District of Columbia Code
Subchapter II - Establishment of Condominiums
§ 42–1902.08. Provisions of instrument severable; unlawful provisions void; rule against perpetuities; restraints on alienation; unreasonable restraint

(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

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