reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 42 - Real Property › Chapter 19 - Condominiums › Subchapter III - Control and Governance of Condominiums › § 42–1903.08a. Condominium Association Advisory Council

§ 42–1903.08a. Condominium Association Advisory Council.
(a) There is established a Condominium Association Advisory Council ("CAAC").
(b) The purpose of the CAAC shall be to serve as an advisory body to the Mayor, the Council, and District agencies on matters relating to condominiums located in the District.
(c) The CAAC shall be composed of 14 members appointed as follows:
(1) One community representative from each of the 8 District wards, appointed by the Councilmember representing each respective ward;
(2) One community representative appointed by the chairperson of the Committee of the Council that oversees the Department of Housing and Community Development;
(3) One community representative appointed by the Mayor;
(4) The Director of the Department of Housing and Community Development, or his or her designee;
(5) A representative from the community association management industry with at least 7 years of experience in the profession, appointed by the Mayor;
(6) A representative from the mortgage industry with at least 5 years of experience in the profession, appointed by the Mayor; and
(7) A representative from the legal community who is an attorney licensed to practice in the District and has at least 5 years of experience representing community associations, appointed by the Mayor.
(d)(1) Each community representative shall be a resident of the District who has been a member in good standing of a unit owners' association for at least one year, with a priority for community representatives with experience on a condominium board.
(2) A chairperson shall be elected from among the 10 community representatives, and shall serve for a term of 2 years.
(3)(A) Each community representative member shall be appointed for a term of 3 years.
(B) Initial appointments shall be staggered with 3 members appointed for a one-year term, 4 members appointed for a 2-year term, and 3 members appointed for a 3–year term.
(C) The initial appointment terms shall be determined by lot at the first meeting of the CAAC.
(4) The 3 non-community members appointed by the Mayor shall each be appointed for a term of 3 years.
(e) Meetings of the CAAC shall be open to the public and shall take place at a public location at least 4 times a year. The CAAC shall provide a public listing of members by ward, meeting notices, and meeting minutes on a CAAC website.
(Mar. 29, 1977, D.C. Law 1-89, title III, § 308a; as added Apr. 7, 2017, D.C. Law 21-241, § 2(b), 64 DCR 1602.)
Editor's Notes
Section 3 of D.C. Law 21-241 stated that within 180 days after April 7, 2017, the Mayor, pursuant subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of Law 21-241.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 19 - Condominiums › Subchapter III - Control and Governance of Condominiums › § 42–1903.09. Tort and contract liability of association and declarant; judgment liens against common property and individual units

§ 42–1903.09. Tort and contract liability of association and declarant; judgment liens against common property and individual units.
(a) An action for tort alleging a wrong done: (1) by any agent or employee of the declarant or of the unit owners’ association; or (2) in connection with the condition of any portion of the condominium which the declarant or the association has the responsibility to maintain, shall be brought against the declarant or the association, as the case may be. No unit owner shall be precluded from bringing such an action by virtue of ownership of an undivided interest in the common elements or by reason of membership in the association or status as an officer.
(b) Unit owners other than the declarant shall not be liable for torts caused by agents or employees of the declarant within any convertible land or using any easement reserved in the declaration or created by §§ 42-1902.21 and 42-1902.22.
(c) An action arising from a contract made by or on behalf of the unit owners’ association, its executive board, or the unit owners as a group, shall be brought against the association, or against the declarant if the cause of action arose during the exercise by the declarant of control reserved pursuant to § 42-1903.02(a). No unit owner shall be precluded from bringing such an action by reason of membership in the association or status as an officer.
(d) A judgment for money against the unit owners’ association shall be a lien against any property owned by the unit owners’ association, and against each of the condominium units in proportion to the liability of each unit owner for common expenses as established pursuant to § 42-1903.12(c), but no unit owner shall be otherwise liable on account of a judgment and, after payment by the unit owner of his or her proportionate share, the association shall not assess or have a lien against the unit owner’s condominium unit for any portion of the common expenses incurred in connection with the lien. If after payment by a unit owner of a proportionate share, the unit owners’ association elects to pay the balance of the judgment from common funds, the unit owners’ association shall reimburse the unit owner for the amount the unit owner paid separately. Any judgment shall be satisfied first out of the property of the unit owners’ association. The judgment shall be otherwise subject to the provisions of Title 15.
(Mar. 29, 1977, D.C. Law 1-89, title III, § 309, 23 DCR 9532b; Mar. 8, 1991, D.C. Law 8-233, § 2(cc), 38 DCR 261; Apr. 18, 1996, D.C. Law 11-110,§ 48(a), 43 DCR 530.)
Prior Codifications
1981 Ed., § 45-1849.
1973 Ed., § 5-1249.
Section References
This section is referenced in § 42-1901.01.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 19 - Condominiums › Subchapter III - Control and Governance of Condominiums › § 42–1903.11. Rights to surplus funds

