§ 42-2011 — Termination and waiver of regime; certification upon plat; judicial termination; ownership after termination; condominium restrictions not applicable after termination or partition.

District of Columbia § 42-2011

• Jurisdiction: District of Columbia
• Title 42: Real Property.
• Ch. 20: Horizontal Property Regimes.
• Subch. I: General.

Text

(a) All the co-owners or the sole owner of a project constituted into a horizontal property regime may terminate and waive this regime and regroup or merge the individual and several condominium units with the principal property; such termination and waiver shall be by certification to such effect upon the plat of condominium subdivision establishing the particular horizontal property regime under the hands and seals of the said sole owner or co-owners, in the presence of 2 credible witnesses, upon the same plat or upon a paper or parchment attached thereto; provided, that the said individual condominium units are unencumbered, or if encumbered, that the creditors in whose behalf the encumbrances are recorded agree to accept as security the undivided interest in the property of the debtor co-owner and said creditors or trustees under duly recorded deeds of trust, shall signify their assent to such termination and waiver upon the aforesaid plat, paper, or parchment; provided further, that should the buildings or other improvements in a condominium project be more than two-thirds destroyed by fire or other disaster, the co-owners of three-fourths of the condominium project may waive and terminate the horizontal property regime and may certify to such termination and waiver; provided further, that if within 90 days of the date of such damage or destruction: (1) the council of co-owners does not determine to repair, reconstruct or rebuild as provided in §§ 42-2021 and 42-2022 or; (2) the insurance indemnity is delivered pro rata to the co-owners in conformity with the provisions of § 42-2021 and if the co-owners do not terminate and waive the regime in conformity with this section, then any unit owner or any other person aggrieved thereby may file a petition in the Superior Court of the District of Columbia, setting forth under oath such facts as may be necessary to entitle the petitioner to the relief prayed and praying judicial termination of the horizontal property regime. Said petition may be served on the person designated in the bylaws in conformity with § 42-2014(a)(7) . The court may thereupon lay a rule upon the council of co-owners, unless they shall voluntarily appear and admit the allegations of the petition, to show cause, under oath, on or before the 10th day, exclusive of Sundays and legal holidays, after service of such rule, why the prayers of said petition should not be granted. If no cause be shown against the prayer of the petition by the council of co-owners, or by any one of the co-owners, the court may determine in a summary way whether the facts warrant termination and thereupon the court may decree the particular horizontal property regime terminated.

(b) In the event a horizontal property regime is terminated or waived, the property shall be deemed to be owned in common by the co-owners, and the undivided interest in the property owned in common which shall appertain to each co-owner shall be the percentage of undivided interest previously owned by such co-owner in the common elements in the property as set forth in the declaration under § 42-2006 .

(c) Upon such termination and waiver the provisions of § 42-2010 shall no longer be applicable and reference to the principal project thereupon shall be to the plat and record of the prior land subdivision and thereupon the restraint against partition or division of the co-ownership imposed by § 42-2007 shall no longer apply. In the event of such partition suit the net proceeds shall be divided among all the unit owners, in proportion to their respective undivided ownership of the common elements, after first paying off, out of the respective shares of the unit owners, all liens on the unit of each unit owner. To be valid such termination shall be recorded among the land records of the District of Columbia.

Legislative History

Dec. 21, 1963, 77 Stat. 453, Pub. L. 88-218, § 11; Aug. 21, 1964, 78 Stat. 586, Pub. L. 88-475, § 1(d); July 29, 1970, 84 Stat. 571, Pub. L. 91-358, title I, § 155(c)(20); May 22, 1975, D.C. Law 1-3, § 2(2), 21 DCR 3945