reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 42 - Real Property › Chapter 17 - Real Estate Brokers’ Duties › Subchapter II - Repealed Provisions › § 42–1756. Procedural requirements. [Repealed]

§ 42–1756. Procedural requirements. [Repealed]
Repealed.
(Mar. 10, 1983, D.C. Law 4-209, § 19, 30 DCR 390; Apr. 20, 1999, D.C. Law 12-261, § 1233(t), 46 DCR 3142.)
Prior Codifications
1981 Ed., § 45-1938.
Delegation of Authority
Delegation of authority under Law 4-209, see Mayor’s Order 83-123, May 6, 1983.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 17 - Real Estate Brokers’ Duties › Subchapter II - Repealed Provisions › § 42–1757. Automatic suspension of license through affiliation; discharge or termination of employment or affiliation. [Repealed]

§ 42–1757. Automatic suspension of license through affiliation; discharge or termination of employment or affiliation. [Repealed]
Repealed.
(Mar. 10, 1983, D.C. Law 4-209, § 20, 30 DCR 390; Sept. 26, 1984, D.C. Law 5-117, § 2(q), 31 DCR 4023; Apr. 20, 1999, D.C. Law 12-261, § 1233(u), 46 DCR 3142.)
Prior Codifications
1981 Ed., § 45-1939.
Delegation of Authority
Delegation of authority under Law 4-209, see Mayor’s Order 83-123, May 6, 1983.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 17 - Real Estate Brokers’ Duties › Subchapter II - Repealed Provisions › § 42–1758. Prohibited acts. [Repealed]

§ 42–1758. Prohibited acts. [Repealed]
Repealed.
(Mar. 10, 1983, D.C. Law 4-209, § 21, 30 DCR 390; Sept. 26, 1984, D.C. Law 5-117, § 2(r), 31 DCR 4023; Apr. 20, 1999, D.C. Law 12-261, § 1233(v), 46 DCR 3142.)
Prior Codifications
1981 Ed., § 45-1940.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 17 - Real Estate Brokers’ Duties › Subchapter II - Repealed Provisions › § 42–1759. License suspended upon criminal conviction. [Repealed]

§ 42–1759. License suspended upon criminal conviction. [Repealed]
Repealed.
(Mar. 10, 1983, D.C. Law 4-209, § 22, 30 DCR 390; Apr. 20, 1999, D.C. Law 12-261, § 1233(w), 46 DCR 3142.)
Prior Codifications
1981 Ed., § 45-1941.
Delegation of Authority
Delegation of authority under Law 4-209, see Mayor’s Order 83-123, May 6, 1983.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 17 - Real Estate Brokers’ Duties › Subchapter II - Repealed Provisions › § 42–1760. Effect of criminal conviction upon license application. [Repealed]

§ 42–1760. Effect of criminal conviction upon license application. [Repealed]
Repealed.
(Mar. 10, 1983, D.C. Law 4-209, § 23, 30 DCR 390; Apr. 20, 1999, D.C. Law 12-261, § 1233(x), 46 DCR 3142.)
Prior Codifications
1981 Ed., § 45-1942.
Delegation of Authority
Delegation of authority under Law 4-209, see Mayor’s Order 83-123, May 6, 1983.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 17 - Real Estate Brokers’ Duties › Subchapter II - Repealed Provisions › § 42–1761. Effect of license revocation or suspension upon partnership, association, or corporation. [Repealed]

§ 42–1761. Effect of license revocation or suspension upon partnership, association, or corporation. [Repealed]
Repealed.
(Mar. 10, 1983, D.C. Law 4-209, § 24, 30 DCR 390; Sept. 26, 1984, D.C. Law 5-117, § 2(s), 31 DCR 4023; Apr. 20, 1999, D.C. Law 12-261, § 1233(y), 46 DCR 3142.)
Prior Codifications
1981 Ed., § 45-1943.
Delegation of Authority
Delegation of authority under Law 4-209, see Mayor’s Order 83-123, May 6, 1983.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 17 - Real Estate Brokers’ Duties › Subchapter II - Repealed Provisions › § 42–1762. Suspension or revocation of property manager license; code of ethics applicable to all licensees. [Repealed]

