D.C. Code § 42-1903.01

Current through codified legislation effective September 18, 2024

Section 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 set of bylaws providing for the self-government of the condominium by an association of all the unit owners. The unit owners' association may be incorporated.

(b) The bylaws shall provide whether or not the unit owners' association shall have an executive board. The executive board, if any, shall, subsequent to the expiration of the period of declarant control specified pursuant to § 42-1903.02(a), be elected by the unit owners unless the unit owners vote to amend the bylaws to provide otherwise. If there is to be such a board, the bylaws shall specify the powers and responsibilities of the same and the number and terms of its members. The bylaws may delegate to such board, inter alia, any of the powers and responsibilities assigned by this chapter to the unit owners' association. The bylaws shall also specify which, if any, of its powers and responsibilities the unit owners' association or its executive board may delegate to a managing agent.

(c) The bylaws shall provide whether or not there shall be officers in addition to the members of the executive board. If there are to be such additional officers, the bylaws shall specify the powers and responsibilities of the same, the manner of their selection and removal, their number and their terms. the bylaws may delegate to such additional officers, inter alia, any of the powers and responsibilities assigned by this chapter to the unit owners' association.

(d) In any case where an amendment to the declaration is required by subsection (b), (c), or (d) of § 42-1902.12, the person or persons required to execute the same shall also prepare and execute, and record simultaneously with such amendment, an amendment to the bylaws. The amendment to the bylaws shall allocate to the new units votes in the unit owners' association, rights to future surplus funds, and liabilities for future common expenses not specially assessed, on the same bases as were used for such allocations to the units depicted on plats and plans recorded pursuant to subsections (a) and (b) of § 42-1902.14; or shall abolish the votes appertaining to former units and reallocate their rights to future surplus funds, and their liabilities for future common expenses not specially assessed, to the remaining units in proportion to the relative rights and liabilities of the remaining units immediately prior to the amendment.

(e) Repealed.

D.C. Code § 42-1903.01

Mar. 29, 1977, D.C. Law 1-89, title III, § 301, 23 DCR 9532b; Mar. 8, 1991, D.C. Law 8-233, § 2(v), 38 DCR 261.

Section 2 of D.C. Law 19-178, as amended by section 7008(a) of Law 20 "61, provided:

"(a)(1) Notwithstanding any provision of law to the contrary, the principal officer of the 8th Street Plaza Condominium Association, Inc., ~8th Street Association') for the 8th Street Condominium, located in Square 5956W and Lots 26, 27, 817, 818, and 2001 through 2034 in Square 5956 ( ~8th Street Condominium') may:

"(A) ,Through a simple majority of a quorum of its Board of Directors, correct, amend, and restate its condominium instruments, including its bylaws, declaration, and plats and plans ( ~modified instruments'), to correct any errors or omissions made by the declarant or other person; and

"(B) ,File the appropriate documents with the Mayor associated with convertible and expandable land ( ~C & E land') to be added to the 8th Street Condominium.

"(2) ,Notwithstanding any provision of law to the contrary, the Office of Tax and Revenue shall not require pre-payment of real property taxes and the Office of the Surveyor shall accept the modified instruments, and the C & E land documents or instruments, if any, for filing.

"(b)(1) ,The modified instruments and any C & E land documents or instruments shall be exempt from any filing fees established by the Mayor for services rendered by the Office of the Surveyor or the Recorder of Deeds.

"(2) ,The exemptions granted by paragraph (1) of this subsection shall expire on October 1, 2014.

"(c)(1) ,On the date that any modified instrument or C & E land document or instrument is filed with the Mayor, the Office of Tax and Revenue, the Recorder of Deeds, or the Office of the Surveyor, the Office of Tax and Revenue is authorized to reassess or redistribute, in accordance with D.C. Official Code § 47-835, any real property tax related to the 8th Street Condominium that is levied, unpaid, due, or resulting from these documents or instruments as of the date that the document or instrument was filed.

"(2) ,Any document or instrument filed pursuant to this act shall apply prospectively only for assessment and taxation purposes, and any lot created, discontinued, modified, or adjusted based on such document or instrument shall be effective for assessment and taxation purposes as of the beginning of the half tax year immediately succeeding the date such document or instrument is filed.

"(d) ,Except as provided in subsection (e) of this section, any lien for unpaid real property taxes or any tax sale outstanding with respect to any lot constituting part of the 8th Street Condominium shall be unimpaired by any document or instrument filed pursuant to this act.

"(e) ,If a lot is discontinued as a result of a filing made pursuant to this act, any unpaid real property tax for any period preceding the effective date of discontinuance shall be forgiven."

Section 3 of D.C. Law 19-178 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.

Section 2 of D.C. Law 19-178, as amended by D.C. Law 20-61, § ,7008(a), provided:

"(a)(1) Notwithstanding any provision of law to the contrary, the principal officer of the 8th Street Plaza Condominium Association, Inc., ~8th Street Association') for the 8th Street Condominium, located in Square 5956W and Lots 26, 27, 817, 818, and 2001 through 2034 in Square 5956 ('8th Street Condominium') may:

"(A) Through a simple majority of a quorum of its Board of Directors, correct, amend, and restate its condominium instruments, including its bylaws, declaration, and plats and plans ('modified instruments'), to correct any errors or omissions made by the declarant or other person; and

"(B) File the appropriate documents with the Mayor associated with convertible and expandable land ( ~C & E land') to be added to the 8th Street Condominium.

"(2) Notwithstanding any provision of law to the contrary, the Office of Tax and Revenue shall not require pre-payment of real property taxes and the Office of the Surveyor shall accept the modified instruments, and the C & E land documents or instruments, if any, for filing.

"(b)(1) The modified instruments and any C & E land documents or instruments shall be exempt from any filing fees established by the Mayor for services rendered by the Office of the Surveyor or the Recorder of Deeds.

"(2) The exemptions granted by paragraph (1) of this subsection shall expire on October 1, 2014.

"(c)(1) On the date that any modified instrument or C & E land document or instrument is filed with the Mayor, the Office of Tax and Revenue, the Recorder of Deeds, or the Office of the Surveyor, the Office of Tax and Revenue is authorized to reassess or redistribute, in accordance with D.C. Official Code § 47-835, any real property tax related to the 8th Street Condominium that is levied, unpaid, due, or resulting from these documents or instruments as of the date that the document or instrument was filed.

"(2) Any document or instrument filed pursuant to this act shall apply prospectively only for assessment and taxation purposes, and any lot created, discontinued, modified, or adjusted based on such document or instrument shall be effective for assessment and taxation purposes as of the beginning of the half tax year immediately succeeding the date such document or instrument is filed.

"(d) Except as provided in subsection (e) of this section, any lien for unpaid real property taxes or any tax sale outstanding with respect to any lot constituting part of the 8th Street Condominium shall be unimpaired by any document or instrument filed pursuant to this act.

"(e) If a lot is discontinued as a result of a filing made pursuant to this act, any unpaid real property tax for any period preceding the effective date of discontinuance shall be forgiven."

Section 3 of D.C. Law 19-178 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.

Section 7008(b) of D.C. Law 20-61 repealed D.C. Law 19-178, § ,3.

Condominium or unit owners association defined, homestead housing preservation, see § 42-2103. .