§ 42–1903.11. Rights to surplus funds.
Unless otherwise provided in the condominium instruments, any surplus funds of the unit owners’ association that remain after payment of or provision for common expenses and any prepayment of reserves shall be paid to the unit owners in proportion to the unit owners’ liabilities for common expenses or credited to the unit owners to reduce the unit owners’ future common expense assessments.
(Mar. 29, 1977, D.C. Law 1-89, title III, § 311, 23 DCR 9532b; Mar. 8, 1991, D.C. Law 8-233, § 2(ee), 38 DCR 261.)
Prior Codifications
1981 Ed., § 45-1851.
1973 Ed., § 5-1251.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 19 - Condominiums › Subchapter III - Control and Governance of Condominiums › § 42–1903.12a. Notice of intention to take legal action to collect past due amounts

§ 42–1903.12a. Notice of intention to take legal action to collect past due amounts.
The unit owners' association shall, when advising the unit owner of its intention to take legal action to collect any past due amount owed by a unit owner, provide a notice to the unit owner to include:
(1) A statement of the account showing the total amount that is past due, including a breakdown of the categories of amounts claimed to be due and the dates those amounts accrued;
(2) Contact information for the individual or office the unit owner must contact to settle the past due amount; and
(3) An enclosure providing information on the availability of resources that a unit owner may utilize, which shall be in substantively the following form in at least 18-point font:
"FAILURE TO PAY PAST DUE AMOUNTS MAY RESULT IN LEGAL ACTION, INCLUDING FORECLOSURE.
"YOU MAY BE ELIGIBLE FOR FREE OR REDUCED-COST ASSISTANCE.
"The D.C. Department of Housing and Community Development maintains a list of Community-Based Non-Profit Organizations that provide housing counseling services. Information on providers can be found on [Department of Housing and Community Development website for community-based non-profit organizations] or by calling [Department of Housing and Community Development’s designated phone number].
"The U.S. Department of Housing and Urban Development (“HUD”) sponsors housing counseling agencies that can provide advice on buying a home, renting, defaults, foreclosures, and credit issues. You can get a list of HUD-approved housing counselors at [Department of Housing and Urban Development’s website]or by calling [Department of Housing and Urban Development’s phone number].".
(Mar. 29, 1977, D.C. Law 1-89, title III, § 312a; as added Apr. 7, 2017, D.C. Law 21-241, § 2(c), 64 DCR 1602.)
Editor's Notes
Section 3 of D.C. Law 21-241 stated that within 180 days after April 7, 2017, the Mayor, pursuant subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of Law 21-241.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 19 - Condominiums › Subchapter III - Control and Governance of Condominiums › § 42–1903.15. Limitation on right of first refusal and other restraints on alienation; recordable statement of waiver of rights to be supplied promptly upon request

§ 42–1903.15. Limitation on right of first refusal and other restraints on alienation; recordable statement of waiver of rights to be supplied promptly upon request.
If the condominium instruments create any rights of first refusal or other restraints on free alienability of any of the condominium units, such rights and restraints shall be void unless the condominium instruments make provisions for promptly furnishing to any unit owner or purchaser requesting the same a recordable statement certifying to any waiver of, or failure or refusal to exercise, such rights and restraints, in all cases where such waiver, failure, or refusal does in fact occur. Failure or refusal to furnish promptly such a statement in such circumstances in accordance with the provisions of the condominium instruments shall make all such rights and restraints inapplicable to any disposition of a condominium unit in contemplation of which such statement was requested. Any such statement shall be binding on the association of unit owners, its executive board, and every unit owner. Payment of a reasonable fee may be required as a prerequisite to the issuance of such a statement if the condominium instruments so provide.
(Mar. 29, 1977, D.C. Law 1-89, title III, § 315, 23 DCR 9532b; Mar. 8, 1991, D.C. Law 8-233, § 2(ii), 38 DCR 261.)
Prior Codifications
1981 Ed., § 45-1855.
1973 Ed., § 5-1255.
Section References
This section is referenced in § 42-1904.11.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 19 - Condominiums › Subchapter III - Control and Governance of Condominiums › § 42–1903.17. Statute of limitations for warranties

§ 42–1903.17. Statute of limitations for warranties.
(a) A judicial, non-judicial, regulatory, or administrative proceeding for breach of a warranty that arises under § 42-1903.16 shall be commenced within 5 years after the date the applicable warranty period began.
(b) Filing of a claim with the Mayor shall not preclude the claimant from also seeking to judicially enforce its claim. If a breach of warranty claim is filed with a court of competent jurisdiction, the Mayor's decision issued under this section will be stayed until the breach of warranty claim is resolved.
(Mar. 29, 1977, D.C. Law 1-89, title III, § 317; as added Mar. 8, 1991, D.C. Law 8-233, § 2(kk), 38 DCR 261; Mar. 20, 1992, D.C. Law 9-82, § 2(m), 39 DCR 683; Feb. 23, 2023, D.C. Law 24-262, § 2(b), 69 DCR 15105.)
Prior Codifications
1981 Ed., § 45-1857.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 19 - Condominiums › Subchapter III - Control and Governance of Condominiums › § 42–1903.19. Merger or consolidation of condominiums

