouping them together in the case of units to which identical undivided interests are allocated. Corresponding figures in the second and third columns shall set forth the respective areas or par values of those units and the fraction or percentage of undivided interest in the common elements allocated thereto. (f) Except to the extent otherwise expressly provided by this chapter, the undivided interest in the common elements allocated to any unit shall not be altered, and any purported transfer, encumbrance, or other disposition of that interest without the unit to which it appertains shall be void. (g) The common elements shall not be subject to any suit for partition until and unless the condominium is terminated.  (Mar. 29, 1977, D.C. Law 1-89, title II, § 211, 23 DCR 9532b.)  Prior Codifications 1981 Ed., § 45-1821. 1973 Ed., § 5-1221. Section References This section is referenced in § 42-1902.10.
DC Code § 42-1902.15 (2021)
2021 District of Columbia Code|Title 42 - Real Property|Chapter 19 - Condominiums|Subchapter II - Establishment of Condominiums|§ 42-1902.15. Preliminary recordation of plans

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 declarant in accordance with § 42-1902.14(b); and if such certifications are so recorded, the plans which they certify shall be deemed recorded pursuant to § 42-1902.14(c) within the meaning of the 3 sections aforesaid.  (Mar. 29, 1977, D.C. Law 1-89, title II, § 215, 23 DCR 9532b.)  Prior Codifications 1981 Ed., § 45-1825. 1973 Ed., § 5-1225. Section References This section is referenced in § 42-1902.14.
DC Code § 42-1902.16 (2021)
2021 District of Columbia Code|Title 42 - Real Property|Chapter 19 - Condominiums|Subchapter II - Establishment of Condominiums|§ 42-1902.16. Easement for encroachments and support; where liability not relieved

(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 shifting of any land or improvement, a valid easement for such encroachment shall exist; provided, however, such easement shall not relieve unit owners of liability in cases of wilful and intentional misconduct by them or their agents or employees, nor shall the declarant or any contractor, subcontractor, or materialman be relieved of any liability which any of them may have by reason of any failure to adhere strictly to the plats and plans. (b) Each unit and common element shall have an easement for support from every other unit and common element.  (Mar. 29, 1977, D.C. Law 1-89, title II, § 216, 23 DCR 9532b.)  Prior Codifications 1981 Ed., § 45-1826. 1973 Ed., § 5-1226.
DC Code § 42-1902.17 (2021)
2021 District of Columbia Code|Title 42 - Real Property|Chapter 19 - Condominiums|Subchapter II - Establishment of Condominiums|§ 42-1902.17. Conversion of convertible lands; recordation of appropriate instruments; character of convertible land; tax liability; time limitation on conversion

(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 of the recordation of appropriate instruments pursuant to subsection (b) of this section and § 42-1902.14(c). (b) The declarant shall prepare, execute, and record an amendment to the declaration describing the conversion. Such amendment shall assign an identifying number to each unit formed out of a convertible land and shall reallocate undivided interests in the common elements in accordance with § 42-1902.12(b). Such amendment shall describe or delineate the limited common elements formed out of the convertible land, showing or designating the unit or units to which each is assigned. (c) All convertible lands shall be deemed a part of the common elements except for such portions thereof as are converted in accordance with the provisions of this section. Until the expiration of the period during which conversion may occur or until actual conversion, whichever occurs first, real estate taxes shall be assessed against the declarant rather than the unit owners as to both the convertible land and any improvements thereon. No such conversion shall occur after 5 years from the recordation of the declaration, or such shorter period of time as the declaration may specify.  (Mar. 29, 1977, D.C. Law 1-89, title II, § 217, 23 DCR 9532b.)  Prior Codifications 1981 Ed., § 45-1827. 1973 Ed., § 5-1227. Section References This section is referenced in § 42-1901.02, § 42-1902.15, and § 42-1902.19.
DC Code § 42-1902.18 (2021)
2021 District of Columbia Code|Title 42 - Real Property|Chapter 19 - Condominiums|Subchapter II - Establishment of Condominiums|§ 42-1902.18. Conversion of convertible spaces; amendment of declaration and bylaws; recordation; status of convertible space not converted

