Code of the District of Columbia

§ 42–1902.09. Compliance with condominium chapter and instruments.

(a) Any lack of compliance with this chapter or with any lawful provision of the condominium instruments shall be grounds for an action or suit to recover damages or injunctive relief, or for any other available remedy maintainable by the unit owners’ association, the unit owners’ association’s executive board, any managing agent on behalf of the unit owners’ association, an aggrieved person on his or her own behalf, or, in an otherwise proper case, as a class action.

(b) The decisions and actions of the unit owners’ association and its executive board shall be reviewable by a court using the “business judgment” standard. A unit owners’ association shall have standing to sue in its own name for a claim or action related to the common elements. Unless otherwise provided in the condominium instruments, the substantially prevailing party in an action brought by a unit owners’ association against a unit owner or by a unit owner against the unit owners’ association shall be entitled to recover reasonable attorneys’ fees and costs expended in the matter.

(Mar. 29, 1977, D.C. Law 1-89, title II, § 209, 23 DCR 9532b; Mar. 8, 1991, D.C. Law 8-233, § 2(m), 38 DCR 261; June 21, 2014, D.C. Law 20-109, § 2(c), 61 DCR 4304.)

Prior Codifications

1981 Ed., § 45-1819.

1973 Ed., § 5-1219.

Section References

This section is referenced in § 42-1903.13.

Effect of Amendments

The 2014 amendment by D.C. Law 20-109 added (b).

Cross References

Liens for unit assessments, enforcement and foreclosure sales, see § 42-1903.13.