DC HOA laws play an important role in how associations operate in the district. That said, far too many board members are unaware of the laws that apply to their communities. These laws shape how associations operate, what the board can do, and what owners must follow.
What are the DC HOA Laws?
Homeowners and condo associations are legal entities with powers, duties, and rules. These communities don’t exist without a legal framework. In the District of Columbia, this legal framework comes in the form of DC HOA laws.
These laws tell communities how to form, how to manage records, and even how to terminate their corporation. They also touch on dues, disclosures, governance, and even liens. DC HOA laws might look technical on paper, but they provide a valuable structure that keeps things going smoothly.
It is essential to understand what these laws are and how they apply to associations. For board members, understanding means staying away from potential liability. For owners, it means learning how to protect their rights.
District of Columbia Condominium Act
The Condominium Act, found in D.C. Code, Title 42, Chapter 19, sets out how condos come into existence and how they must operate once they do. Developers must record declarations, set boundaries, and follow specific steps before units are sold.
After the creation of a condominium, the Act spells out what the association can do. These include collecting dues, maintaining common elements, and enforcing rules. It also gives owners rights, such as the right to inspect records, use shared spaces, and have a voice in governance.
The Condominium Act cuts both ways. Board members gain authority from these statutes, while owners get protections. This maintains a vital balance.
Horizontal Property Act of the District of Columbia
The Horizontal Property Act, found in D.C. Code, Title 42, Chapter 20, predates the Condominium Act. It’s older, simpler, and mostly applies to condos that were formed before the newer law came along.
It divides property into private units and shared common areas. Owners hold a title to their unit but also a piece of the common property. The details aren’t as fleshed out as the Condominium Act, but the law still matters because older condos in D.C. are still tied to it.
Nonprofit Corporation Act of 2010
Most HOAs and condos in D.C. are organized as nonprofit corporations. This puts them under the District of Columbia Nonprofit Corporation Act of 2010, found in Title 29, Chapter 4.
This law explains how nonprofits form, how boards are elected, and how meetings will run. It sets requirements for recordkeeping, voting, and director duties. When an association’s bylaws stay silent, this Act often fills the gap.
Boards might not think of themselves as running a corporation, but they are. If they ignore the Act, they risk stepping outside their legal authority without even realizing it.
Residential Real Property Seller Disclosures
Sellers in D.C. must disclose known defects before handing off a property. This requirement comes from the Residential Real Property Seller Disclosure Act, found in Title 42, Chapter 13.
Leaks, faulty wiring, and infestations — sellers must reveal all of them. For condo or HOA properties, this might also mean telling buyers about monthly fees, assessments, or even pending lawsuits.
Buyers need this information. Without it, they can’t make a clear decision about whether or not the community is a good fit for them. Sellers who don’t disclose properly could be held liable later on.
Other Governing Authorities
State laws matter, but they’re not the whole picture. DC HOA laws work side by side with an association’s governing documents.
The governing documents are a set of binding and enforceable documents that dictate how associations operate. Both board members and owners must follow them. They also tend to be more specific than state law, with the latter often deferring to the former to fill in the details that statutes don’t cover.
Here are the governing documents to know.
Declaration of Covenants, Conditions, and Restrictions (CC&Rs)
The CC&Rs set the foundation for the entire association. They explain what owners can and can’t do, what the association is responsible for, and what authority the board has. They often deal with restrictions on property use, like exterior changes, parking, or landscaping. When an owner violates the CC&Rs, certain penalties may follow.
Bylaws
Bylaws cover the board’s internal workings. They decide how directors are elected, how meetings happen, and what duties each officer has. They also define quorum requirements and voting procedures. Without bylaws, an association can’t function, and meetings might not even be valid.
Articles of Incorporation
The articles bring the HOA or condo into legal existence. Filed with the District, they create the corporate body that can own property, sign contracts, or face lawsuits. Without articles, the association has no official standing, which means no authority to operate as an entity.
Operating Rules and Resolutions
Boards can also adopt operating rules or pass resolutions. These tend to focus on daily issues such as parking, pets, or noise. They’re easier to update than CC&Rs or bylaws, but they still carry weight, and owners must comply with them.
Rules often spell out the details that CC&Rs only mention in broad terms. This makes them equally important in day-to-day governance, but any conflict between the rules and the CC&Rs will have the latter taking precedence.
Powers and Duties of Condominiums
Looking at the HOA laws in DC, one section stands out. Section 42–1903.08 of the Condominium Act spells out the powers condo associations hold.
According to this section, condo associations can:
- Collect dues and assessments,
- Maintain and repair common areas,
- Hire vendors, staff, or contractors,
- Enter into contracts or borrow money,
- Adopt and amend rules,
- File lawsuits or defend the association in court, and
- Regulate how shared spaces are used.
In addition to these powers, condo boards also have certain duties to fulfill. Boards must keep proper records, act in good faith, and serve the best interests of the association. If they fail to do so, owners can take legal action.
The law might give the board authority, but that doesn’t mean the board can act freely and without consequence. Board members must remain accountable, and DC HOA laws make sure of that.
Hiring Legal Help
Navigating the ins and outs of DC HOA laws can come as a challenge, especially to fledgling or self-managed boards. The consequences of noncompliance can be great, which makes hiring professionals for legal assistance that much more important.
TNWLC offers legal guidance to community associations in Washington, DC. Call us today at (202) 483-8282 or contact us online to get started!
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