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Subchapter I - General Provisions
§ 42–1901.01. Applicability of chapter; corresponding terms; supersedure of prior law - (a) This chapter shall apply to all condominiums created in...
§ 42–1901.02. Definitions - For the purposes of this chapter: (1) “Common elements” shall...
§ 42–1901.03. Separate titles - Each condominium unit shall constitute for all purposes a separate...
§ 42–1901.04. Separate taxation - (a) If there is any unit owner other than the...
§ 42–1901.05. Ordinances and regulations - No zoning or other land use ordinance or regulation shall...
§ 42–1901.06. Eminent domain - (a) If any portion of the common elements is taken...
§ 42–1901.07. Variation by agreement - Except as expressly provided by this chapter, a provision of...
§ 42–1901.08. Interpretation of chapter - In the application or construction of the provisions of this...
Subchapter II - Establishment of Condominiums
§ 42–1902.01. Creation of condominiums; recordation of instruments; plats; contiguity of units - No condominium shall come into existence except by the recordation...
§ 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 - (a) At the time of the conveyance to the first...
§ 42–1902.03. Description of condominium units; undivided interest in common elements automatically included - After the creation of the condominium, no description of a...
§ 42–1902.04. Declaration, bylaws and amendments of each to be executed by owners and lessees - The declaration and bylaws, and any amendments of either made...
§ 42–1902.05. Recordation of condominium instruments; amendment and certification thereof - All amendments and certifications of the condominium instruments shall set...
§ 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 - Except to the extent otherwise provided by the condominium instruments:...
§ 42–1902.07. Instruments construed together and incorporate one another; when conflict arises - The condominium instruments shall be construed together and shall be...
§ 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...
§ 42–1902.09. Compliance with condominium chapter and instruments - (a) Any lack of compliance with this chapter or with...
§ 42–1902.10. Contents of declaration; where condominium contains convertible land; expandable, contractable and leasehold condominiums; easements; additionally required descriptions - (a) The declaration for every condominium shall contain: (1) The...
§ 42–1902.11. Allocation of interests in common elements; proportionate or equal shares; statement in declaration; no alteration nor disposition without unit; no partition - (a) The declaration may allocate to each unit depicted on...
§ 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 - (a) If a condominium contains any convertible land or is...
§ 42–1902.13. Assignments of limited common elements; method of reassignment; amendment of instruments and recordation thereof - (a) All assignments and reassignments of limited common elements shall...
§ 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 - (a) There shall be recorded promptly upon recordation of the...
§ 42–1902.15. Preliminary recordation of plans - Plans previously recorded pursuant to the provisos set forth in...
§ 42–1902.16. Easement for encroachments and support; where liability not relieved - (a) To the extent that any unit or common element...
§ 42–1902.17. Conversion of convertible lands; recordation of appropriate instruments; character of convertible land; tax liability; time limitation on conversion - (a) The declarant may convert all or any portion of...
§ 42–1902.18. Conversion of convertible spaces; amendment of declaration and bylaws; recordation; status of convertible space not converted - (a) The declarant may convert all or any portion of...
§ 42–1902.19. Expansion of condominiums; amendment of declaration; recordation; reallocation of interests in common elements - No condominium shall be expanded except in accordance with the...
§ 42–1902.20. Contraction of the Condominium - (a) Except as provided in subsection (b) of this section,...
§ 42–1902.21. Declarant’s easement over common elements for purpose of improvements, etc - Subject to any restrictions and limitations the condominium instruments may...
§ 42–1902.22. Sales offices, model units, etc.; authorization; when become common elements - The declarant and the declarant’s authorized agents, representatives, and employees...
§ 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 - (a) No covenants, restrictions, limitations, or other representations or commitments...
§ 42–1902.24. Improvements or alterations within unit; exterior appearance not to be changed; merger of adjoining units - (a) Except to the extent prohibited by the condominium instruments,...
§ 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 - (a) Unless expressly prohibited in the condominium instruments, the boundaries...
§ 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 - (a) Unless expressly prohibited by the condominium instruments, a unit...
§ 42–1902.27. Amendment of instruments - (a) If there is no unit owner other than the...
§ 42–1902.28. Termination of condominium - (a) If there is no unit owner other than the...
§ 42–1902.29. Condominium lease; recordation; terms; leasehold payments; increases; sale or assignation; offer to unit owners’ association; renewal - (a) The declarant of a leasehold condominium shall record with...
§ 42–1902.30. Transfer of special declarant rights - (a) A special declarant right created or reserved under this...
Subchapter III - Control and Governance of Condominiums
§ 42–1903.01. Bylaws; recordation; unit owners’ association and executive board thereof; powers and duties; officers; amendment and contents thereof; responsibility for insurance on common elements - (a) There shall be recorded simultaneously with the declaration a...
§ 42–1903.02. Control by declarant; limitations; contracts entered on behalf of unit owners; declarant to act where owners’ association or officers thereof not existent; graduated representation of unit owners in executive board; strict construction - (a) The condominium instruments may authorize the declarant, or a...
§ 42–1903.03. Meetings; electronic notice - *NOTE: This section includes amendments by emergency legislation that will...
§ 42–1903.04. Meetings — Executive board; quorums - (a) Unless the condominium instruments otherwise provide, a quorum shall...
§ 42–1903.05. Allocation of votes within unit owners’ association; vote where more than 1 owner of unit; proxies; majority; provisions not applicable to units owned by association - (a) The bylaws may allocate to each unit depicted on...