(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 conversion shall be deemed to have occurred at the time of the recordation of appropriate instruments pursuant to subsection (b) of this section and § 42-1902.14(d). (b) Simultaneously with the recording of plats and plans pursuant to § 42-1902.14(d), the declarant shall prepare, execute, and record an amendment to the declaration describing the conversion. Such amendment shall assign an identifying number to each unit formed out of a convertible space and shall allocate to each unit a portion of the undivided interest in the common elements appertaining to that space. Such amendment shall describe or delineate the limited common elements formed out of the convertible space, showing or designating the unit or units to which each is assigned. (c) If all or any portion of any convertible space is converted into 1 or more units in accordance with this section, the declarant shall prepare, execute, and record simultaneously with the amendment to the declaration, an amendment to the bylaws. The amendment to the bylaws shall reallocate votes in the unit owners’ association, rights to future common profits, and liabilities for future common expenses not specially assessed, all as in the case of the subdivision of a unit in accordance with § 42-1902.26(d). (d) Any convertible space not converted in accordance with the provisions of this section, or any portion or portions thereof not so converted, shall be treated for all purposes as a single unit until and unless it is so converted, and the provisions of this chapter shall be deemed applicable to any such space, or portion or portions thereof, as though the same were a unit.  (Mar. 29, 1977, D.C. Law 1-89, title II, § 218, 23 DCR 9532b.)  Prior Codifications 1981 Ed., § 45-1828. 1973 Ed., § 5-1228. Section References This section is referenced in § 42-1901.02 and § 42-1902.26.
DC Code § 42-1902.19 (2021)
2021 District of Columbia Code|Title 42 - Real Property|Chapter 19 - Condominiums|Subchapter II - Establishment of Condominiums|§ 42-1902.19. Expansion of condominiums; amendment of declaration; recordation; reallocation of interests in common elements

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 to the declaration, duly executed by the declarant, including, without limitation, all of the owners and lessees of the additional land added to the condominium. Such amendment shall contain a legally sufficient description of the land added to the condominium, and shall reallocate undivided interests in the common elements in accordance with the provisions of § 42-1902.12(b). Such amendment may create convertible or withdrawable lands within the land added to the condominium, but this provision shall not be construed in derogation of the time limits imposed by or pursuant to §§ 42-1902.10(d)(3) and 42-1902.17(c).  (Mar. 29, 1977, D.C. Law 1-89, title II, § 219, 23 DCR 9532b.)  Prior Codifications 1981 Ed., § 45-1829. 1973 Ed., § 5-1229. Section References This section is referenced in § 42-1901.02, § 42-1902.04, and § 42-1902.15.
DC Code § 42-1902.21 (2021)
2021 District of Columbia Code|Title 42 - Real Property|Chapter 19 - Condominiums|Subchapter II - Establishment of Condominiums|§ 42-1902.21. Declarant’s easement over common elements for purpose of improvements, etc

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 those instruments and of this chapter, and for the purpose of doing all things reasonably necessary and proper in connection therewith.  (Mar. 29, 1977, D.C. Law 1-89, title II, § 221, 23 DCR 9532b.)  Prior Codifications 1981 Ed., § 45-1831. 1973 Ed., § 5-1231. Section References This section is referenced in § 42-1901.02, § 42-1902.23, and § 42-1903.09.
DC Code § 42-1902.22 (2021)
2021 District of Columbia Code|Title 42 - Real Property|Chapter 19 - Condominiums|Subchapter II - Establishment of Condominiums|§ 42-1902.22. Sales offices, model units, etc.; authorization; when become common elements

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 regard to the number, size, location, and relocation thereof. Any such sales office, management office, or model unit which is not designated a unit by the condominium instruments shall become a common element as soon as the declarant ceases to be a unit owner, and the declarant shall cease to have any rights with regard thereto unless such sales office, management office, or model unit is removed forthwith from the submitted land in accordance with a right reserved in the condominium instruments to make such removal.  (Mar. 29, 1977, D.C. Law 1-89, title II, § 222, 23 DCR 9532b.)  Prior Codifications 1981 Ed., § 45-1832. 1973 Ed., § 5-1232. Section References This section is referenced in § 42-1901.02, § 42-1902.23, § 42-1902.30, and § 42-1903.09.
DC Code § 42-1902.23 (2021)
2021 District of Columbia Code|Title 42 - Real Property|Chapter 19 - Condominiums|Subchapter II - Establishment of Condominiums|§ 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

(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 either lawfully withdrawn from the condominium or never added thereto except to the extent that the condominium instruments so provide. In the case of any covenant, restriction, limitation, or other representation or commitment in the condominium instruments, or in any other agreement that requires the declarant to add any portion of the additional land or to withdraw any portion of the withdrawable land, or imposing any obligations with regard to anything that is or is not to be done with regard to the condominium or any portion of the condominium, this subsection shall not be construed to nullify, limit, or otherwise affect that obligation. (b) The declarant shall complete all improvements labeled “not yet completed” on plats recorded pursuant to the requirements of this chapter unless the condominium instruments expressly exempt the declarant from such obligation, and shall, in the case of every improvement labeled “not yet begun” on such plats, state in the declaration either the extent of the obligation to complete the same or that there is no such obligation. (c) To the extent that damage is inflicted on any part of the condominium by any person or persons utilizing the easements reserved by the condominium instruments or created by §§ 42-1902.21 and 42-1902.22, the declarant together with the person or persons causing the same shall be jointly and severally liable for the prompt repair thereof and for the restoration of the same to a condition compatible with the remainder of the condominium.  (Mar. 29, 1977, D.C. Law 1-89, title II, § 223, 23 DCR 9532b; Mar. 8, 1991, D.C. Law 8-233, § 2(p), 38 DCR 261; Mar. 20, 1992, D.C. Law 9-82, § 2(f), 39 DCR 683.)  Prior Codifications 1981 Ed., § 45-1833. 1973 Ed., § 5-1233. Temporary Legislation For temporary (225 day) amendment of section, see § 2(f) of Condominium Act of 1976 Technical and Clarifying Temporary Amendment Act of 1991 (D.C. Law 9-38, August 17, 1991, law notification 38 DCR 5805).
DC Code § 42-1902.24 (2021)
2021 District of Columbia Code|Title 42 - Real Property|Chapter 19 - Condominiums|Subchapter II - Establishment of Condominiums|§ 42-1902.24. Improvements or alterations within unit; exterior appearance not to be changed; merger of adjoining units