§ 42–1903.19. Merger or consolidation of condominiums.
(a) Any 2 or more condominiums, by agreement of the unit owners as provided in subsection (b) of this section, may be merged or consolidated into a single condominium. Unless the agreement otherwise provides, if 2 or more condominiums merge or consolidate the resultant condominium shall be, for all purposes, the legal successor of all of the preexisting condominiums, and the operations or activities of all unit owners’ associations of the preexisting condominiums shall be merged or consolidated into a single unit owners’ association. The single unit owners’ association shall hold any power, right, obligation, asset, or liability of all preexisting unit owners’ associations.
(b) An agreement of 2 or more condominiums to merge or consolidate pursuant to subsection (a) of this section shall be evidenced by an agreement prepared, executed, recorded, and certified by the president of the unit owners’ association of each of the preexisting condominiums following approval by owners of units to which are allocated the percentage of votes in each condominium required to terminate the condominium.
(c)(1) A merger or consolidation agreement shall provide for the reallocation of the allocated interests in the new association among the units of the resultant condominium either by stating the reallocations or the formulas upon which the reallocations are based, or by stating the percentage of overall allocated interests of the new condominiums which are allocated to all of the units comprising each of the preexisting condominiums, and providing that the portion of the percentages allocated to each unit formerly comprising a part of the preexisting condominium must be equal to the percentages of allocated interests allocated to that unit by the condominium instruments of the preexisting condominium.
(2) For purposes of this section, the term “allocated interests” shall mean the individual interest in the common elements, the liability for common expenses, and the votes in the unit owners’ association that pertain to each unit.
(Mar. 29, 1977, D.C. Law 1-89, title III, § 319; as added Mar. 8, 1991, D.C. Law 8-233, § 2(mm), 38 DCR 261.)
Prior Codifications
1981 Ed., § 45-1859.
Section References
This section is referenced in § 42-1901.02.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 19 - Condominiums › Subchapter III - Control and Governance of Condominiums › § 42–1903.20. Conveyance or encumbrance of common elements

§ 42–1903.20. Conveyance or encumbrance of common elements.
(a) A portion of the common elements may be conveyed or subjected to a security interest by the unit owners’ association if persons entitled to cast at least 80% of the votes in the unit owners’ association, including 80% of the votes allocated to units not owned by a declarant, or any larger percentage the condominium instruments specify, agree to convey or subject to a security interest. To convey or subject a limited common element to a security interest, all the owners of units to which any limited common element is allocated shall agree. The condominium instruments may specify a smaller percentage if all of the units are restricted exclusively to nonresidential uses. Proceeds of the sale shall be an asset of the unit owners’ association.
(b) An agreement to convey or subject common elements to a security interest shall be evidenced by the execution and recordation of the agreement, or ratification of the agreement, in the same manner as a deed, and by the requisite number of unit owners. The agreement shall specify a date after which the agreement shall be void unless recorded before that date.
(c) The unit owners’ association, on behalf of the unit owners, may contract to convey or subject common elements to a security interest. The contract shall not be enforceable against the unit owners’ association until approved pursuant to subsections (a) and (b) of this section. Upon approval, the unit owners’ association shall have any power necessary and appropriate to effect the conveyance or encumbrance of the common elements, including the power to execute a deed or other instrument.
(d) Any purported conveyance, encumbrance, judicial sale, or other voluntary transfer of common elements pursuant to this section shall not deprive any unit of the unit’s right of access or support.
(e) Unless the condominium instruments otherwise provide, a conveyance or encumbrance of common elements pursuant to this section shall not affect the priority or validity of a preexisting encumbrance.
(Mar. 29, 1977, D.C. Law 1-89, title III, § 320; as added Mar. 8, 1991, D.C. Law 8-233, § 2(nn), 38 DCR 261.)
Prior Codifications
1981 Ed., § 45-1860.
Section References
This section is referenced in § 42-1901.01 and § 42-1903.18.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 19 - Condominiums › Subchapter III - Control and Governance of Condominiums › § 42–1903.21. Unit owners’ association as trustee

§ 42–1903.21. Unit owners’ association as trustee.
With respect to a third person that deals with the unit owners’ association in the unit owners’ association’s capacity as a trustee, the existence and proper exercise of trust powers by the unit owners’ association, may be assumed without inquiry. A third person shall not be bound to inquire whether the unit owners’ association has the power to act as trustee or is properly exercising trust powers. A third person without actual knowledge that the unit owners’ association is exceeding or improperly exercising its powers is fully protected in dealing with the unit owners’ association as if the unit owners’ association possessed and properly executed the powers the unit owners’ association purports to exercise. A third person shall not be bound to assure the proper application of trust assets paid or delivered to the unit owners’ association in its capacity as trustee.
(Mar. 29, 1977, D.C. Law 1-89, title III, § 321; as added Mar. 8, 1991, D.C. Law 8-233, § 2(oo), 38 DCR 261.)
Prior Codifications
1981 Ed., § 45-1860.1.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 19 - Condominiums › Subchapter IV - Registration and Offering of Condominiums › § 42–1904.01. Exemptions

