District of Columbia Code
Subchapter II - Establishment of Condominiums
§ 42–1902.09. Compliance with condominium chapter and instruments

(a) Any lack of compliance with this chapter or with any lawful provision of the condominium instruments shall be grounds for an action or suit to recover damages or injunctive relief, or for any other available remedy maintainable by the unit owners’ association, the unit owners’ association’s executive board, any managing agent on behalf of the unit owners’ association, an aggrieved person on his or her own behalf, or, in an otherwise proper case, as a class action.
(b) The decisions and actions of the unit owners’ association and its executive board shall be reviewable by a court using the “business judgment” standard. A unit owners’ association shall have standing to sue in its own name for a claim or action related to the common elements. Unless otherwise provided in the condominium instruments, the substantially prevailing party in an action brought by a unit owners’ association against a unit owner or by a unit owner against the unit owners’ association shall be entitled to recover reasonable attorneys’ fees and costs expended in the matter.
(Mar. 29, 1977, D.C. Law 1-89, title II, § 209, 23 DCR 9532b; Mar. 8, 1991, D.C. Law 8-233, § 2(m), 38 DCR 261; June 21, 2014, D.C. Law 20-109, § 2(c), 61 DCR 4304.)
1981 Ed., § 45-1819.
1973 Ed., § 5-1219.
This section is referenced in § 42-1903.13.
The 2014 amendment by D.C. Law 20-109 added (b).
Liens for unit assessments, enforcement and foreclosure sales, see § 42-1903.13.

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