Horizontal Property Act
District of Columbia · 42 · §§ 42-2001 to 42-2031 · 31 sections
Overview
The Horizontal Property Act governs condominium-style ownership, allowing a property to be divided into separately owned apartments held alongside common elements that belong to all owners in common and cannot be partitioned. A regime is created by recording a master deed or lease together with plot and building plans identifying each apartment, and the property is then administered by a council of co-owners under bylaws that set the system of administration, allocate common expenses, and back unpaid assessments with a lien enforceable against the apartment and its later purchasers. The act further covers insurance, repair or reconstruction after fire or other damage, separate tax assessment of individual apartments, termination of the regime through waiver and merger, and the conversion of rental units to condominiums, including the notices, purchase offers, and disclosures owed to existing tenants.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
Sections covered
- D.C. Code § 42-2001Short title
- D.C. Code § 42-2002Definitions
- D.C. Code § 42-2003Establishment by subdivision
- D.C. Code § 42-2004Transfer of individual units; incidents of real property; recordation
- D.C. Code § 42-2005Joint tenancies, tenancies in common, tenancies by the entirety
- D.C. Code § 42-2006Units 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
- D.C. Code § 42-2007Indivisibility of common elements; limitation upon partition; exception thereto
- D.C. Code § 42-2008Use of elements held in common; right to enter units for certain repairs
- D.C. Code § 42-2009Plat of condominium subdivision — Contents thereof; certification and recordation
- D.C. Code § 42-2010Plat of condominium subdivision — Reference thereto for description; conveyance of unit includes share in common elements
- D.C. Code § 42-2011Termination and waiver of regime; certification upon plat; judicial termination; ownership after termination; condominium restrictions not applicable after termination or partition
- D.C. Code § 42-2012Merger no bar to reconstitution
- D.C. Code § 42-2013Bylaws — Availability for examination; made part of declaration; amendment; compliance mandatory
- D.C. Code § 42-2014Plat of condominium subdivision — Necessary; modification of administration
- D.C. Code § 42-2015Books of receipts and expenditures; availability for examination; annual audit
- D.C. Code § 42-2016Common profits and expenses; taxation; proportional contributions for administration and maintenance mandatory; determination of amount due and assessment of lien
- D.C. Code § 42-2017Priority of liens; unpaid assessments upon sale or conveyance
- D.C. Code § 42-2018Joint 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
- D.C. Code § 42-2019Supplemental method of enforcement of lien; rights and duties of subsequent purchaser; priority of lien, bond and trust; written statement of payments due under lien
- D.C. Code § 42-2020Authority to obtain hazard insurance; held in trust; no effect on right to insure individual unit
- D.C. Code § 42-2021Application of insurance proceeds to reconstruction; pro rata distribution in certain cases according to bylaws or decision of council
- D.C. Code § 42-2022Sharing of reconstruction cost where project not insured or insurance indemnity insufficient
- D.C. Code § 42-2023Unit identification; taxation of unit and proportionate share of common area; effect of forfeiture or tax sale of other units
- D.C. Code § 42-2024Actions relating to common elements; service of process; removal of lien on proportionate share of common areas following judgment against other unit owners
- D.C. Code § 42-2025Liens 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
- D.C. Code § 42-2026Rule against perpetuities and rule against unreasonable restraints on alienation not applicable to horizontal property regimes; exception for individual units
- D.C. Code § 42-2027Subchapter supplements existing code provisions; exception where conflict arises
- D.C. Code § 42-2028Regulations of Council and Zoning Commission; enforcement thereof
- D.C. Code § 42-2029Subchapter interpreted to require compliance with all applicable laws; owners’ responsibilities for taxes; methods of collection; no effect on eminent domain
- D.C. Code § 42-2030Right to individual water meters; common water service authorized; billing and collection
- D.C. Code § 42-2031Authority vested in Board of Commissioners unaffected; delegation of functions
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