§ 42–1904.01. Exemptions.
Unless the method of offer or disposition is adopted for the purpose of evasion of this chapter, the provisions of §§ 42-1904.02, 42-1904.03, 42-1904.04, 42-1904.05, 42-1904.06, 42-1904.07, 42-1904.08, 42-1904.09, and 42-1904.12 do not apply to:
(1) Dispositions in a condominium in which all units are restricted to commercial, industrial, or other nonresidential use;
(2) Dispositions pursuant to court order;
(3) Dispositions by any government or government agency;
(4) Solicitation and acquisition by the declarant of nonbinding reservation agreements;
(5) Gratuitous dispositions; or
(6) Dispositions by foreclosure or deed in lieu of foreclosure.
(Mar. 29, 1977, D.C. Law 1-89, title IV, § 401, 23 DCR 9532b; Mar. 8, 1991, D.C. Law 8-233, § 2(pp), 38 DCR 261.)
Prior Codifications
1981 Ed., § 45-1861.
1973 Ed., § 5-1261.
Section References
This section is referenced in § 42-1901.01 and § 42-1904.11.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 19 - Condominiums › Subchapter IV - Registration and Offering of Condominiums › § 42–1904.02. No offer or disposition of unit prior to registration; current public offering statement; right of cancellation by purchaser; form therefor prescribed by Mayor

§ 42–1904.02. No offer or disposition of unit prior to registration; current public offering statement; right of cancellation by purchaser; form therefor prescribed by Mayor.
(a) Neither declarant nor any person on behalf of declarant may offer or dispose of any interest in a condominium unit located in the District of Columbia, nor dispose in the District of Columbia of any interest in a condominium unit located without the District of Columbia prior to the time the condominium including such unit is registered in accordance with this chapter.
(b) During any period when registration of a condominium is required by this chapter or until the time that all units in the condominium have been initially disposed of to the bona fide purchasers, a declarant may not dispose of any interest in a condominium unit not previously disposed of unless there is delivered to the purchaser a current public offering statement by the time of the disposition. The disposition shall be expressly and without qualification or condition subject to cancellation by the purchaser before conveyance of the unit, within 15 days after the date of execution of the contract for the disposition, or within 15 days after delivery of the current public offering statement, whichever is later. A public offering statement shall not be current unless any necessary amendment is incorporated or attached. If the purchaser elects to cancel, he or she may cancel by notice hand-delivered or sent by United States mail, return receipt requested, to the seller. The cancellation shall be without penalty, and any deposit made by the purchaser shall be promptly refunded in its entirety.
(c) The public offering statement and sales contract shall contain a clause and its Spanish equivalent in a form prescribed by the Mayor which shall clearly state the purchaser’s right to cancel.
(d) A declarant shall be liable under this chapter for any false or misleading statement in a public offering statement or for any omission of a material fact with respect to the portion of the public offering statement that he or she prepared or caused to be prepared. If a declarant did not prepare or cause to be prepared any part of a public offering statement that he or she delivers, the declarant shall not be liable for any false or misleading statement or any omission of a material fact unless he or she had actual knowledge of the statement or omission or, in the exercise of reasonable care, should have known of the statement or omission.
(Mar. 29, 1977, D.C. Law 1-89, title IV, § 402, 23 DCR 9532b; Mar. 8, 1991, D.C. Law 8-233, § 2(qq), 38 DCR 261.)
Prior Codifications
1981 Ed., § 45-1862.
1973 Ed., § 5-1262.
Section References
This section is referenced in § 42-1901.01 and § 42-1904.01.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 19 - Condominiums › Subchapter IV - Registration and Offering of Condominiums › § 42–1904.05. Application for registration — Investigation by Mayor upon receipt

§ 42–1904.05. Application for registration — Investigation by Mayor upon receipt.
Upon receipt of an application for registration in proper form, the Mayor may forthwith initiate an investigation to determine:
(1) That there is reasonable assurance that the declarant can convey or cause to be conveyed the units offered for disposition if the purchaser complies with the terms of the offer;
(2) That there is reasonable assurance that all proposed improvements will be completed as represented;
(3) That the advertising material and the general promotional plan are not false or misleading and comply with the standards prescribed by the Mayor in its rules and afford full and fair disclosures;
(4) Whether the declarant has, or if a corporation its officers and principals have, been convicted of a crime involving condominium unit dispositions or any aspect of the land sales business in the United States or any foreign country within the past 10 years, or has been subject to any injunction or administrative order restraining a false or misleading promotional plan involving land dispositions; and
(5) The public offering statement requirements of this chapter have been satisfied.
(Mar. 29, 1977, D.C. Law 1-89, title IV, § 405, 23 DCR 9532b.)
Prior Codifications
1981 Ed., § 45-1865.
1973 Ed., § 5-1265.
Section References
This section is referenced in § 42-1904.01 and § 42-1904.06.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 19 - Condominiums › Subchapter IV - Registration and Offering of Condominiums › § 42–1904.06. Application for registration — Notice of filing; registration or rejection; notice of need for rejection; hearing

