reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 42 - Real Property › Chapter 20 - Horizontal Property Regimes › Subchapter I - General › § 42–2014. Plat of condominium subdivision — Necessary; modification of administration

§ 42–2014. Plat of condominium subdivision — Necessary; modification of administration.
(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 directors, or of administration, or otherwise, and specifying the powers, manner of removal, and, where proper, the compensation 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 subchapter; 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 project 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 necessary for the good working order of the project and for the proper care of the general or limited common elements and to provide services for the project;
(6) Such restrictions on or requirements respecting the use and maintenance of the units and the use of the common elements 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 2 or more units or to the common elements as authorized under § 42-2024. Such person must be a resident of and maintain an office in the District of Columbia; and
(8) Notice as to the existence or nonexistence of a declaration in trust for the enforcement of the lien for common expenses permitted under § 42-2019.
(b) The sole owner of the project, or if there be more than 1, the co-owners representing two-thirds of the votes provided for in § 42-2006 may at any time modify the system of administration, but each one of the particulars set forth in this section shall always be embodied in the bylaws.
(Dec. 21, 1963, 77 Stat. 455, Pub. L. 88-218, § 14; May 22, 1975, D.C. Law 1-3, § 2(2), 21 DCR 3945; Apr. 9, 1997, D.C. Law 11-255, § 48(c), 44 DCR 1271.)
Prior Codifications
1981 Ed., § 45-1714.
1973 Ed., § 5-914.
Section References
This section is referenced in § 42-2011, § 42-2024, and § 42-2025.
Editor's Notes
Supersedure of chapter: See Historical and Statutory Notes following § 42-2001.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 20 - Horizontal Property Regimes › Subchapter I - General › § 42–2015. Books of receipts and expenditures; availability for examination; annual audit

§ 42–2015. Books of receipts and expenditures; availability for examination; annual audit.
The manager, administrator, or the board of directors, or of administration, or other form of administration specified in the bylaws, shall keep books with detailed accounts in chronological order, of the receipts and of the expenditures affecting the project and its administration and specifying the maintenance and 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 accordance with good accounting practice and shall be audited at least once a year by an auditor outside the organization.
(Dec. 21, 1963, 77 Stat. 455, Pub. L. 88-218, § 15; May 22, 1975, D.C. Law 1-3, § 2(2), 21 DCR 3945.)
Prior Codifications
1981 Ed., § 45-1715.
1973 Ed., § 5-915.
Editor's Notes
Supersedure of chapter: See Historical and Statutory Notes following § 42-2001.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 20 - Horizontal Property Regimes › Subchapter I - General › § 42–2016. Common profits and expenses; taxation; proportional contributions for administration and maintenance mandatory; determination of amount due and assessment of lien

§ 42–2016. Common profits and expenses; taxation; proportional contributions for administration and maintenance mandatory; determination of amount due and assessment of lien.
(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 § 42-2006; provided, that for purposes of the application of subchapter II of Chapter 18 of Title 47, the council of co-owners shall, in accordance, with the provisions of said subchapter, be regarded as constituting an unincorporated business and shall file returns and pay taxes upon the taxable income derived from the common areas without regard to the “common profits” as defined in this subchapter.
(b) All co-owners are bound to contribute in accordance with the said percentages toward the expenses of administration and of maintenance and repairs of the general common elements, and, in proper case, of the limited common elements of the project and toward any other expenses lawfully agreed upon by the council of co-owners.
(c) No owner shall be exempt from contributing toward such common expenses by waiver of the use or enjoyment of the common elements both general and limited, or by the abandonment of the condominium 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 1 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.
(Dec. 21, 1963, 77 Stat. 456, Pub. L. 88-218, § 16; May 22, 1975, D.C. Law 1-3, § 2(2), 21 DCR 3945.)
Prior Codifications
1981 Ed., § 45-1716.
1973 Ed., § 5-916.
Section References
This section is referenced in § 42-2017, § 42-2018, and § 42-2019.
Editor's Notes
Supersedure of chapter: See Historical and Statutory Notes following § 42-2001.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 20 - Horizontal Property Regimes › Subchapter I - General › § 42–2017. Priority of liens; unpaid assessments upon sale or conveyance