§ 42–1762. Suspension or revocation of property manager license; code of ethics applicable to all licensees. [Repealed]
Repealed.
(Mar. 10, 1983, D.C. Law 4-209, § 25, 30 DCR 390; Apr. 20, 1999, D.C. Law 12-261, § 1233(z), 46 DCR 3142.)
Prior Codifications
1981 Ed., § 45-1944.
Delegation of Authority
Delegation of authority under Law 4-209, see Mayor’s Order 83-123, May 6, 1983.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 17 - Real Estate Brokers’ Duties › Subchapter II - Repealed Provisions › § 42–1763. Criminal penalties; prosecutions. [Repealed]

§ 42–1763. Criminal penalties; prosecutions. [Repealed]
Repealed.
(Mar. 10, 1983, D.C. Law 4-209, § 27, 30 DCR 390; Oct. 5, 1985, D.C. Law 6-42, § 405, 32 DCR 4450; Apr. 20, 1999, D.C. Law 12-261, § 1233(aa), 46 DCR 3142.)
Prior Codifications
1981 Ed., § 45-1946.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 17 - Real Estate Brokers’ Duties › Subchapter II - Repealed Provisions › § 42–1764. Duties of Corporation Counsel. [Repealed]

§ 42–1764. Duties of Corporation Counsel. [Repealed]
Repealed.
(Mar. 10, 1983, D.C. Law 4-209, § 28, 30 DCR 390; Apr. 20, 1999, D.C. Law 12-261, § 1233(bb), 46 DCR 3142.)
Prior Codifications
1981 Ed., § 45-1947.
Delegation of Authority
Delegation of authority under Law 4-209, see Mayor’s Order 83-123, May 6, 1983.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 19 - Condominiums › Subchapter I - General Provisions › § 42–1901.03. Separate titles

§ 42–1901.03. Separate titles.
Each condominium unit shall constitute for all purposes a separate parcel of real estate, distinct from all other condominium units. Any condominium unit may be owned by more than 1 person as joint tenants, as tenants in common, as tenants by the entirety (in the case of spouses or domestic partners), or in any other real estate tenancy relationship recognized under the laws of the District of Columbia.
(Mar. 29, 1977, D.C. Law 1-89, title I, § 103, 23 DCR 9532b; Mar. 8, 1991, D.C. Law 8-233, § 2(c), 38 DCR 261; Sept. 12, 2008, D.C. Law 17-231, § 36(b), 55 DCR 6758.)
Prior Codifications
1981 Ed., § 45-1803.
1973 Ed., § 5-1203.
Section References
This section is referenced in § 42-1901.01 and § 42-1902.26.
Effect of Amendments
D.C. Law 17-231 substituted “(in the case of spouses or domestic partners)” for “(in the case of husband and wife)”.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 19 - Condominiums › Subchapter I - General Provisions › § 42–1901.04. Separate taxation

