§ 42-2024 — Actions relating to common elements; service of process; removal of lien on proportionate share of common areas following judgment against other unit owners.

(a) Without limiting the right of any co-owner, actions may be brought on behalf of 2 or more of the unit owners, as their respective interests may appear, by the manager, or board of directors, or of administration with respect to any cause of action relating to the common elements or more than 1 unit.

(b) Service of process on 2 or more unit owners in any action relating to the common elements may be made on the person designated in the bylaws in conformity with § 42-2014(a)(7) .

(c) In the event of entry of a final judgment as a lien against 2 or more unit owners, the unit owners of the separate units may remove their unit and their percentage interest in the common elements from the lien thereof by payment of the fractional proportional amounts attributable to each of the units affected. Said individual payment shall be computed by reference to the percentage established pursuant to § 42-2006 . After such partial payment, partial discharge, or release or other satisfaction, the unit and its percentage interest in the common elements shall thereafter be free and clear of the lien of such judgment.

(d) Such partial payment, satisfaction, or discharge shall not prevent such a judgment creditor from proceeding to enforce his rights against any unit and its percentage interest in the common elements not so paid, satisfied, or discharged.

Legislative History

Dec. 21, 1963, 77 Stat. 459, Pub. L. 88-218, § 24; Aug. 21, 1964, 78 Stat. 586, Pub. L. 88-475, § 1(e)