§ 42–2017. Priority of liens; unpaid assessments upon sale or conveyance.
(a) The lien determined, levied and assessed in accordance with § 42-2016 shall have preference over any other assessments, liens, judgments, or charges of whatever nature, except the following:
(1) 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, and special assessments levied in connection with condemnation proceedings instituted by the District of Columbia, and water charges and sanitary sewer service charges levied on the condominium unit, and judgments, 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 judgments, liens, preferences, and priorities in favor of the District of Columbia for assessments or charges referred to in this paragraph.
(2) 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 written 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.
(b) 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 § 42-2016 refers shall first be paid out of the sales price or by the grantee in the 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 paragraph (2) of subsection (a) 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 common expenses, collectible from all co-owners, including such purchaser.
(Dec. 21, 1963, 77 Stat. 456, Pub. L. 88-218, § 17.)
Prior Codifications
1981 Ed., § 45-1717.
1973 Ed., § 5-917.
Section References
This section is referenced in § 42-2022.
Editor's Notes
Supersedure of chapter: See Historical and Statutory Notes following § 42-2001.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 20 - Horizontal Property Regimes › Subchapter I - General › § 42–2018. Joint and several liability of purchaser and seller of unit for amounts owing under § 42-2016; purchaser’s right of indemnity; right to statement of amount of unpaid assessments

§ 42–2018. Joint and several liability of purchaser and seller of unit for amounts owing under § 42-2016; purchaser’s right of indemnity; right to statement of amount of unpaid assessments.
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 § 42-2016 upon his interest in the condominium unit up to the time of conveyance; without 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.
(Dec. 21, 1963, 77 Stat. 457, Pub. L. 88-218, § 18.)
Prior Codifications
1981 Ed., § 45-1718.
1973 Ed., § 5-918.
Section References
This section is referenced in § 42-2019.
Editor's Notes
Supersedure of chapter: See Historical and Statutory Notes following § 42-2001.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 20 - Horizontal Property Regimes › Subchapter I - General › § 42–2020. Authority to obtain hazard insurance; held in trust; no effect on right to insure individual unit

§ 42–2020. Authority to obtain hazard insurance; held in trust; no effect on right to insure individual unit.
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.
(Dec. 21, 1963, 77 Stat. 458, Pub. L. 88-218, § 20.)
Prior Codifications
1981 Ed., § 45-1720.
1973 Ed., § 5-920.
Editor's Notes
Supersedure of chapter: See Historical and Statutory Notes following § 42-2001.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 20 - Horizontal Property Regimes › Subchapter I - General › § 42–2021. Application of insurance proceeds to reconstruction; pro rata distribution in certain cases according to bylaws or decision of council

§ 42–2021. Application of insurance proceeds to reconstruction; pro rata distribution in certain cases according to bylaws or decision of council.
(a) In case of fire or other disaster the insurance indemnity shall, except as provided in the next succeeding subsection of this section, be applied to reconstruct the project.
(b) Reconstruction shall not be compulsory where destruction comprises the whole or more than two-thirds of the project 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 accordance 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 reconstruction, 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.
(Dec. 21, 1963, 77 Stat. 458, Pub. L. 88-218, § 21; May 22, 1975, D.C. Law 1-3, § 2(2), (3), 21 DCR 3945.)
Prior Codifications
1981 Ed., § 45-1721.
1973 Ed., § 5-921.
Section References
This section is referenced in § 42-2011.
Editor's Notes
Supersedure of chapter: See Historical and Statutory Notes following § 42-2001.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 20 - Horizontal Property Regimes › Subchapter I - General › § 42–2022. Sharing of reconstruction cost where project not insured or insurance indemnity insufficient