§ 42–1901.04. Separate taxation.
(a) If there is any unit owner other than the declarant, a tax or assessment shall not be levied on the condominium as a whole or against any common elements, but only on the individual condominium units. A condominium unit shall be carried on the records of the District of Columbia and assessed as a separate and distinct taxable entity.
(b)(1) Notwithstanding subsection (a) of this section, for real property tax years beginning after September 30, 2011, horizontally or vertically abutting condominium units owned by the identical unit owner that comprise and are used as a single dwelling unit may be combined for assessment and taxation purposes into a separate and distinct taxable entity (“combined tax lot”); provided, that the unit owner applies for combined tax lot treatment pursuant to § 47-832.
(2) Combined tax lot treatment granted pursuant to paragraph (1) of this subsection shall take effect for the succeeding real property tax year following the date the application is received.
(Mar. 29, 1977, D.C. Law 1-89, title I, § 104, 23 DCR 9532b; Mar. 8, 1991, D.C. Law 8-233, § 2(d), 38 DCR 261; July 13, 2012, D.C. Law 19-150, § 2, 59 DCR 5132.)
Prior Codifications
1981 Ed., § 45-1804.
1973 Ed., § 5-1204.
Effect of Amendments
D.C. Law 19-150 designated the existing text as subsec. (a); and added subsec. (b).
2023 District of Columbia Code › Title 42 - Real Property › Chapter 19 - Condominiums › Subchapter I - General Provisions › § 42–1901.05. Ordinances and regulations

§ 42–1901.05. Ordinances and regulations.
No zoning or other land use ordinance or regulation shall prohibit condominiums as such by reason of the form of ownership inherent therein. Neither shall any condominium be treated differently by any zoning or other land use ordinance or regulation which would permit a physically identical project or development under a different form of ownership. No subdivision ordinance or regulation shall apply to any condominium or to any subdivision of any convertible land, convertible space, or unit unless such ordinance or regulation is by its express terms made applicable thereto. Nothing in this section shall be construed to permit application of any provision of the building code which is not expressly applicable to condominiums by reason of the form of ownership inherent therein to a condominium in a manner different from the manner in which such provision is applied to other buildings of similar physical form and nature of occupancy.
(Mar. 29, 1977, D.C. Law 1-89, title I, § 105, 23 DCR 9532b.)
Prior Codifications
1981 Ed., § 45-1805.
1973 Ed., § 5-1205.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 19 - Condominiums › Subchapter I - General Provisions › § 42–1901.07. Variation by agreement

§ 42–1901.07. Variation by agreement.
Except as expressly provided by this chapter, a provision of this chapter may not be varied by agreement and any right conferred by this chapter may not be waived. A declarant may not act under a power of attorney or use any other device to evade a limitation or prohibition of this chapter or the condominium instruments.
(Mar. 29, 1977, D.C. Law 1-89, title I, § 107; as added Mar. 8, 1991, D.C. Law 8-233, § 2(f), 38 DCR 261; Mar. 20, 1992, D.C. Law 9-82, § 2(c), 39 DCR 683.)
Prior Codifications
1981 Ed., § 45-1807.
Temporary Legislation
For temporary (225 day) amendment of section, see § 2(c) 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).
2023 District of Columbia Code › Title 42 - Real Property › Chapter 19 - Condominiums › Subchapter I - General Provisions › § 42–1901.08. Interpretation of chapter

§ 42–1901.08. Interpretation of chapter.
In the application or construction of the provisions of this chapter, the courts of the District of Columbia shall give due regard to judicial decisions and rulings in states that have enacted the Uniform Condominium Act or any other condominium statute that contains provisions similar to the provisions of this chapter.
(Mar. 29, 1977, D.C. Law 1-89, title I, § 108; as added Mar. 8, 1991, D.C. Law 8-233, § 2(g), 38 DCR 261; Mar. 20, 1992, D.C. Law 9-82, § 2(d), 39 DCR 683.)
Prior Codifications
1981 Ed., § 45-1808.
Temporary Legislation
For temporary (225 day) amendment of section, see § 2(d) 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).
2023 District of Columbia Code › Title 42 - Real Property › Chapter 19 - Condominiums › Subchapter II - Establishment of Condominiums › § 42–1902.01. Creation of condominiums; recordation of instruments; plats; contiguity of units

