(a) All provisions of the condominium instruments shall be deemed severable, and any unlawful provision thereof shall be void.
(b) No provision of the condominium instruments shall be deemed void by reason of the rule against perpetuities.
(c) No restraint on alienation shall discriminate or be used to discriminate on the basis of religious conviction, race, color, sex, or national origin. The condominium instruments may provide, however, for restraints on use of some or all of the units restricting the use of such units to persons meeting requirements based upon age, sex, marital status, physical disability or, in connection with programs of the federal or District of Columbia government, income levels.
(d) Subject to the provisions of subsection (c) of this section, the rule of property law known as the rule restricting unreasonable restraints on alienation shall not be applied to defeat any provision of the condominium instruments restraining the alienation of condominium units not restricted exclusively to residential use.
(e) Title to a condominium unit and common elements is not rendered unmarketable or otherwise affected by reason of an insubstantial failure of the condominium instruments to comply with this chapter. Whether or not a substantial failure impairs marketability is not affected by this chapter.
(Mar. 29, 1977, D.C. Law 1-89, title II, § 208, 23 DCR 9532b; Mar. 8, 1991, D.C. Law 8-233, § 2(l), 38 DCR 261.)
1981 Ed., § 45-1818.
1973 Ed., § 5-1218.
Structure District of Columbia Code
Subchapter II - Establishment of Condominiums
§ 42–1902.01. Creation of condominiums; recordation of instruments; plats; contiguity of units
§ 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
§ 42–1902.07. Instruments construed together and incorporate one another; when conflict arises
§ 42–1902.09. Compliance with condominium chapter and instruments
§ 42–1902.15. Preliminary recordation of plans
§ 42–1902.16. Easement for encroachments and support; where liability not relieved
§ 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
§ 42–1902.27. Amendment of instruments