2023 District of Columbia Code › Title 42 - Real Property › Chapter 20 - Horizontal Property Regimes › Subchapter I - General › § 42–2006. Units held in fee; common elements held in undivided shares; recordation of declaration of ownership percentages; market values of units and shares not fixed; voting on basis; unit deeds

§ 42–2006. Units held in fee; common elements held in undivided shares; recordation of declaration of ownership percentages; market values of units and shares not fixed; voting on basis; unit deeds.
(a) A condominium unit owner shall have the exclusive fee simple ownership 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-owners representing all the condominium units in the project, 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 individual condominium unit deeds. Said share interests in the common 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.
(d) The said basic value of said undivided common interest shall be fixed for the purposes of this subchapter 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 condominium and to the units which are not inconsistent with this subchapter.
(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 subchapter, the condominium subdivision and land subdivision plats referred to in § 42-2010 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 subchapter.
(Dec. 21, 1963, 77 Stat. 451, Pub. L. 88-218, § 6; May 22, 1975, D.C. Law 1-3, § 2(2), 21 DCR 3945.)
Prior Codifications
1981 Ed., § 45-1706.
1973 Ed., § 5-906.
Section References
This section is referenced in § 42-2002, § 42-2011, § 42-2013, § 42-2014, § 42-2016, § 42-2023, § 42-2024, § 42-2025, and § 42-2030.
Editor's Notes
Supersedure of chapter: See Historical and Statutory Notes following § 42-2001.