(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 lessen the support of any portion of the condominium. But no unit owner shall do anything which would change the exterior appearance of his unit or of any other portion of the condominium except to such extent and subject to such conditions as the condominium instruments may specify. (b) Except to the extent prohibited by the condominium instruments, and subject to any restrictions and limitations specified therein, if a unit owner acquires an adjoining unit, or an adjoining part of an adjoining unit, then such unit owner shall have the right to remove all or part of any intervening partition or to create doorways or other apertures therein, notwithstanding the fact that such partition may in whole or in part be a common element, so long as no portion of any bearing wall or bearing column is weakened or removed and no portion of any common element other than that partition is damaged, destroyed, or endangered. Such creation of doorways or other apertures shall not be deemed an alteration of boundaries within the meaning of § 42-1902.25.  (Mar. 29, 1977, D.C. Law 1-89, title II, § 224, 23 DCR 9532b.)  Prior Codifications 1981 Ed., § 45-1834. 1973 Ed., § 5-1234.
DC Code § 42-1902.29 (2021)
2021 District of Columbia Code|Title 42 - Real Property|Chapter 19 - Condominiums|Subchapter II - Establishment of Condominiums|§ 42-1902.29. Condominium lease; recordation; terms; leasehold payments; increases; sale or assignation; offer to unit owners’ association; renewal

(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, page and date of recordation of such lease if such lease has previously been recorded among the land records of the District of Columbia. Condominium instruments establishing a leasehold condominium containing more than 3 residential units shall not be effective unless the condominium lease(s) comply with the requirements of subsections (b), (c) and (d) of this section. (b)(1) If a condominium is a leasehold condominium subject to the provisions of this section, any condominium lease shall be for a term of not less than 99 years with a right of renewal for consecutive additional terms of not less than 99 years. The lease shall provide for level, periodic payments which may not be increased during the first 10 years of the leasehold term. If provided in the lease, the lessor may petition the Mayor for an increase in leasehold payments to be effective beginning with the 11th year of the leasehold term, and the Mayor shall approve such increase if he finds that: (A) Costs borne by the lessor in connection with the lease have increased; or (B) Costs of living, as measured by a standard statistical index computed and published by the United States government and available for the period of the leasehold term, have increased; and (C) The increase in the lease payments is in reasonable proportion to such increased costs. (2) An increase in lease payments shall be effective for a minimum period of 10 years, after which the lessor may again petition for an increase subject to the provisions of this subsection. The lessor shall not require or accept lease payments which do not meet the requirements of this subsection. (c) A lessor of a condominium lease may sell or assign the lease only after offering the unit owners’ association of the condominium the right to purchase the leasehold estate at a price and on terms offered to any other prospective purchaser. The lessor shall give the unit owners’ association a period of at least 60 days within which to accept or reject the offer. (d) The lessor of a condominium lease shall give the lessee of such lease a statement not less than 5 years prior to the expiration of such lease of whether the lease is to be renewed and on what terms the lease is to be renewed. If the lessor offers to renew the lease, the lessor shall give the lessee a period of at least 180 days within which to accept or reject the offer.  (Mar. 29, 1977, D.C. Law 1-89, title II, § 229, 23 DCR 9532b.)  Prior Codifications 1981 Ed., § 45-1839. 1973 Ed., § 5-1239.
DC Code § 42-1903.04 (2021)
2021 District of Columbia Code|Title 42 - Real Property|Chapter 19 - Condominiums|Subchapter III - Control and Governance of Condominiums|§ 42-1903.04. Meetings — Executive board; quorums

(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 beginning of such meeting. The bylaws may provide for a larger percentage, or for a smaller percentage not less than 25 percent. (b) Unless the condominium instruments specify a larger majority, a quorum shall be deemed to be present throughout any meeting of the executive board if persons entitled to cast one half of the votes in that body are present at the beginning of such meeting.  (Mar. 29, 1977, D.C. Law 1-89, title III, § 304, 23 DCR 9532b; Mar. 8, 1991, D.C. Law 8-233, § 2(y), 38 DCR 261.)  Prior Codifications 1981 Ed., § 45-1844. 1973 Ed., § 5-1244. Section References This section is referenced in § 42-1903.05 and § 42-1903.18.