§ 42–1902.01. Creation of condominiums; recordation of instruments; plats; contiguity of units.
No condominium shall come into existence except by the recordation of condominium instruments pursuant to the provisions of this chapter. No condominium instruments shall be recorded unless all units located or to be located on any portion of the submitted land, other than within the boundaries of any convertible lands, are depicted on plats and plans that comply with the provisions of subsections (a) and (b) of § 42-1902.14. The foreclosure of any mortgage, deed of trust or other lien shall not be deemed, ex proprio vigore, to terminate the condominium.
(Mar. 29, 1977, D.C. Law 1-89, title II, § 201, 23 DCR 9532b; Mar. 8, 1991, D.C. Law 8-233, § 2(h), 38 DCR 261.)
Prior Codifications
1981 Ed., § 45-1811.
1973 Ed., § 5-1211.
Section References
This section is referenced in § 42-1904.10.
Cross References
Bylaws and declaration copies for purchasers, see § 42-1904.10.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 19 - Condominiums › Subchapter II - Establishment of Condominiums › § 42–1902.03. Description of condominium units; undivided interest in common elements automatically included

§ 42–1902.03. Description of condominium units; undivided interest in common elements automatically included.
After the creation of the condominium, no description of a condominium unit shall be deemed vague, uncertain, or otherwise insufficient or infirm which sets forth the identifying number of that unit, the name of the condominium and the instrument number and date of recordation of the declaration and the condominium book and page number where the plats and plans are recorded. Any such description shall be deemed to include the undivided interest in the common elements appertaining to such unit even if such interest is not defined or referred to therein.
(Mar. 29, 1977, D.C. Law 1-89, title II, § 203, 23 DCR 9532b.)
Prior Codifications
1981 Ed., § 45-1813.
1973 Ed., § 5-1213.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 19 - Condominiums › Subchapter II - Establishment of Condominiums › § 42–1902.04. Declaration, bylaws and amendments of each to be executed by owners and lessees

§ 42–1902.04. Declaration, bylaws and amendments of each to be executed by owners and lessees.
The declaration and bylaws, and any amendments of either made pursuant to § 42-1902.19, shall be executed by or on behalf of all of the owners and lessees of the submitted land. But the phrase “owners and lessees” in the preceding sentence and in § 42-1902.19 does not include, in their capacity as such, any mortgagee, any trustee or beneficiary under a deed of trust, any other lien holder, any person having an inchoate dower or curtesy interest, any person having an equitable interest under any contract for the sale or lease of a condominium unit, or any lessee whose leasehold interest does not extend to any portion of the common elements.
(Mar. 29, 1977, D.C. Law 1-89, title II, § 204, 23 DCR 9532b; Mar. 8, 1991, D.C. Law 8-233, § 2(j), 38 DCR 261.)
Prior Codifications
1981 Ed., § 45-1814.
1973 Ed., § 5-1214.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 19 - Condominiums › Subchapter II - Establishment of Condominiums › § 42–1902.05. Recordation of condominium instruments; amendment and certification thereof

§ 42–1902.05. Recordation of condominium instruments; amendment and certification thereof.
All amendments and certifications of the condominium instruments shall set forth the instrument number and date of recordation of the declaration and, when necessary, shall set forth the condominium book and page number where the plats and plans are recorded. All condominium instruments and all amendments and certifications thereof shall set forth the name and address of the condominium and shall be so recorded. The Recorder of Deeds shall accept for recordation any executed and acknowledged condominium instrument or any executed and acknowledged amendment and certification without further review of a condominium instrument or the imposition of any additional requirement.
(Mar. 29, 1977, D.C. Law 1-89, title II, § 205, 23 DCR 9532b; Mar. 8, 1991, D.C. Law 8-233, § 2(k), 38 DCR 261.)
Prior Codifications
1981 Ed., § 45-1815.
1973 Ed., § 5-1215.
Section References
This section is referenced in § 42-1904.10.
Cross References
Bylaws and declaration copies for purchasers, see § 42-1904.10.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 19 - Condominiums › Subchapter II - Establishment of Condominiums › § 42–1902.06. Construction of terms in instruments; designation of unit boundaries; division of property within and without unit boundary; common element serving single unit