§ 42–2022. Sharing of reconstruction cost where project not insured or insurance indemnity insufficient.
Where the project is not insured or where the insurance indemnity is insufficient to cover the cost of reconstruction the new project 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 1 or more of those composing the minority shall refuse to make such payments, the majority may proceed with the reconstruction at the expense of all the co-owners and the share of the resulting common expense may be assessed against all the co-owners and such assessment for this expense shall have the same priority as provided under § 42-2017.
(Dec. 21, 1963, 77 Stat. 458, Pub. L. 88-218, § 22; May 22, 1975, D.C. Law 1-3, § 2(2), 21 DCR 3945.)
Prior Codifications
1981 Ed., § 45-1722.
1973 Ed., § 5-922.
Section References
This section is referenced in § 42-2011.
Editor's Notes
Supersedure of chapter: See Historical and Statutory Notes following § 42-2001.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 20 - Horizontal Property Regimes › Subchapter I - General › § 42–2023. Unit identification; taxation of unit and proportionate share of common area; effect of forfeiture or tax sale of other units

§ 42–2023. Unit identification; taxation of unit and proportionate share of common area; effect of forfeiture or tax sale of other units.
(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 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, and special assessments levied in connection with condemnation proceedings instituted 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 § 42-2006, 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 sanitary sewer service charges on or against said individual condominium unit are currently paid.
(Dec. 21, 1963, 77 Stat. 458, Pub. L. 88-218, § 23.)
Prior Codifications
1981 Ed., § 45-1723.
1973 Ed., § 5-923.
Editor's Notes
Supersedure of chapter: See Historical and Statutory Notes following § 42-2001.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 20 - Horizontal Property Regimes › Subchapter I - General › § 42–2024. Actions relating to common elements; service of process; removal of lien on proportionate share of common areas following judgment against other unit owners

§ 42–2024. Actions relating to common elements; service of process; removal of lien on proportionate share of common areas following judgment against other unit owners.
(a) Without limiting the right of any co-owner, actions may be brought on behalf of 2 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 1 unit.
(b) Service of process on 2 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 § 42-2014(a)(7).
(c) In the event of entry of a final judgment as a lien against 2 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 pursuant to § 42-2006. 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 rights against any unit and its percentage interest in the common elements not so paid, satisfied, or discharged.
(Dec. 21, 1963, 77 Stat. 459, Pub. L. 88-218, § 24; Aug. 21, 1964, 78 Stat. 586, Pub. L. 88-475, § 1(e).)
Prior Codifications
1981 Ed., § 45-1724.
1973 Ed., § 5-924.
Section References
This section is referenced in § 42-2014.
Editor's Notes
Supersedure of chapter: See Historical and Statutory Notes following § 42-2001.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 20 - Horizontal Property Regimes › Subchapter I - General › § 42–2026. Rule against perpetuities and rule against unreasonable restraints on alienation not applicable to horizontal property regimes; exception for individual units

§ 42–2026. Rule against perpetuities and rule against unreasonable restraints on alienation not applicable to horizontal property regimes; exception for individual units.
The rule of property known as the rule against perpetuities, and the rule of property known as the rule restricting unreasonable restraints on alienation, §§ 42-302 and 42-304 [repealed], shall not be applied to defeat any of the provisions of this subchapter, or of any declaration, bylaws, or other document executed in accordance with this subchapter as to the condominium project. This exemption shall not apply to estates in the individual condominium units.
(Dec. 21, 1963, 77 Stat. 460, Pub. L. 88-218, § 26.)
Prior Codifications
1981 Ed., § 45-1726.
1973 Ed., § 5-926.
Editor's Notes
Supersedure of chapter: See Historical and Statutory Notes following § 42-2001.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 20 - Horizontal Property Regimes › Subchapter I - General › § 42–2027. Subchapter supplements existing code provisions; exception where conflict arises

