District of Columbia § 42-1623 Amendment by association of owners.

District of Columbia Statutes

§ 42-1623 — Amendment by association of owners.

District of Columbia·Title 42 Real Property.·Ch. 16A Uniform Unlawful Restrictions in Land Records.

(a)The governing body of an association of owners identified in a governing instrument may, without a vote of the members of the association, amend the governing instrument to remove an unlawful restriction.

(b)A member of an association of owners may request, in a record that sufficiently identifies an unlawful restriction in the governing instrument, that the governing body exercise its authority under subsection (a) of this section. Not later than 90 days after the governing body receives the request, the governing body shall determine reasonably and in good faith whether the governing instrument includes the unlawful restriction. If the governing body determines the governing instrument includes the unlawful restriction, the governing body not later than 90 days after the determinat

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(a) The governing body of an association of owners identified in a governing instrument may, without a vote of the members of the association, amend the governing instrument to remove an unlawful restriction.

(b) A member of an association of owners may request, in a record that sufficiently identifies an unlawful restriction in the governing instrument, that the governing body exercise its authority under subsection (a) of this section. Not later than 90 days after the governing body receives the request, the governing body shall determine reasonably and in good faith whether the governing instrument includes the unlawful restriction. If the governing body determines the governing instrument includes the unlawful restriction, the governing body not later than 90 days after the determination shall amend the governing instrument to remove the unlawful restriction.

(c) Notwithstanding any provision of the governing instrument or other law of the District, the governing body may execute an amendment under this section.

(d) Notwithstanding any provision of the governing instrument or other law of the District that requires a vote of the members of the association of owners to amend the governing instrument, an amendment executed under this section shall be effective.

District of Columbia § 42-1623 (Amendment by association of owners.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.