§ 42–1902.06. Construction of terms in instruments; designation of unit boundaries; division of property within and without unit boundary; common element serving single unit.
Except to the extent otherwise provided by the condominium instruments:
(1) The terms defined in § 42-1901.02 shall be deemed to have the meanings therein specified wherever they appear in the condominium instruments unless the context otherwise requires;
(2) To the extent that walls, floors, or ceilings are designated as the boundaries of the units or of any specified units, all doors and windows therein, and all lath, wallboard, plastering, and any other materials constituting any part of the finished surfaces thereof, shall be deemed a part of such units, while all other portions of such walls, floors, or ceilings shall be deemed a part of the common elements;
(3) If any chutes, flues, ducts, conduits, wires, bearing walls, bearing columns, or any other apparatus lies partially within and partially outside of the designated boundaries of a unit, any portions thereof serving only that unit shall be deemed a part of that unit, while any portions thereof serving more than 1 unit or any portion of the common elements shall be deemed a part of the common elements;
(4) Subject to the provisions of paragraph (3) of this section, all space, interior partitions, and other fixtures and improvements within the boundaries of a unit shall be deemed a part of that unit; and
(5) Any shutters, awnings, window boxes, doorsteps, porches, balconies, patios, and any other apparatus designed to serve a single unit, but located outside the boundaries thereof, shall be deemed a limited common element appertaining to that unit exclusively.
(Mar. 29, 1977, D.C. Law 1-89, title II, § 206, 23 DCR 9532b.)
Prior Codifications
1981 Ed., § 45-1816.
1973 Ed., § 5-1216.
Section References
This section is referenced in § 42-1901.01, § 42-1902.10, § 42-1902.14, and § 42-1903.06.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 19 - Condominiums › Subchapter II - Establishment of Condominiums › § 42–1902.07. Instruments construed together and incorporate one another; when conflict arises

§ 42–1902.07. Instruments construed together and incorporate one another; when conflict arises.
The condominium instruments shall be construed together and shall be deemed to incorporate one another to the extent that any requirement of this chapter as to the content of one shall be deemed satisfied if the deficiency can be cured by reference to any of the others. If any conflict exists among the condominium instruments, the declaration controls, except that a construction consistent with this chapter controls in all cases over any inconsistent construction.
(Mar. 29, 1977, D.C. Law 1-89, title II, § 207, 23 DCR 9532b.)
Prior Codifications
1981 Ed., § 45-1817.
1973 Ed., § 5-1217.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 19 - Condominiums › Subchapter II - Establishment of Condominiums › § 42–1902.08. Provisions of instrument severable; unlawful provisions void; rule against perpetuities; restraints on alienation; unreasonable restraint

§ 42–1902.08. Provisions of instrument severable; unlawful provisions void; rule against perpetuities; restraints on alienation; unreasonable restraint.
(a) All provisions of the condominium instruments shall be deemed severable, and any unlawful provision thereof shall be void.
(b) No provision of the condominium instruments shall be deemed void by reason of the rule against perpetuities.
(c) No restraint on alienation shall discriminate or be used to discriminate on the basis of religious conviction, race, color, sex, or national origin. The condominium instruments may provide, however, for restraints on use of some or all of the units restricting the use of such units to persons meeting requirements based upon age, sex, marital status, physical disability or, in connection with programs of the federal or District of Columbia government, income levels.
(d) Subject to the provisions of subsection (c) of this section, the rule of property law known as the rule restricting unreasonable restraints on alienation shall not be applied to defeat any provision of the condominium instruments restraining the alienation of condominium units not restricted exclusively to residential use.
(e) Title to a condominium unit and common elements is not rendered unmarketable or otherwise affected by reason of an insubstantial failure of the condominium instruments to comply with this chapter. Whether or not a substantial failure impairs marketability is not affected by this chapter.
(Mar. 29, 1977, D.C. Law 1-89, title II, § 208, 23 DCR 9532b; Mar. 8, 1991, D.C. Law 8-233, § 2(l), 38 DCR 261.)
Prior Codifications
1981 Ed., § 45-1818.
1973 Ed., § 5-1218.
2023 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

