District of Columbia Code
Subchapter II - Establishment of Condominiums
§ 42–1902.06. Construction of terms in instruments; designation of unit boundaries; division of property within and without unit boundary; common element serving single unit

Except to the extent otherwise provided by the condominium instruments:
(1) The terms defined in § 42-1901.02 shall be deemed to have the meanings therein specified wherever they appear in the condominium instruments unless the context otherwise requires;
(2) To the extent that walls, floors, or ceilings are designated as the boundaries of the units or of any specified units, all doors and windows therein, and all lath, wallboard, plastering, and any other materials constituting any part of the finished surfaces thereof, shall be deemed a part of such units, while all other portions of such walls, floors, or ceilings shall be deemed a part of the common elements;
(3) If any chutes, flues, ducts, conduits, wires, bearing walls, bearing columns, or any other apparatus lies partially within and partially outside of the designated boundaries of a unit, any portions thereof serving only that unit shall be deemed a part of that unit, while any portions thereof serving more than 1 unit or any portion of the common elements shall be deemed a part of the common elements;
(4) Subject to the provisions of paragraph (3) of this section, all space, interior partitions, and other fixtures and improvements within the boundaries of a unit shall be deemed a part of that unit; and
(5) Any shutters, awnings, window boxes, doorsteps, porches, balconies, patios, and any other apparatus designed to serve a single unit, but located outside the boundaries thereof, shall be deemed a limited common element appertaining to that unit exclusively.
(Mar. 29, 1977, D.C. Law 1-89, title II, § 206, 23 DCR 9532b.)
1981 Ed., § 45-1816.
1973 Ed., § 5-1216.
This section is referenced in § 42-1901.01, § 42-1902.10, § 42-1902.14, and § 42-1903.06.

Structure District of Columbia Code

District of Columbia Code

Title 42 - Real Property

Chapter 19 - Condominiums

Subchapter II - Establishment of Condominiums

§ 42–1902.01. Creation of condominiums; recordation of instruments; plats; contiguity of units

§ 42–1902.02. Release of liens prior to conveyance of first unit; exemption; liens for labor or material applied to individual units or common areas; partial release

§ 42–1902.03. Description of condominium units; undivided interest in common elements automatically included

§ 42–1902.04. Declaration, bylaws and amendments of each to be executed by owners and lessees

§ 42–1902.05. Recordation of condominium instruments; amendment and certification thereof

§ 42–1902.06. Construction of terms in instruments; designation of unit boundaries; division of property within and without unit boundary; common element serving single unit

§ 42–1902.07. Instruments construed together and incorporate one another; when conflict arises

§ 42–1902.08. Provisions of instrument severable; unlawful provisions void; rule against perpetuities; restraints on alienation; unreasonable restraint

§ 42–1902.09. Compliance with condominium chapter and instruments

§ 42–1902.10. Contents of declaration; where condominium contains convertible land; expandable, contractable and leasehold condominiums; easements; additionally required descriptions

§ 42–1902.11. Allocation of interests in common elements; proportionate or equal shares; statement in declaration; no alteration nor disposition without unit; no partition

§ 42–1902.12. Allocation where condominium expandable or contains convertible land; reallocation following addition of land; where all convertible space converted to common elements; effect of reduction in number of units

§ 42–1902.13. Assignments of limited common elements; method of reassignment; amendment of instruments and recordation thereof

§ 42–1902.14. Recordation of plat and plans; contents; certification; when new plat, survey, and recordation necessary; provisions applicable to limited common elements; filing with Office of Surveyor

§ 42–1902.15. Preliminary recordation of plans

§ 42–1902.16. Easement for encroachments and support; where liability not relieved

§ 42–1902.17. Conversion of convertible lands; recordation of appropriate instruments; character of convertible land; tax liability; time limitation on conversion

§ 42–1902.18. Conversion of convertible spaces; amendment of declaration and bylaws; recordation; status of convertible space not converted

§ 42–1902.19. Expansion of condominiums; amendment of declaration; recordation; reallocation of interests in common elements

§ 42–1902.20. Contraction of the Condominium

§ 42–1902.21. Declarant’s easement over common elements for purpose of improvements, etc

§ 42–1902.22. Sales offices, model units, etc.; authorization; when become common elements

§ 42–1902.23. Representations or commitments relating to additional or withdrawable land; declarant’s obligation to complete or begin improvements designated for such; liability for damages arising out of use of certain easements

§ 42–1902.24. Improvements or alterations within unit; exterior appearance not to be changed; merger of adjoining units

§ 42–1902.25. Relocation of boundaries between units; when permitted; written application; amendment of declaration and bylaws; reallocation of common elements; altered maps and plans; recordation and effect thereof; scope of provisions

§ 42–1902.26. Subdivision of units; when permitted; written application; amendment of declaration and bylaws; reallocation of common elements; altered maps and plans; recordation and effect thereof; scope of provisions

§ 42–1902.27. Amendment of instruments

§ 42–1902.28. Termination of condominium

§ 42–1902.29. Condominium lease; recordation; terms; leasehold payments; increases; sale or assignation; offer to unit owners’ association; renewal

§ 42–1902.30. Transfer of special declarant rights