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Current through October 23, 2012
(a) This chapter shall apply to all condominiums created in the District of Columbia after March 29, 1977. Sections 42-1901.03 through 42-1901.06, 42-1902.03, 42-1902.06 through 42-1902.09, 42-1902.30, 42- 1903.05(d), 42-1903.08(a)(1) through (6), 42-1903.08(a)(11) through (16), 42-1903.09, 42-1903.13, 42-1903.14, 42-1903.20, 42- 1904.11, 42-1904.13 through 42-1904.17, and 42-1901.02, to the extent necessary in construing any of those sections, shall apply to any condominium and to any horizontal property regime or condominium project created in the District of Columbia before March 29, 1977, except that these sections shall apply only with respect to an event or circumstance that occurs after March 29, 1977 and shall not invalidate any existing provision of the condominium instruments of any condominium, horizontal property regime, or condominium project.
(b) For the purposes of this chapter:
(1) The terms "horizontal property regime" and "condominium project" shall be deemed to correspond to the term "condominium";
(2) The term "co-owner" shall be deemed to correspond to the term "unit owner";
(3) The term "council of co-owners" shall be deemed to correspond to the term "unit owners' association";
(4) The term "developer" shall be deemed to correspond to the term "declarant"; and
(5) The term "general common elements" shall be deemed to correspond to the term "common elements."
(c) This chapter shall supersede Chapter 20 of this title, and Regulation 74-26 of the District of Columbia City Council, enacted October 18, 1974. No condominium shall be established except pursuant to this chapter after March 28, 1977. This chapter shall not be construed, however, to affect the validity of any provision of any condominium instrument complying with the requirements of Chapter 20 of this title and recorded prior to March 28, 1977. Except for § 42-1904.11, subchapter IV shall not apply to any condominium created prior to March 29, 1977. Any amendment to the condominium instruments of any condominium, horizontal property regime, or condominium project created before March 29, 1977, shall be valid and enforceable if the amendment would be permitted by this chapter and if the amendment was adopted in conformity with the procedures and requirements specified by those condominium instruments and by the applicable law in effect when the amendment was adopted. If an amendment grants a person any right, power, or privilege permitted by this chapter, any correlative obligation, liability, or restriction in this chapter shall apply to that person.
(d) This chapter shall not apply to any condominium located outside the District of Columbia. Sections 42-1904.02 through 42-1904.08 and §§ 42-1904.12 through 42-1904.17 shall apply to any contract for the disposition of a condominium unit signed in the District of Columbia by any person, unless exempt under § 42-1904.01.
(e) Except as otherwise provided in this chapter, amendments to this chapter shall not invalidate any provision of any condominium instrument which was permitted under this chapter at the time the provision was recorded.
(Mar. 29, 1977, D.C. Law 1-89, title I, § 101, 23 DCR 9532b; Mar. 8, 1991, D.C. Law 8-233, § 2(a), 38 DCR 261; Mar. 20, 1992, D.C. Law 9-82, § 2(a), 39 DCR 683.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 45-1801.
1973 Ed., § 5-1201.
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2(a) of Condominium Act of 1976 Technical and Clarifying Temporary Amendment Act of 1991 (D.C. Law 9-38, August 17, 1991, law notification 38 DCR 5805).
Legislative History of Laws
Law 1-89, the "Condominium Act of 1976," was introduced in Council and assigned Bill No. 1-179, which was referred to the Committee on Housing and Urban Development. The Bill was adopted on first and second readings on June 29, 1976, and July 20, 1976, respectively. Signed by the Mayor on August 6, 1976, it was assigned Act No. 1-151 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 8-233, see Historical and Statutory Notes following § 42-1901.07.
Law 9-82, the "Condominium Act of 1976 Technical and Clarifying Amendment Act of 1992," was introduced in Council and assigned Bill No. 9-240, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on December 17, 1991, and January 7, 1992, respectively. Signed by the Mayor on January 28, 1992, it was assigned Act No. 9-140 and transmitted to both Houses of Congress for its review. D.C. Law 9-82 became effective on March 20, 1992.
