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DC Condo & HOA News

  • Public Roads, Sidewalks Exempt From Skyrocketing Water Fees While Homeowners Have to Pay (DC) December 11, 2017 For months, the News4 I-Team has been investigating the fairness of Washington, D.C.’s skyrocketing Clean Rivers water fee, which charges customers based on the square footage of their property that’s likely to create stormwater runoff.  Now, a new group of homeowners has contacted the I-Team saying they are being charged unfairly, forced to pay tens of thousands of dollars because the roads and sidewalks in their neighborhoods are considered private. The customers are particularly irate because most of the District’s ...
  • Why your development could be in big trouble if your HOA documents aren’t set up properly December 11, 2017 Q: My husband inherited a private development that his father owned in West Virginia. How does one go about starting a homeowners association (HOA) for something like that? The lots were sold without any agreement about an HOA. All the extra costs like roads and sewer and snow removal have been covered privately, thus making this a nonprofitable venture.   Read the Q&A…………………
  • HOA’s lack of transparency raises red flags for home buyer September 11, 2017 Q: My wife and I made an offer on a property in a self-managed Virginia community of single-family homes. Our offer hinged, in part, on the sales agent’s assurance that maintenance of the community’s private roads was totally covered by current homeowner’s association annual dues of $1,000 per lot. However, we just received the HOA’s disclosure letter stating that the board is studying a road engineer’s report for possible dues increases and special assessments.    Read the Q&A………………….
  • Condo owners may need to take legal action against developer who refuses to sell new units August 7, 2017 We bought into a condo development five years ago. The condo documents said the declarant didn’t have to follow the condo rules or pay dues on his units until the last unit was sold.  We didn’t worry because the declarant control had expired and the developer was paying a reduced agreed amount each month for upkeep. We figured it would all shake out once all units were sold.     Read the article…………..
  • 11 people displaced after partial condo building collapse in DC July 29, 2017 Nearly a dozen people are without homes this weekend after D.C. Fire and EMS officials say heavy rains likely led a condo building’s basement to partially collapse.  Officials condemned five units in the Fairfax Village Condos in the 3800 block of V Street Southeast. About 3 a.m. Saturday, firefighters began getting calls about the partial collapse     Read the article………….

DC News Archives

DC Condo & HOA Articles

  • Resolving Condominium Construction Defect Claims in Wash. DC Newly constructed and newly converted condominiums in Washington DC (District of Columbia) often contain concealed or “latent” construction defects. Left undetected and unrepaired, defects in the construction of a condominium can cause extensive damage over time, requiring associations to assess their members substantial repair costs that could have been avoided by making timely developer warranty claims.  This article provides a general overview of how Washington DC condominium associations transitioning from developer control can proactively and successfully identify defects and resolve ...
  • Standing to Sue While Sitting on the Board Standing is a party’s right to make a legal claim in Court. When the judge comes out to sit on the bench, she will read the cases and the parties or their attorneys come forward as called. “Standing” is the right to seek a legal remedy as shown by the facts alleged. Judges ordinarily decide questions of standing without ruling on the merits of the case. That said, a party dismissed for lack of standing cannot win. Standing just means ...
  • The Condominium Warranty Against Structural Defects in D.C. The District of Columbia Condominium Act contains a statutory warranty that protects condominium associations and their unit owner members from structural defects in newly constructed and newly converted condominiums. The warranty is backed by a condominium developer’s bond, letter of credit, or other form of security from which monies can be drawn upon if the developer fails to make warranty repairs.  This article discusses how the warranty against structural defect works and how to make claims against the developer’s security ...
  • Fair Housing Claim Against Homeowner Association Director Allowed by District of Columbia Appeals Court The District of Columbia Court of Appeals has ruled that a board member of a homeowners association may be personally liable for violating the disability discrimination provisions of the fair housing laws by delaying action on a homeowner’s request for a reasonable accommodation in the enforcement of the association’s leasing restrictions.   Read the article……………
  • Headstrong HOA Board Member Puts Himself in Harm’s Way Over Fair Housing Issues In a recent case decided by the D.C. Court of Appeals, the court heard a matter involving the intersection between community association governance and fair housing law. In this case, Wilfred Welsh, a board member of the Chaplin Woods Homeowners Association (the “HOA”), sued fellow HOA members Beverly McNeil and Alvin Elliott (the “McNeils”), claiming that the McNeil’s violated the HOA’s bylaws by renting out their townhouse for use as a residence by a group of recovering alcoholics and substance ...

DC Article Archives

 

 

District of Columbia Laws

The two Acts are maintained byWestLaw
Division 7 (Property)
Title 42 (Real Property)
Subtitle 3 (Condominiums)
Select “Condominiums” or Horizontal Property Act”

PDF Versions:
D.C. Condominium Act 
D.C. Horizontal Property Act

 

DC Condominium & HOA Resources

Community Associations Institute – Washington Metropolitan Chapter

Rees Broome, P.C. has a Community Association Newsletter

Washington Metropolitan Chapter of CAI Quorum magazine(current issue and archives)

DC Condo Law blog