§ 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 instruments, all powers and responsibilities with regard to maintenance, repair, renovation, restoration, and replacement of a condominium shall belong to:

(A) The unit owners’ association in the case of the common elements; and

(B) The individual unit owner in the case of any unit or any part of a unit.

(2) Each unit owner shall afford to the other unit owners and to the unit owners’ association and to any agents or employees of either access to the owner’s unit as may be reasonably necessary to enable them to exercise and discharge their respective powers and responsibilities. To the extent that damage is inflicted on the common elements or any unit that is accessed, the unit owner causing the same, or the unit owners’ association if it caused the same, shall be liable for the prompt repair of the damage. Notwithstanding any provision of this section or any provisions of the condominium instruments, the unit owners’ association may elect to maintain, repair, or replace specified unit components, or limited common element components for which individual unit owners are responsible, using common expense funds, if failure to perform the maintenance, repair, or replacement could have a material adverse effect on the common elements, the health, safety, or welfare of the unit owners, or the income and the common expenses of the unit owners’ association. The maintenance, repair, or replacement may be at the expense of the unit owners’ association or, in the reasonable judgment of the executive board, if a limited number of units is affected, at the expense of the unit owners affected. The expense will be considered for all purposes an assessment against any unit to which the limited common element appertains.

(b) Repealed.

(Mar. 29, 1977, D.C. Law 1-89, title III, § 307, 23 DCR 9532b; Mar. 8, 1991, D.C. Law 8-233, § 2(aa), 38 DCR 261; June 21, 2014, D.C. Law 20-109, § 2(i), 61 DCR 4304.)

Prior Codifications

1981 Ed., § 45-1847.

1973 Ed., § 5-1247.

Section References

This section is referenced in § 42-1904.04.

Effect of Amendments

The 2014 amendment by D.C. Law 20-109 rewrote (a).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(j) 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).