§ 42–1904.06. Application for registration — Notice of filing; registration or rejection; notice of need for rejection; hearing.
(a) Upon receipt of the application for registration in proper form, the Mayor shall, within 5 business days, issue a notice of filing to the applicant. Within 60 days from the date of the notice of filing, the Mayor shall enter an order registering the condominium or rejecting the registration. If no order of rejection is entered within 60 days from the date of notice of filing, the condominium shall be deemed registered unless the applicant has consented in writing to a delay.
(b) If the Mayor affirmatively determines, upon inquiry and examination, that the requirements of § 42-1904.05 have been met, he shall enter an order registering the condominium and may require any additions, deletions, or modifications in and to the public offering statement in order to assure full and fair disclosure.
(c) If the Mayor determines upon inquiry and examination, that any of the requirements of § 42-1904.05 have not been met, he shall notify the applicant that the application for registration must be corrected in the particulars specified within 15 days or such longer period as he may prescribe. If the requirements are not met within the time allowed the Mayor shall enter an order rejecting the registration which shall include the findings of fact upon which the order is based. The order rejecting the registration shall not become effective for 20 days after the lapse of the aforesaid period during which 20-day period the applicant may petition for reconsideration and shall be entitled to a hearing to contest the particulars specified in the Mayor’s notice. Such order of rejection shall not take effect during the pendency of a hearing, if requested.
(Mar. 29, 1977, D.C. Law 1-89, title IV, § 406, 23 DCR 9532b.)
Prior Codifications
1981 Ed., § 45-1866.
1973 Ed., § 5-1266.
Section References
This section is referenced in § 42-1903.02, § 42-1904.01, § 42-1904.16, § 42-3401.03, and § 42-3402.11.
Cross References
Rental housing conversion and sale, applicability to prior housing accommodations conversions, see § 42-3402.11.
Rental housing conversion and sale, condominium conversion as issuance of notice of filing pursuant to this section, see § 42-3401.03.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 19 - Condominiums › Subchapter IV - Registration and Offering of Condominiums › § 42–1904.07. Registration; annual updating report by declarant; termination

§ 42–1904.07. Registration; annual updating report by declarant; termination.
The declarant shall, during any period of control of the condominium by the declarant pursuant to § 42-1903.02 file a report in the form prescribed by the rules of the Mayor within 30 days of each anniversary date of the order registering the condominium. The report shall reflect any material changes in information contained in the original application for registration. In the event that the annual report reveals that all of the units in the condominium have been disposed of, and that all periods for conversion or expansion have expired, the Mayor shall issue an order terminating the registration of the condominium.
(Mar. 29, 1977, D.C. Law 1-89, title IV, § 407, 23 DCR 9532b.)
Prior Codifications
1981 Ed., § 45-1867.
1973 Ed., § 5-1267.
Section References
This section is referenced in § 42-1904.01.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 19 - Condominiums › Subchapter IV - Registration and Offering of Condominiums › § 42–1904.13. Investigations and proceedings; powers of Mayor; enforcement through courts

§ 42–1904.13. Investigations and proceedings; powers of Mayor; enforcement through courts.
(a) The Mayor may make necessary public or private investigations in accordance with law within or outside of the District of Columbia to determine whether any person has violated or is about to violate this chapter or any rule or order hereunder, or to aid in the enforcement of this chapter or in the prescribing of rules and forms hereunder.
(b) For the purpose of any investigation or proceeding under this chapter, the Mayor or any officer designated by rule may administer oaths or affirmations, and upon the Mayor’s own motion or upon request of any party shall subpoena witnesses, compel their attendance, take evidence, and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition, and location of any books, documents or other tangible things and the identity and location of persons having knowledge of relevant facts or any other matter reasonably calculated to lead to the discovery of material evidence.
(c) Upon failure to obey a subpoena or to answer questions propounded by the investigating officer and upon reasonable notice to all persons affected thereby, the Mayor may apply to the Superior Court of the District of Columbia for an order compelling compliance.
(Mar. 29, 1977, D.C. Law 1-89, title IV, § 413, 23 DCR 9532b.)
Prior Codifications
1981 Ed., § 45-1873.
1973 Ed., § 5-1273.
Section References
This section is referenced in § 42-1901.01.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 19 - Condominiums › Subchapter IV - Registration and Offering of Condominiums › § 42–1904.14. Cease and desist and affirmative action orders; temporary cease and desist orders; prior notice thereof