§ 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.
2023 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

§ 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.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 19 - Condominiums › Subchapter II - Establishment of Condominiums › § 42–1902.15. Preliminary recordation of plans

§ 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.
2023 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

§ 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.
2023 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

§ 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.
2023 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

§ 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.
2023 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

§ 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.
2023 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

§ 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.
2023 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

§ 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.
2023 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

§ 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).
2023 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

§ 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.
2023 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

§ 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.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 19 - Condominiums › Subchapter III - Control and Governance of Condominiums › § 42–1903.06. Officers; disqualification

§ 42–1903.06. Officers; disqualification.
(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 condominium instruments otherwise provide, or unless he acquires or contracts to acquire another unit in the condominium under terms giving him a right of occupancy thereto effective on or before the termination of his right of occupancy under such disposition or dispositions.
(b) If the condominium instruments provide that any officer or officers must be unit owners, then notwithstanding the provisions of § 42-1902.06(1), the term “unit owner” in such context shall, unless the condominium instruments otherwise provide, be deemed to include, without limitation, any director, officer, partner in, or trustee of any person, which is, either alone or in conjunction with another person or persons, a unit owner. Any officer who would not be eligible to serve as such were he not a director, officer, partner in, or trustee of such a person, shall be deemed to have disqualified himself from continuing in office if he ceases to have any such affiliation with that person, or if that person would itself have been deemed to have disqualified itself from continuing in such office under subsection (a) of this section were it a natural person holding such office.
(Mar. 29, 1977, D.C. Law 1-89, title III, § 306, 23 DCR 9532b.)
Prior Codifications
1981 Ed., § 45-1846.
1973 Ed., § 5-1246.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 19 - Condominiums › Subchapter III - Control and Governance of Condominiums › § 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

§ 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.
(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 elements; and
(B) The individual unit owner in the case of any unit or any part of a unit.
(2) Each unit owner shall afford to the other unit owners and to the unit owners’ association and to any agents or employees of either access to the owner’s unit as may be reasonably necessary to enable them to exercise and discharge their respective powers and responsibilities. To the extent that damage is inflicted on the common elements or any unit that is accessed, the unit owner causing the same, or the unit owners’ association if it caused the same, shall be liable for the prompt repair of the damage. Notwithstanding any provision of this section or any provisions of the condominium instruments, the unit owners’ association may elect to maintain, repair, or replace specified unit components, or limited common element components for which individual unit owners are responsible, using common expense funds, if failure to perform the maintenance, repair, or replacement could have a material adverse effect on the common elements, the health, safety, or welfare of the unit owners, or the income and the common expenses of the unit owners’ association. The maintenance, repair, or replacement may be at the expense of the unit owners’ association or, in the reasonable judgment of the executive board, if a limited number of units is affected, at the expense of the unit owners affected. The expense will be considered for all purposes an assessment against any unit to which the limited common element appertains.
(b) Repealed.
(c) Repealed.
(Mar. 29, 1977, D.C. Law 1-89, title III, § 307, 23 DCR 9532b; Mar. 8, 1991, D.C. Law 8-233, § 2(aa), 38 DCR 261; June 21, 2014, D.C. Law 20-109, § 2(i), 61 DCR 4304.)
Prior Codifications
1981 Ed., § 45-1847.
1973 Ed., § 5-1247.
Section References
This section is referenced in § 42-1904.04.
Effect of Amendments
The 2014 amendment by D.C. Law 20-109 rewrote (a).
Temporary Legislation
For temporary (225 day) amendment of section, see § 2(j) 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).