District of Columbia Code
Subchapter I - General
§ 42–2028. Regulations of Council and Zoning Commission; enforcement thereof

In order to bring horizontal property regimes into compliance with the laws and regulations in effect in the District of Columbia, the Council of the District of Columbia and the Zoning Commission of the District of Columbia are each hereby authorized to adopt such regulations as either deems proper, within its respective general authority, and the Mayor of the District of Columbia and the Zoning Commission are each hereby authorized to enforce such regulations, within its respective general authority.
(Dec. 21, 1963, 77 Stat. 461, Pub. L. 88-218, § 28.)
1981 Ed., § 45-1728.
1973 Ed., § 5-928.
Supersedure of chapter: See Historical and Statutory Notes following § 42-2001.
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(132) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

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