§ 42–1904.14. Cease and desist and affirmative action orders; temporary cease and desist orders; prior notice thereof.
(a) If the Mayor determines after notice and hearing that a person has: (1) violated any provision of this chapter; (2) directly or through an agent or employee knowingly engaged in any false, deceptive or misleading advertising, promotional, or sales method to offer or dispose of a unit; (3) made any substantial change in the plan of disposition and development of the condominium subsequent to the order of registration without notifying the agency; (4) disposed of any units which have not been registered with the agency; or (5) violated any lawful order or rule of the agency, the Mayor may issue an order requiring the person to cease and desist from the unlawful practice and to take such affirmative action as in his judgment will carry out the purposes of this chapter.
(b) If the Mayor makes a finding of fact in writing that the public interest will be irreparably harmed by delay in issuing an order the Mayor may issue a temporary cease and desist order. Prior to issuing the temporary cease and desist order, the Mayor shall give notice of the proposal to issue a temporary cease and desist order to the person affected. Every temporary cease and desist order shall include in its terms a provision that upon request a hearing will be held promptly to determine whether or not such order becomes permanent.
(Mar. 29, 1977, D.C. Law 1-89, title IV, § 414, 23 DCR 9532b.)
Prior Codifications
1981 Ed., § 45-1874.
1973 Ed., § 5-1274.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 19 - Condominiums › Subchapter IV - Registration and Offering of Condominiums › § 42–1904.15. Revocation of registration; notice; hearing; written finding of fact; cease and desist order as alternative

§ 42–1904.15. Revocation of registration; notice; hearing; written finding of fact; cease and desist order as alternative.
(a)(1) A registration may be revoked after notice and hearing upon a written finding of fact that the declarant has:
(A) Failed to comply with the terms of a cease and desist order;
(B) Been convicted in any court subsequent to the filing of the application for registration for a crime involving fraud, deception, false pretenses, misrepresentation, false advertising, or dishonest dealing in real estate transactions;
(C) Disposed of, concealed, or diverted any funds or assets of any person so as to defeat the rights of unit purchasers;
(D) Failed faithfully to perform any stipulation or agreement made with the Mayor as an inducement to grant any registration, to reinstate any registration, or to approve any promotional plan or public offering statement; or
(E) Made intentional misrepresentations or concealed material facts in an application for registration.
(2) Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings.
(b) If the Mayor finds after notice and hearing that the declarant has been guilty of a violation for which revocation could be ordered, the Office of Administrative Hearings may issue a cease and desist order instead.
(Mar. 29, 1977, D.C. Law 1-89, title IV, § 415, 23 DCR 9532b; June 9, 2018, D.C. Law 22-112, § 3(a), 65 DCR 4600.)
Prior Codifications
1981 Ed., § 45-1875.
1973 Ed., § 5-1275.
Applicability
Applicability of D.C. Law 22-112: § 7147 of D.C. Law 23-16 repealed § 4 of D.C. Law 22-112. Therefore the amendment of this section by D.C. Law 22-112 has been implemented.
Applicability of D.C. Law 22-112: § 4 of D.C. Law 22-112 provided that the change made to this section by § 3(a) of D.C. Law 22-112 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 19 - Condominiums › Subchapter IV - Registration and Offering of Condominiums › § 42–1904.16. Judicial review of mayoral actions

§ 42–1904.16. Judicial review of mayoral actions.
Proceedings for judicial review of mayoral actions shall be subject to and be in accordance with the District of Columbia Administrative Procedure Act (§ 2-501 et seq.) applicable to “rule-making”; provided, however, that review of mayoral actions pursuant to § 42-1904.06 shall be subject to provisions applicable to “contested cases.”
(Mar. 29, 1977, D.C. Law 1-89, title IV, § 416, 23 DCR 9532b.)
Prior Codifications
1981 Ed., § 45-1876.
1973 Ed., § 5-1276.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 19 - Condominiums › Subchapter IV - Registration and Offering of Condominiums › § 42–1904.18. Severability

§ 42–1904.18. Severability.
If any provision of this chapter, or any paragraph, section, sentence, clause, phrase or word or the application thereof, in any circumstances is held invalid, the validity of the remainder of this chapter, and of the application of any such provision, paragraph, section, sentence, clause, phrase or word in any circumstances shall not be affected thereby and to this end, the provisions of this chapter are declared severable.
(Mar. 29, 1977, D.C. Law 1-89, title IV, § 418, 23 DCR 9532b.)
Prior Codifications
1981 Ed., § 45-1878.
1973 Ed., § 5-1278.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 20 - Horizontal Property Regimes › Subchapter I - General › § 42–2001. Short title

