At long last, the Council has unanimously voted to approve proposed amendments to D.C.’s condo law. The law, originally known as The Condominium Act of 1976, has now been amended to incorporate many important changes of which Associations and Boards should be made aware. The Mayor signed the bill into law on May 1, 2014. Some of the laws highlights are below:
• Executive boards can require unit owners to purchase home owner’s insurance.
• A unit owner in “good standing” is officially defined by law as one who is not delinquent for more than 30 days on any payment due the Association or otherwise in violation of the condominium instruments.
• All executive board meetings must be open to unit owners who are in good standing and such unit owners can request notice of any executive board meeting stating the time and place of the meeting. Executive boards may, however, convene an “executive session” to consider matters that the board, in good faith, determines require confidentiality.
• Executive boards may authorize unit owners to submit votes or proxies via electronic transmission.
• Associations have the power to restrict leasing and the power to assign the Association’s right to future income, including the right to receive common expense assessments.
• A unit owner may be liable for any deductible paid by the Association, up to $5,000.00, if that owner is responsible for any damage to a common area that resulted in the Association having to file a claim against its policy.
If you are a Board member or unit owner and would like legal advice on how the changes to the law will affect you and your community, please contact me at (202) 507-6313 or drop me a line at yford@new.fordlawpros.com. My office will provide an affordable in-depth review of your condominium instruments against D.C.’s condo law, as amended.