§ 42–2027. Subchapter supplements existing code provisions; exception where conflict arises.
The provisions of the subchapter 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 denoting a unit of land, where appropriate to implement this subchapter, after such descriptive terms, there shall be deemed inserted reference to a condominium unit, condominium subdivision, or horizontal property regime, whichever shall be appropriate to effect the ends and purposes of this subchapter; provided, that wherever the application of the provisions of this subchapter conflict with the application of such other provisions, the provisions of law generally applicable to buildings in like use in the District of Columbia shall prevail.
(Dec. 21, 1963, 77 Stat. 460, Pub. L. 88-218, § 27.)
Prior Codifications
1981 Ed., § 45-1727.
1973 Ed., § 5-927.
Editor's Notes
Supersedure of chapter: See Historical and Statutory Notes following § 42-2001.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 20 - Horizontal Property Regimes › Subchapter I - General › § 42–2028. Regulations of Council and Zoning Commission; enforcement thereof

§ 42–2028. Regulations of Council and Zoning Commission; enforcement thereof.
In order to bring horizontal property regimes into compliance with the laws and regulations in effect in the District of Columbia, the Council of the District of Columbia and the Zoning Commission of the District of Columbia are each hereby authorized to adopt such regulations as either deems proper, within its respective general authority, and the Mayor of the District of Columbia and the Zoning Commission are each hereby authorized to enforce such regulations, within its respective general authority.
(Dec. 21, 1963, 77 Stat. 461, Pub. L. 88-218, § 28.)
Prior Codifications
1981 Ed., § 45-1728.
1973 Ed., § 5-928.
Editor's Notes
Supersedure of chapter: See Historical and Statutory Notes following § 42-2001.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(132) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 20 - Horizontal Property Regimes › Subchapter I - General › § 42–2029. Subchapter interpreted to require compliance with all applicable laws; owners’ responsibilities for taxes; methods of collection; no effect on eminent domain

§ 42–2029. Subchapter interpreted to require compliance with all applicable laws; owners’ responsibilities for taxes; methods of collection; no effect on eminent domain.
(a) This subchapter shall be interpreted in such a manner as to require each condominium unit and each horizontal 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 subchapter, 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 subchapter, the method of enforcement 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 subchapter shall in any way be construed as affecting the right to institute and maintain eminent domain proceedings.
(Dec. 21, 1963, 77 Stat. 461, Pub. L. 88-218, § 29.)
Prior Codifications
1981 Ed., § 45-1730.
1973 Ed., § 5-929.
Editor's Notes
Supersedure of chapter: See Historical and Statutory Notes following § 42-2001.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 20 - Horizontal Property Regimes › Subchapter I - General › § 42–2030. Right to individual water meters; common water service authorized; billing and collection

§ 42–2030. Right to individual water meters; common water service authorized; billing and collection.
(a) Notwithstanding any provision of this subchapter, the developer 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 Columbia. 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 Mayor of the District of Columbia is 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 designated by the co-owners, pursuant to the bylaws, to manage the regime. 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 Mayor shall be authorized to enforce payment 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 of the liens for nonpayment of such charges against the individual units in conformity with the percentage of co-ownership established by § 42-2006.
(Dec. 21, 1963, 77 Stat. 461, Pub. L. 88-218, § 30.)
Prior Codifications
1981 Ed., § 45-1731.
1973 Ed., § 5-930.
Editor's Notes
Supersedure of chapter: See Historical and Statutory Notes following § 42-2001.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 20 - Horizontal Property Regimes › Subchapter I - General › § 42–2031. Authority vested in Board of Commissioners unaffected; delegation of functions

§ 42–2031. Authority vested in Board of Commissioners unaffected; delegation of functions.
Nothing in this subchapter or in any amendments made by this subchapter shall be construed so as to affect the authority vested in the Board of Commissioners of the District of Columbia by Reorganization Plan No. 5 of 1952 (66 Stat. 824). The performance of any function vested by this subchapter in the Board of Commissioners or in any office or agency under the jurisdiction and control of said Board of Commissioners may be delegated by said Board of Commissioners in accordance with § 3 of such plan.
(Dec. 21, 1963, 77 Stat. 462, Pub. L. 88-218, § 31.)
Prior Codifications
1981 Ed., § 45-1732.
1973 Ed., § 5-931.
Editor's Notes
Supersedure of chapter: See Historical and Statutory Notes following § 42-2001.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 20 - Horizontal Property Regimes › Subchapter II - Council Authority › § 42–2051. Council authorized to prohibit conversions to condominiums