§ 42–2001. Short title.
This subchapter, including its table of contents, may be cited as the “Horizontal Property Act of the District of Columbia.”
(Dec. 21, 1963, 77 Stat. 449, Pub. L. 88-218, § 1.)
Prior Codifications
1981 Ed., § 45-1701.
1973 Ed., § 5-901.
Editor's Notes
Supersedure of chapter: The provisions of this chapter have been superseded by the provisions of Chapter 19 of this title. See § 42-1901.01(c).
2023 District of Columbia Code › Title 42 - Real Property › Chapter 20 - Horizontal Property Regimes › Subchapter I - General › § 42–2003. Establishment by subdivision

§ 42–2003. Establishment by subdivision.
Whenever the owners or the co-owners of any square or lot shall subdivide the same into a condominium project in conformity with § 42-2009 with a plat of condominium subdivision there shall be established a horizontal property regime.
(Dec. 21, 1963, 77 Stat. 451, Pub. L. 88-218, § 3.)
Prior Codifications
1981 Ed., § 45-1703.
1973 Ed., § 5-903.
Section References
This section is referenced in § 47-803, § 47-813, and § 47-1002.
Cross References
Real property assessment and tax, condominium defined, see §§ 47-803, 47-1002.
Real property assessment and tax, horizontal property regime defined, see § 47-803.
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 › § 42–2004. Transfer of individual units; incidents of real property; recordation

§ 42–2004. Transfer of individual units; incidents of real property; recordation.
Once the property is subdivided into the horizontal property regime, a condominium unit in the project may be individually conveyed, leased, and encumbered and may be inherited or devised by will, as if it were sole and entirely independent of the other condominium units in the project of which it forms a part; the said separate units shall have the same incidents as real property and the corresponding individual titles and interests therein shall be recordable.
(Dec. 21, 1963, 77 Stat. 451, Pub. L. 88-218, § 4; May 22, 1975, D.C. Law 1-3, § 2(2), 21 DCR 3945.)
Prior Codifications
1981 Ed., § 45-1704.
1973 Ed., § 5-904.
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 › § 42–2005. Joint tenancies, tenancies in common, tenancies by the entirety

§ 42–2005. Joint tenancies, tenancies in common, tenancies by the entirety.
Any condominium unit may be held and owned by more than 1 person as joint tenants, as tenants in common, as tenants by the entirety (in the case of husband and wife), or in any other real property tenancy relationship recognized under the laws of the District of Columbia.
(Dec. 21, 1963, 77 Stat. 451, Pub. L. 88-218, § 5.)
Prior Codifications
1981 Ed., § 45-1705.
1973 Ed., § 5-905.
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 › § 42–2007. Indivisibility of common elements; limitation upon partition; exception thereto

§ 42–2007. Indivisibility of common elements; limitation upon partition; exception thereto.
(a) The common elements, both general and limited, shall remain undivided. No unit owner, or any other person, shall bring any action for partition or division of the co-ownership permitted under § 93, and related provisions, of the Act of March 3, 1901 (31 Stat. 1203), as amended by the Act of June 30, 1902 (32 Stat. 523, ch. 1329), against any other owner or owners of any interest or interests in the same horizontal property regime so as to terminate the regime.
(b) Nothing contained in this section shall be construed as a limitation on partition by the owners of 1 or more units in a regime as to the individual ownership of such unit or units without terminating the regime or as to the ownership of property outside the regime; provided, that upon partition of any such individual unit the same shall be sold as an entity and shall not be partitioned in kind.
(Dec. 21, 1963, 77 Stat. 452, Pub. L. 88-218, § 7.)
Prior Codifications
1981 Ed., § 45-1707.
1973 Ed., § 5-907.
Section References
This section is referenced in § 42-2011.
Cross References
Partition actions, see § 16-2901.
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 › § 42–2008. Use of elements held in common; right to enter units for certain repairs

§ 42–2008. Use of elements held in common; right to enter units for certain repairs.
(a) Each co-owner may use the elements held in common in accordance with the purposes for which they are intended, without hindering or encroaching upon the lawful rights of the other co-owners.
(b) The manager, board of directors or of administration, as the case may be, shall have an irrevocable right and an easement to enter units to make repairs to common elements or when repairs reasonably appear to be necessary for public safety or to prevent damage to property other than the unit.
(Dec. 21, 1963, 77 Stat. 452, Pub. L. 88-218, § 8.)
Prior Codifications
1981 Ed., § 45-1708.
1973 Ed., § 5-908.
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 › § 42–2009. Plat of condominium subdivision — Contents thereof; certification and recordation

