District of Columbia Code
Subchapter I - General
§ 42–2007. Indivisibility of common elements; limitation upon partition; exception thereto

(a) The common elements, both general and limited, shall remain undivided. No unit owner, or any other person, shall bring any action for partition or division of the co-ownership permitted under § 93, and related provisions, of the Act of March 3, 1901 (31 Stat. 1203), as amended by the Act of June 30, 1902 (32 Stat. 523, ch. 1329), against any other owner or owners of any interest or interests in the same horizontal property regime so as to terminate the regime.
(b) Nothing contained in this section shall be construed as a limitation on partition by the owners of 1 or more units in a regime as to the individual ownership of such unit or units without terminating the regime or as to the ownership of property outside the regime; provided, that upon partition of any such individual unit the same shall be sold as an entity and shall not be partitioned in kind.
(Dec. 21, 1963, 77 Stat. 452, Pub. L. 88-218, § 7.)
1981 Ed., § 45-1707.
1973 Ed., § 5-907.
This section is referenced in § 42-2011.
Partition actions, see § 16-2901.
Supersedure of chapter: See Historical and Statutory Notes following § 42-2001.

Structure District of Columbia Code

District of Columbia Code

Title 42 - Real Property

Chapter 20 - Horizontal Property Regimes

Subchapter I - General

§ 42–2001. Short title

§ 42–2002. Definitions

§ 42–2003. Establishment by subdivision

§ 42–2004. Transfer of individual units; incidents of real property; recordation

§ 42–2005. Joint tenancies, tenancies in common, tenancies by the entirety

§ 42–2006. Units held in fee; common elements held in undivided shares; recordation of declaration of ownership percentages; market values of units and shares not fixed; voting on basis; unit deeds

§ 42–2007. Indivisibility of common elements; limitation upon partition; exception thereto

§ 42–2008. Use of elements held in common; right to enter units for certain repairs

§ 42–2009. Plat of condominium subdivision — Contents thereof; certification and recordation

§ 42–2010. Plat of condominium subdivision — Reference thereto for description; conveyance of unit includes share in common elements

§ 42–2011. Termination and waiver of regime; certification upon plat; judicial termination; ownership after termination; condominium restrictions not applicable after termination or partition

§ 42–2012. Merger no bar to reconstitution

§ 42–2013. Bylaws — Availability for examination; made part of declaration; amendment; compliance mandatory

§ 42–2014. Plat of condominium subdivision — Necessary; modification of administration

§ 42–2015. Books of receipts and expenditures; availability for examination; annual audit

§ 42–2016. Common profits and expenses; taxation; proportional contributions for administration and maintenance mandatory; determination of amount due and assessment of lien

§ 42–2017. Priority of liens; unpaid assessments upon sale or conveyance

§ 42–2018. Joint and several liability of purchaser and seller of unit for amounts owing under § 42-2016; purchaser’s right of indemnity; right to statement of amount of unpaid assessments

§ 42–2019. Supplemental method of enforcement of lien; rights and duties of subsequent purchaser; priority of lien, bond and trust; written statement of payments due under lien

§ 42–2020. Authority to obtain hazard insurance; held in trust; no effect on right to insure individual unit

§ 42–2021. Application of insurance proceeds to reconstruction; pro rata distribution in certain cases according to bylaws or decision of council

§ 42–2022. Sharing of reconstruction cost where project not insured or insurance indemnity insufficient

§ 42–2023. Unit identification; taxation of unit and proportionate share of common area; effect of forfeiture or tax sale of other units

§ 42–2024. Actions relating to common elements; service of process; removal of lien on proportionate share of common areas following judgment against other unit owners

§ 42–2025. Liens available only against individual units; consent necessary for mechanics’ or materialmen’s liens; removal of lien on unit and proportionate share of common area following judgment against other unit owners

§ 42–2026. Rule against perpetuities and rule against unreasonable restraints on alienation not applicable to horizontal property regimes; exception for individual units

§ 42–2027. Subchapter supplements existing code provisions; exception where conflict arises

§ 42–2028. Regulations of Council and Zoning Commission; enforcement thereof

§ 42–2029. Subchapter interpreted to require compliance with all applicable laws; owners’ responsibilities for taxes; methods of collection; no effect on eminent domain

§ 42–2030. Right to individual water meters; common water service authorized; billing and collection

§ 42–2031. Authority vested in Board of Commissioners unaffected; delegation of functions