§ 42–2051. Council authorized to prohibit conversions to condominiums.
In addition to other authority delegated to it, and in accordance with § 406 of Reorganization Plan No. 3 of 1967, the Council of the District of Columbia is authorized, by regulation, to prohibit the establishment, after the effective date of such regulation, of any horizontal property regime, real estate condominiums project, or other conversion of units in a multiunit structure into a condominium pursuant to this subchapter.
(Aug. 29, 1974, 88 Stat. 794, Pub. L. 93-395, § 2.)
Prior Codifications
1981 Ed., § 45-1729.
1973 Ed., § 5-928a.
References in Text
Reorganization Plan No. 3 of 1967, referred to in this section, is set forth in its entirety in Volume 1.
Editor's Notes
Supersedure of chapter: See Historical and Statutory Notes following § 42-2001.
Change in Government
This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 20A - Limited-Equity Cooperative Task Force › Subchapter I - Limited-Equity Cooperative Task Force › § 42–2061. Definitions

§ 42–2061. Definitions.
For the purposes of this subchapter, the term
(1) "Cooperative" means an association, whether incorporated or unincorporated, organized for the purpose of owning and operating residential real property in the District of Columbia, the shareholders or members of which, by reason of their ownership of a stock or membership certificate, a proprietary lease, or other evidence of membership, are entitled to occupy a dwelling unit pursuant to the terms of a proprietary lease or occupancy agreement.
(2) "Limited-equity cooperative" or "LEC" means a cooperative required by a government agency or nonprofit organization to limit the resale price of membership shares for the purpose of keeping the housing affordable to incoming members that are low- and moderate-income.
(July 3, 2018, D.C. Law 22-119, § 2, 65 DCR 5074; Feb. 23, 2023, D.C. Law 24-243, 69 DCR 15091; Feb. 23, 2023, D.C. Law 24-244, § 3, 69 DCR 15094.)
Applicability
Applicability of D.C. Law 24-244: § 4 of D.C. Law 24-244 provided that the change made to this section by § 3 of D.C. Law 24-244 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 20A - Limited-Equity Cooperative Task Force › Subchapter I - Limited-Equity Cooperative Task Force › § 42–2062. Establishment of Limited-Equity Cooperative Task Force

§ 42–2062. Establishment of Limited-Equity Cooperative Task Force.
There is established a Limited-Equity Cooperative Task Force ("Task Force") to provide the Council with comprehensive policy recommendations on how the District can assist in the formation of new LECs and help existing LECs succeed.
(July 3, 2018, D.C. Law 22-119, § 3, 65 DCR 5074.)
2023 District of Columbia Code › Title 42 - Real Property › Chapter 20A - Limited-Equity Cooperative Task Force › Subchapter I - Limited-Equity Cooperative Task Force › § 42–2063. Membership

§ 42–2063. Membership.
(a) The composition of the Task Force shall be as follows:
(1) Three residents, each of whom is currently a board member of an LEC in the District; provided, that no 2 residents shall be from the board of the same LEC.
(2) One representative from a community-based organization that provides training, counseling, and client advocacy services to low- to moderate-income residents.
(3) One representative from a property management company that manages cooperatives in the District.
(4) One representative from a development company that develops cooperatives in the District.
(5) One representative from a financial entity that specializes in the financing of LECs.
(6) One attorney with experience working with LECs.
(7) One individual who has conducted significant research on LECs in the District and elsewhere in the United States.
(8) Other representatives appointed by the Chairperson of the Committee on Housing and Neighborhood Revitalization.
(9) One representative from the Department of Housing and Community Development.
(10) One representative from the District of Columbia Housing Finance Agency.
(b) The Chairperson of the Council Committee on Housing and Neighborhood Revitalization shall appoint the:
(1) Chair of the Task Force; and
(2) Task Force representatives designated in subsection (a)(1) through (8) of this section.
(c) The members of the Task Force shall serve without compensation and shall either reside or work in the District.
(d) Meetings of the Task Force shall be open to the public.
(e) The Department of Housing and Community Development shall provide administrative support to the Task Force.
(July 3, 2018, D.C. Law 22-119, § 4, 65 DCR 5074.)
2023 District of Columbia Code › Title 42 - Real Property › Chapter 20A - Limited-Equity Cooperative Task Force › Subchapter I - Limited-Equity Cooperative Task Force › § 42–2064. Duties of the Task Force

