DC Condominium Act: Everything you need to know

What is the DC Condominium Act?

The DC Condominium Act is a set of laws that governs the creation, operation, and management of condominium associations in Washington, D.C. It outlines the legal framework that developers, boards, and unit owners must follow to maintain compliance and support long-term community success.

Originally enacted in 1976, the DC Condominium Act provides clarity on ownership rights, board responsibilities, budget processes, disclosure obligations, and rules related to the common elements of a property. Whether you're serving on a board or managing a community, understanding the DC Condominium Act is essential to making informed decisions and avoiding procedural issues.

This article is not intended to and does not constitute legal advice or create an attorney-client relationship. Board members should consult their association’s attorney to discuss the legal implications of their decisions or actions prior to proceeding.
 

Key provisions of the DC Condominium Act

Several critical areas are addressed within the DC Condominium Act:

• Declaration and plat requirements: The Act spells out what’s required to form a condominium, including a formal declaration, bylaws, and a recorded site plan (or plat).
   
• Board structure and responsibilities: It explains how board members are elected, what powers the board holds, and how decisions must be made and documented.
   
• Common elements and maintenance: The Act defines how shared spaces should be maintained and clarifies which responsibilities belong to the board versus unit owners.
   
• Financial disclosures and budgets: There are clear requirements for annual budgets and financial management to help associations stay healthy.
   
• Amendments and rule changes: Boards and owners must follow specific steps to update rules, bylaws, or the declaration itself.
   
• Rights of unit owners: The Act outlines owners’ rights to access records, attend meetings, and participate in governance.

By following the structure outlined in the DC Condominium Act, boards can operate with more confidence and fewer surprises.
 

Who is subject to the DC Condominium Act?

The DC Condominium Act applies to most condominium associations established in Washington, D.C. after March 28, 1977. Older condominiums may still be governed by the DC Horizontal Property Act, unless they’ve amended their governing documents to fall under the DC Condominium Act. If you’re not sure which statute applies to your community, reviewing your declaration or consulting legal counsel can help clarify.

While the Act primarily applies to boards and developers, it also outlines important rights for unit owners, like access to records and voting procedures. Condo managers and third-party vendors must comply with the Act when acting on the association’s behalf.
 

Board authority and limits under the DC Condominium Act

The DC Condominium Act grants boards the authority to manage and maintain common elements, enforce rules, and make decisions on behalf of the association, but that authority has limits. For example, while boards can adopt rules and regulations, those rules must be consistent with the recorded declaration and bylaws. Major policy changes, like changes to voting rights, typically require a vote of the membership.

The act also spells out procedures for holding board meetings, notifying owners, and documenting decisions. In most cases, owners must receive at least seven days’ notice of board meetings. When board members follow the proper procedures outlined in the DC Condominium Act and act within the scope of their responsibilities, they’re generally protected by indemnification provisions in the association’s governing documents. This is an important safeguard that may help reduce personal liability.
 

Rights of unit owners under the DC Condominium Act

Unit owners in a condominium governed by the DC Condominium Act have several important rights.

These include:

• The right to vote in board elections and on proposed amendments to governing documents
   
• The right to access financial documents, including budgets, audit reports, and meeting minutes
   
• The right to receive notice of meetings and proposed changes to rules or assessments
   
• The right to use common elements as defined in the declaration

Dispute resolution and enforcement in DC condos

Under the DC Condominium Act, most disputes begin with written notice from the board or management company. Owners generally have a right to a hearing before the board assesses any penalties or fines. The Act allows for enforcement through fines, legal action, or in some cases, suspension of privileges. These enforcement tools should always align with your governing documents and follow the due process steps outlined in the Act.

To help prevent issues from escalating, many associations use mediation, informal negotiation, or third-party support from their condo management company. When expectations are documented clearly and records are kept organized, boards are better positioned to resolve conflicts efficiently and keep the focus on the community’s long-term priorities.
 

Other DC HOA and condo laws to know

In addition to the DC Condominium Act, associations in Washington, D.C. may need to comply with several related statutes, depending on how the community is structured.

Boards should also be familiar with:

• DC Nonprofit Corporation Act of 2010: Sets default standards for governance, including director duties, board operations, and indemnification protections. Because many community associations are structured as nonprofit corporations, this law may apply.
   
• DC Human Rights Act: Prohibits discrimination based on race, age, disability, family status, and other protected classes. This works alongside the federal Fair Housing Act.
   
• Building and housing codes: Govern areas like property maintenance, renovation standards, and safety inspections.

Each of these laws may intersect with the DC Condominium Act in different ways. Board members should always consult qualified legal counsel for specific questions about laws that may apply to their community.
 

The DC Horizontal Property Act vs. the DC Condo Act

The DC Horizontal Property Act predates the DC Condominium Act and applies to condominiums whose instruments were recorded before March 29, 1977. Older condos may continue operating under their original regime unless they amend their documents to adopt the newer statute. Condos formed under the older Act may face unique procedural requirements when it comes to budgeting, maintenance, and governance, so boards should confirm which statute governs their community before amending documents or assessing fees.
 

How a property management company can help

At FirstService Residential, we work alongside boards across the D.C. metro area to help simplify compliance with the DC Condominium Act. From budgeting and reserve planning to governance support and document management, our property management experts are here to handle the details so your board can focus on leading the community.

Contact us today to learn how we can support your community and lighten the load for your board.