§ 42–1901.01. Applicability of chapter; corresponding terms; supersedure of prior law.

(a) This chapter shall apply to all condominiums created in the District of Columbia; provided, that except as otherwise expressly set forth in this chapter, any provision of this chapter that became effective after the creation of a condominium, horizontal property regime, or condominium project shall not invalidate an existing provision of the condominium instruments.

(b) For the purposes of this chapter:

(1) The terms “horizontal property regime” and “condominium project” shall be deemed to correspond to the term “condominium”;

(2) The term “co-owner” shall be deemed to correspond to the term “unit owner”;

(3) The term “council of co-owners” shall be deemed to correspond to the term “unit owners’ association”;

(4) The term “developer” shall be deemed to correspond to the term “declarant”; and

(5) The term “general common elements” shall be deemed to correspond to the term “common elements.”

(c) This chapter shall supersede the Horizontal Property Act of the District of Columbia, approved December 21, 1963 (77 Stat. 449; D.C. Official Code § 42-2001 et seq.) (“Horizontal Property Act”), and Regulation 74-26 of the District of Columbia City Council, enacted October 18, 1974. No condominium shall be established except pursuant to this chapter after March 28, 1977. This chapter shall not be construed, however, to affect the validity of any provision of any condominium instrument complying with the requirements of the Horizontal Property Act and recorded before March 28, 1977. Except for section 411, subtitle IV shall not apply to any condominium created before March 29, 1977. Any amendment to the condominium instruments of any condominium, horizontal property regime, or condominium project created before March 29, 1977, shall be valid and enforceable if the amendment would be permitted by this chapter and if the amendment was adopted in conformity with the procedures and requirements specified by those condominium instruments and by the applicable law in effect when the amendment was adopted. If an amendment grants a person any right, power, or privilege permitted by this chapter, any correlative obligation, liability, or restriction in this chapter shall apply to that person.

(d) This chapter shall not apply to any condominium located outside the District of Columbia. Sections 402 through 408 and sections 412 through 417 shall apply to any contract for the disposition of a condominium unit signed in the District of Columbia by any person, unless exempt under section 401.

(e) Except as otherwise provided in this chapter, amendments to this chapter shall not invalidate any provision of any condominium instrument that was permitted under this chapter at the time the provision was recorded.

(Mar. 29, 1977, D.C. Law 1-89, title I, § 101, 23 DCR 9532b; Mar. 8, 1991, D.C. Law 8-233, § 2(a), 38 DCR 261; Mar. 20, 1992, D.C. Law 9-82, § 2(a), 39 DCR 683; June 21, 2014, D.C. Law 20-109, § 2(a), 61 DCR 4304.)

Prior Codifications

1981 Ed., § 45-1801.

1973 Ed., § 5-1201.

Section References

This section is referenced in § 42-3401.03.

Effect of Amendments

The 2014 amendment by D.C. Law 20-109 rewrote the section.

Cross References

Rental housing conversion and sale, see § 42-3401.01 et seq.

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(a) of Condominium Act of 1976 Technical and Clarifying Temporary Amendment Act of 1991 (D.C. Law 9-38, August 17, 1991, law notification 38 DCR 5805).