§ 42–2064. Duties of the Task Force.
Within 180 days after the appointment of all members, the Task Force shall submit to the Council a comprehensive report on:
(1) Policy and legislative recommendations related to how the District can help stabilize, strengthen, and preserve existing LECs, as well as how the District can best support the formation of new LECs;
(2) Funding options and sources to assist in the formation of new LECs and to provide technical support and assistance to LEC members and LEC boards in the District;
(3) How to establish appropriate government oversight to ensure that LEC boards have the necessary financial and structural management resources to help them succeed and prosper; and
(4) Any other identified needs or requirements for the successful formation and preservation of LECs in the District.
(July 3, 2018, D.C. Law 22-119, § 5, 65 DCR 5074.)
2023 District of Columbia Code › Title 42 - Real Property › Chapter 20A - Limited-Equity Cooperative Task Force › Subchapter I - Limited-Equity Cooperative Task Force › § 42–2065. Sunset

§ 42–2065. Sunset.
This subchapter shall expire upon the Task Force submitting the report required pursuant to § 42-2064 to the Council.
(July 3, 2018, D.C. Law 22-119, § 6, 65 DCR 5074; Feb. 23, 2023, D.C. Law 24-243, 69 DCR 15091.)
2023 District of Columbia Code › Title 42 - Real Property › Chapter 20A - Limited-Equity Cooperative Task Force › Subchapter II - Limited Equity Cooperative Advisory Council Act › § 42–2067.01. Definitions. [Not Funded]

§ 42–2067.01. Definitions. [Not Funded]
Not Funded.
(Feb. 23, 2023, D.C. Law 24-243, § 2, 69 DCR 15091.)
Applicability
Applicability of D.C. Law 24-243: § 6 of D.C. Law 24-243 provided that the creation of this section by § 2 of D.C. Law 24-243 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 20A - Limited-Equity Cooperative Task Force › Subchapter II - Limited Equity Cooperative Advisory Council Act › § 42–2067.02. Establishment of the Limited-Equity Cooperative Advisory Council. [Not Funded]

§ 42–2067.02. Establishment of the Limited-Equity Cooperative Advisory Council. [Not Funded]
Not Funded.
(Feb. 23, 2023, D.C. Law 24-243, § 3, 69 DCR 15091.)
Applicability
Applicability of D.C. Law 24-243: § 6 of D.C. Law 24-243 provided that the creation of this section by § 3 of D.C. Law 24-243 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 20A - Limited-Equity Cooperative Task Force › Subchapter II - Limited Equity Cooperative Advisory Council Act › § 42–2067.03. Membership. [Not Funded]

§ 42–2067.03. Membership. [Not Funded]
Not Funded.
(Feb. 23, 2023, D.C. Law 24-243, § 4, 69 DCR 15091.)
Applicability
Applicability of D.C. Law 24-243: § 6 of D.C. Law 24-243 provided that the creation of this section by § 4 of D.C. Law 24-243 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 20A - Limited-Equity Cooperative Task Force › Subchapter II - Limited Equity Cooperative Advisory Council Act › § 42–2067.04. Duties of the Advisory Council. [Not Funded]

§ 42–2067.04. Duties of the Advisory Council. [Not Funded]
Not Funded.
(Feb. 23, 2023, D.C. Law 24-243, § 5, 69 DCR 15091.)
Applicability
Applicability of D.C. Law 24-243: § 6 of D.C. Law 24-243 provided that the creation of this section by § 5 of D.C. Law 24-243 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 20A - Limited-Equity Cooperative Task Force › Subchapter II - Limited Equity Cooperative Advisory Council Act › § 42–2067.05. Applicability