§ 42–2009. Plat of condominium subdivision — Contents thereof; certification and recordation.
(a) Whenever the owner or the co-owners of any square or lot duly subdivided in conformity with § 1-1320 or other applicable laws of the District of Columbia shall deem it necessary to subdivide the same into a condominium project of convenient condominium units for sale and occupancy and means of access for their accommodation, he may cause a plat or plats to be made by the surveyor of the District of Columbia, on which said plats, together, shall be expressed:
(1) The ground dimensions as set forth under such § 1-1320 and the exterior lengths of all lines of the building;
(2) For each floor or floors, in the instance of condominium units consisting of more than 1 floor, of the condominium subdivision, the number or letter, dimensions, and lengths of finished interior surfaces of unit dividing walls of the individual condominium units; the elevations (or average elevation, in case of slight variance) from a fixed known point, of finished floors and of finished ceilings of such condominium units situate upon the same floor, and further expressing the area, the relationship of each unit to the other upon the same floor and their relationship to the common elements upon said floor; provided, that when a unit is situated on more than 1 floor, access shall be provided within the unit between the portion of the unit on any 1 floor and the portion of the unit on any other floor in addition to any outside access which might be provided to any portion of the unit;
(3) The dimensions and lengths of the interior finished surface of walls, elevations, from said same fixed known point, of the finished floors and of the finished ceilings of the general common elements of the building, and, in proper case, of the limited common elements restricted to a given number of condominium units, expressing which are those units; and
(4) Any other data necessary for the identification of the individual condominium units and the general and limited common elements.
(b) And said owners or co-owners may certify such condominium subdivisions under their hands and seals in the presence of 2 credible witnesses, upon the same plat or on a paper or a parchment attached thereto. And the same shall thereupon be put up, labeled, indexed, and preserved for record and deposit with the office of the surveyor for the District of Columbia in like manner as land subdivisions have been heretofore recorded or in such other books as the said surveyor may prescribe.
(Dec. 21, 1963, 77 Stat. 452, Pub. L. 88-218, § 9; Aug. 21, 1964, 78 Stat. 586, Pub. L. 88-475, § 1(c); Apr. 9, 1997, D.C. Law 11-255, § 48(b), 44 DCR 1271.)
Prior Codifications
1981 Ed., § 45-1709.
1973 Ed., § 5-909.
Section References
This section is referenced in § 42-2003.
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 › § 42–2010. Plat of condominium subdivision — Reference thereto for description; conveyance of unit includes share in common elements

§ 42–2010. Plat of condominium subdivision — Reference thereto for description; conveyance of unit includes share in common elements.
When a plat of a condominium project and subdivision shall be so certified, examined, and recorded, the purchaser of any condominium unit thereof or any person interested therein may refer to the plat and record for description in the same manner as to squares and lots divided between the Mayor of the District of Columbia and the original proprietors and in the same manner as has been heretofore the practice for land subdivisions; provided, that said purchaser or other person interested therein shall also make reference to the plat of land subdivision appearing prior to the establishment of the condominium subdivision thereupon. Any such conveyance of an individual condominium unit shall be deemed to also convey the undivided interest of the owner in the common elements, both general and limited, and of any accessory units, if any, appertaining to said condominium unit without specifically or particularly referring to the same.
(Dec. 21, 1963, 77 Stat. 453, Pub. L. 88-218, § 10.)
Prior Codifications
1981 Ed., § 45-1710.
1973 Ed., § 5-910.
Section References
This section is referenced in § 42-2006 and § 42-2011.
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 › § 42–2012. Merger no bar to reconstitution

§ 42–2012. Merger no bar to reconstitution.
The merger provided for in the preceding section shall in no way bar the subsequent constitution of the property into another horizontal property regime whenever so desired and upon observance of the provisions of this subchapter.
(Dec. 21, 1963, 77 Stat. 454, Pub. L. 88-218, § 12.)
Prior Codifications
1981 Ed., § 45-1712.
1973 Ed., § 5-912.
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 › § 42–2013. Bylaws — Availability for examination; made part of declaration; amendment; compliance mandatory

§ 42–2013. Bylaws — Availability for examination; made part of declaration; amendment; compliance mandatory.
(a) The administration of every project constituted into a horizontal property regime shall be governed by the bylaws as the council of co-owners may from time to time adopt, which said bylaws together with the declaration, including recorded attachments thereto, referred to in § 42-2006 shall be available for examination by all the co-owners, their duly authorized attorneys or agents, at convenient hours on working days that shall be set and announced for general knowledge.
(b) A true copy of said bylaws shall be annexed to the declaration referred to in § 42-2006 and made a part thereof. No modification of or amendment to the bylaws shall be valid unless set forth in an amendment to the declaration and such amendment is duly recorded.
(c) Each unit owner shall comply strictly with the bylaws and with the administrative rules and regulations adopted pursuant thereto, as either of the same may be lawfully amended from time to time. Failure to comply with any of the same shall be ground for an action to recover sums due, for damages or injunctive relief, or both, maintainable by the manager, the administrator, board of directors or of administration, or as specified in the bylaws or in proper case, by an aggrieved unit owner.
(Dec. 21, 1963, 77 Stat. 454, Pub. L. 88-218, § 13; May 22, 1975, D.C. Law 1-3, § 2(2), 21 DCR 3945.)
Prior Codifications
1981 Ed., § 45-1713.
1973 Ed., § 5-913.
Editor's Notes
Supersedure of chapter: See Historical and Statutory Notes following § 42-2001.