District of Columbia Code
Subchapter I - General
§ 42–2017. Priority of liens; unpaid assessments upon sale or conveyance

(a) The lien determined, levied and assessed in accordance with § 42-2016 shall have preference over any other assessments, liens, judgments, or charges of whatever nature, except the following:
(1) Real estate taxes, other taxes arising out of or resulting from the ownership, use, or operation of the common areas, special assessments, including, but not limited to, special assessments for sewer mains, water mains, curbs, gutters, sidewalks, alleys, paving of streets, roads and avenues, removal or abatement of nuisances, and special assessments levied in connection with condemnation proceedings instituted by the District of Columbia, and water charges and sanitary sewer service charges levied on the condominium unit, and judgments, liens, preferences, and priorities for any tax assessed against a co-owner by the United States or the District of Columbia or due from or payable by a co-owner to the United States or the District of Columbia, and judgments, liens, preferences, and priorities in favor of the District of Columbia for assessments or charges referred to in this paragraph.
(2) The liens of any deeds of trust, mortgage instruments, or encumbrances duly recorded on the condominium unit prior to the assessment of the lien thereon or duly recorded on said unit after receipt of a written statement from the manager, board of directors, or of management reflecting that payments on said lien were current as of the date of recordation of said deed of trust, mortgage instrument, or encumbrance.
(b) Upon a voluntary sale or conveyance of a condominium unit all unpaid assessments against a grantor co-owner for his pro rata share of the expenses to which § 42-2016 refers shall first be paid out of the sales price or by the grantee in the order of preference set forth above. Upon an involuntary sale through foreclosure of a deed of trust, mortgage, or encumbrance having preference as set forth in paragraph (2) of subsection (a) of this section a purchaser thereunder shall not be liable for any installments of such lien as became due prior to his acquisition of title. Such arrears shall be deemed common expenses, collectible from all co-owners, including such purchaser.
(Dec. 21, 1963, 77 Stat. 456, Pub. L. 88-218, § 17.)
1981 Ed., § 45-1717.
1973 Ed., § 5-917.
This section is referenced in § 42-2022.
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