§ 42–1903.06. Officers; disqualification - (a) If the condominium instruments provide that any officer or...
§ 42–1903.07. Maintenance, repair, etc., of condominiums; right of access for repair; liability for damages arising from exercise thereof; warranty against structural defects; limitations upon actions; bond or other security - (a)(1) Except to the extent otherwise provided by the condominium...
§ 42–1903.08. Unit owners’ associations; powers and rights; deemed attorney-in-fact to grant and accept beneficial easements - (a) Except to the extent expressly prohibited by the condominium...
§ 42–1903.08a. Condominium Association Advisory Council - (a) There is established a Condominium Association Advisory Council ("CAAC")....
§ 42–1903.09. Tort and contract liability of association and declarant; judgment liens against common property and individual units - (a) An action for tort alleging a wrong done: (1)...
§ 42–1903.10. Insurance obtained by association; notice to unit owners - (a) When any insurance policy has been obtained by or...
§ 42–1903.11. Rights to surplus funds - Unless otherwise provided in the condominium instruments, any surplus funds...
§ 42–1903.12. Liability for common expenses; special assessments; proportionate liability fixed in bylaws; installment payment of assessments; when assessment past due; interest thereon - (a) Except to the extent that the condominium instruments provide...
§ 42–1903.12a. Notice of intention to take legal action to collect past due amounts - The unit owners' association shall, when advising the unit owner...
§ 42–1903.13. Lien for assessments against units; priority; recordation not required; enforcement by sale; notice to delinquent owner and public; distribution of proceeds; power of executive board to purchase unit at sale; limitation; costs and attor... - *NOTE: This section includes amendments by temporary legislation that will...
§ 42–1903.14. Books, minutes, and records; inspection - (a) The unit owners’ association, or the declarant, the managing...
§ 42–1903.15. Limitation on right of first refusal and other restraints on alienation; recordable statement of waiver of rights to be supplied promptly upon request - If the condominium instruments create any rights of first refusal...
§ 42–1903.16. Warranty against structural defects; limitation for conversion condominiums; exclusion or modification of warranty - (a) As used in this section, the term “structural defect”...
§ 42–1903.17. Statute of limitations for warranties - A judicial proceeding for breach of any warranty that arises...
§ 42–1903.18. Master associations — Authorization; powers; rights and responsibilities of unit owners; election of executive board - (a) If the condominium instruments for a condominium provide that...
§ 42–1903.19. Merger or consolidation of condominiums - (a) Any 2 or more condominiums, by agreement of the...
§ 42–1903.20. Conveyance or encumbrance of common elements - (a) A portion of the common elements may be conveyed...
§ 42–1903.21. Unit owners’ association as trustee - With respect to a third person that deals with the...
Subchapter IV - Registration and Offering of Condominiums
§ 42–1904.01. Exemptions - Unless the method of offer or disposition is adopted for...
§ 42–1904.02. No offer or disposition of unit prior to registration; current public offering statement; right of cancellation by purchaser; form therefor prescribed by Mayor - (a) Neither declarant nor any person on behalf of declarant...
§ 42–1904.03. Application for registration; contents; later registration of additional units; availability for public inspection; fee to be determined by Mayor - (a) The application for registration of the condominium shall be...
§ 42–1904.04. Public offering statement; form prescribed by Mayor; contents; use in promotions; material change in information and amendment of statement - (a) A public offering statement shall disclose fully and accurately...
§ 42–1904.05. Application for registration — Investigation by Mayor upon receipt - Upon receipt of an application for registration in proper form,...
§ 42–1904.06. Application for registration — Notice of filing; registration or rejection; notice of need for rejection; hearing - (a) Upon receipt of the application for registration in proper...
§ 42–1904.07. Registration; annual updating report by declarant; termination - The declarant shall, during any period of control of the...
§ 42–1904.08. Conversion condominiums; additional contents of public offering statement; notice of intent to convert; tenant’s and subtenant’s right to purchase; notice to vacate - (a) Any declarant of a conversion condominium shall include in...
§ 42–1904.09. Escrow of deposits; to bear interest; not subject to attachment - (a) Any deposit made in regard to any disposition of...
§ 42–1904.10. Copies of documents to be furnished to purchaser by declarant; Department of Housing and Community Development website publication - (a) Unless previously furnished, an exact copy of the recorded...
§ 42–1904.11. Resale by unit owner; seller to obtain appropriate statements from association and furnish to purchaser; scope of provisions - (a) In the event of a resale of a condominium...
§ 42–1904.12. Mayor to administer chapter; rules and regulations; advertising materials; abbreviated public offering statement; court actions; intervention in suits involving condominiums; notice relating to conversion condominiums - (a) This chapter shall be administered by the Mayor or...
§ 42–1904.13. Investigations and proceedings; powers of Mayor; enforcement through courts - (a) The Mayor may make necessary public or private investigations...
§ 42–1904.14. Cease and desist and affirmative action orders; temporary cease and desist orders; prior notice thereof - (a) If the Mayor determines after notice and hearing that...
§ 42–1904.15. Revocation of registration; notice; hearing; written finding of fact; cease and desist order as alternative - (a)(1) A registration may be revoked after notice and hearing...
§ 42–1904.16. Judicial review of mayoral actions - Proceedings for judicial review of mayoral actions shall be subject...
§ 42–1904.17. Penalties; prosecution by Attorney General - (a) Any person who wilfully violates any provision of this...
§ 42–1904.18. Severability - If any provision of this chapter, or any paragraph, section,...