Page:United States Statutes at Large Volume 77.djvu/481

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[77 STAT. 449]
[77 STAT. 449]
PUBLIC LAW 88-000—MMMM. DD, 1963

77 S T A T. ]

PUBLIC LAW 88-218-DEC. 21, 1963


Public Law 88-218 AN ACT

December 21, 1963

To provide for the creation of horizontal property regimes in the District of Columbia.

[H. R. 4276]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act, Horizontal propi n c l u d i n g the following t a b l e of contents, may b e cited a s the D^^t^tct ° / ^ " H o r i z o n t a l Property Act of the District of C o l u m b i a ". lumbia'l ° "" TABLE OF CONTENTS Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. See.

1. 2. 3. 4, 5. 6.

Short title. Definitions. Horizontal property regimes. Status of condominium units within a horizontal property regime. Joint tenancies, tenancies in common, tenancies by the entirety. Ownership of condominium units, of common elements; declaration; voting; individual unit deed^. 7. Indivisibility of common elements; limitation upon partition. 8. Use of elements held in common, right to repair common elements. 9. Condominium subdivision. 10. Reference to plat. 11. Termination and waiver of regime. 12. Merger no bar to reconstitution. 13. Bylaws, availability for examination. 14. Necessary contents of bylaws; modification of system. 15. Books of receipts and expenditures; availability for examination. 16. Common profits, contributions for payment of common expenses of administration and maintenance. 17. Priority of liens. 18. Joint and several liability of purchaser and seller for amounts owing under section 16; purchaser's recovery, purchaser's or lender's right to a statement setting forth amount due. 19. Supplementary method of enforcement of lien. 20. Insuring building against risks; individual rights of co-owners. 21. Application of insurance proceeds to reconstruction; pro rata distribution in certain cases; rules governing. 22. Sharing of reconstruction cost where building is not insured or insurance indemnity is insufficient. 23. Separate taxation. 24. Actions; right to separate release of judgment. 25. Mechanics' and materialmen's liens, enforcement thereof; removal from lien; effect of part payment. 26. Nonapplication of rule against perpetuities and of rule against unreasonable restraints on alienation to horizontal property regimes. 27. Supplement of existing code provisions. 28. Regulations of the Board of Commissioners and the zoning commission. 29. Interpretation. 30. Supplemental provisions relating to sewer and water services. 31. Authority of Board of Commissioners under Reorganization Plan Numbered 5 of 1952. 32. Severability. 33. Effective date.

SEC. 2. DEFINITIONS.—Unless it is plainly evident from the context that a different meaning is intended, as used herein— (a) " U n i t " or "condominium unit" means an enclosed space, consisting of one or more rooms, occupying all or part of a floor in buildings of one or more floors or stories regardless of whether it be designed for residence, for office, for the operation of any industry or business, or for any other type of independent use, and shall include such accessory units as may be appended thereto, such as garage space, storage space, balcony, terrace or p a t i o: Provided, That said unit has a direct exit to a thoroughfare or to a given common space leading to a thoroughfare. (b) "Condominium" means the ownership of single units in a multiunit structure with common elements. 93-025 0-64-31