§ 42–2067.05. Applicability.
(a) This subchapter shall apply upon the date of inclusion of its fiscal effect is included in an approved budget and financial plan.
(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan and provide notice to the Budget Director of the Council of the certification.
(c)(1) The Budget Director shall cause the notice of the certification to be published in the District of Columbia Register.
(2) The date of publication of the notice of the certification shall not affect the applicability of this subchapter.
(Feb. 23, 2023, D.C. Law 24-243, § 6, 69 DCR 15091.)
2023 District of Columbia Code › Title 42 - Real Property › Chapter 20B - Common Interest Community Repairs › § 42–2071. Definitions

§ 42–2071. Definitions.
For the purposes of this chapter, the term:
(1) "Board" means the executive and administrative entity, by whatever name denominated, designated in the organizing instruments of a common interest community to act for the unit owners' association in governing and maintaining the common interest community.
(2) "Common elements" means all portions of the common interest community other than the units and as defined in the organizing instruments of the common interest community.
(3) "Common interest community" means a residential condominium, residential cooperative, or other residential real property with respect to which a person, by virtue of the person's ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums, or for maintenance, or improvement of other real property described in a recorded covenant that creates the common interest community.
(4) "DHCD" means the Department of Housing and Community Development.
(5) "Green Communities standard" means criteria for the sustainable design, construction, and operation of healthy, energy-efficient, and environmentally responsible affordable housing established and published by Enterprise Community Partners.
(6) "MFI" means the median family income for a household in the Washington Metropolitan Statistical Area as set forth in the periodic calculation provided by the U.S. Department of Housing and Urban Development ("HUD"), adjusted for family size, without regard to any adjustments made by HUD for the purposes of the programs it administers.
(Oct. 30, 2018, D.C. Law 22-168, § 2232, 65 DCR 9388.)
Emergency Legislation
For temporary (90 days) creation of this section, see § 2232 of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).
For temporary (90 days) creation of this section, see § 2232 of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).
2023 District of Columbia Code › Title 42 - Real Property › Chapter 20B - Common Interest Community Repairs › § 42–2072. Common Interest Community Repairs Program; establishment

§ 42–2072. Common Interest Community Repairs Program; establishment.
(a) The DHCD shall establish and administer a Common Interest Community Repairs Program ("Program") for the purpose of repairing common elements of income-eligible common interest communities.
(b) For each common interest community, the value of services provided under the Program shall not exceed $100,000.
(c) Repairs to common elements the Program may fund include:
(1) Plumbing;
(2) Electrical;
(3) Roof maintenance, repairs, or replacement;
(4) Entrance security and safety, including front door locks and common area lighting;
(5) Elevators and shared stairways;
(6) Shared porches and fire escapes; and
(7) Other common elements of a building to cure building and housing code violations.
(d) Where applicable, repairs made under the Program shall meet or exceed the most recent Green Communities standard, or other substantially similar or more stringent standard for sustainable construction and operation of multi-unit housing.
(e) DHCD shall:
(1) Develop a grant application form specific to the Program;
(2) Provide written notification to the applicant of approval or denial of the application. If the grant application is denied, the notification shall include the reason for the denial and any process for reconsideration; and
(3) Develop and administer a common interest community-stewardship course for board members, at no cost to the board or common interest community.
(f) DHCD shall not begin repairs on a common interest community until the common interest community's board members have completed the common interest community stewardship course created pursuant to subsection (e)(3) of this section.
(g) DHCD may finance the Program using funds from the following sources:
(1) Pursuant to § 42-2857.01(e)(1C)(C), revenue from the sale of property disposed of by DHCD; and
(2) Any other funding source available to DHCD for which the Program would qualify as an eligible use.
(h) Program spending, including spending to administer the Program, shall be limited to funds included in an approved budget and financial plan.
(Oct. 30, 2018, D.C. Law 22-168, § 2233, 65 DCR 9388.)
Emergency Legislation
For temporary (90 days) creation of this section, see § 2233 of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).
For temporary (90 days) creation of this section, see § 2233 of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).