The Washington DC Condo Guide Part V
What you need to know before you buy: Condo Q&A | Part V Of A Five Part Series
🧰 In the final part of my five-part series on Washington DC condos, I answer common questions from buyers.
This article was originally published as part of my 🛠️Tools series at realestateinthedistrict.com. It’s been updated and expanded here on my Substack, DC Real Estate Channel.
You can find links for the full series archive at the bottom of each post.
Part V: Condominium Q&A
What Are CC&Rs, And What’s Included In Them?
Condominium associations operate according to three types of governing documents:
Covenants, Conditions and Restrictions
Rules & Regulations
Bylaws
CC&RS (covenants, conditions, and restrictions) are the package of governing instruments for condominium communities. They stipulate condo owner responsibilities and regulate the use, appearance and maintenance of units and common areas. CC&Rs also define responsibilities and procedures of the condominium board in relation to owners, including rule enforcement and resolution protocols, and insurance requirements, among other aspects of condominium governance.
Bylaws are instruments that dictate matters primarily pertaining to the Board itself, such as election procedures, the various board positions and their associated responsibilities, as well as rules for board governance in general.
Rules and Regulations are concerned with more detailed matters relating to property use, such as smoking prohibition or restrictions, when and how common areas such as fitness centers, pools, atheletic courts, grilling stations, roofdecks and party rooms can be utilized, and pet restrictions. 'Rules and Regulations' is the most often-amended set of condominium instruments.
Who Regulates Condos In DC?
District of Columbia condominiums are regulated by the DC Condominium Act of 1976.
The Act was amended to include an Owner's Bill of Rights with enactment of D.C. Law 21-241. Condominium Owner Bill of Rights and Responsibilities Amendment Act of 2016.
The Condominium Act of 1976 Technical and Clarifying Amendment Act of 1992 (D.C. Law 9-82) regulates the formation, governance, registration and the sale of condominium units; D.C. Official Code § 42-1901-01 et. seq. (2001), as amended.
The Rental Housing Conversion and Sale Act of 1980, as amended (D.C. Law 3-86) regulates conversion of property into a condominium or cooperative, relocation assistance, the tenant organization registration, the registration of rental residential property offered for sale and tenant opportunity to purchase rights. D.C. Official Code § 42-3401.01 et. seq. (2001), as amended District of Columbia Municipal Regulations, title 14, chapter 47
DHCD Department of Housing & Community Development, is responsible for:
Affordable Dwelling Units
Condo and Co-op Conversion and Sales
Housing Provider Ombudsman
Housing Counseling
Housing Resource Center
Inclusionary Zoning
Rent Control
The U.S. Department of Housing and Urban Development is responsible for enforcing the federal Fair Housing Act, which prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, because of race, color, religion, sex, familial status, national origin, and disability.
The DC Office of Human Rights enforces the District of Columbia Human Rights Act of 1977 (as amended), which outlaws discrimination based on 23 protected traits for people that live, visit or work in the District of Columbia.
Can I Install A Washer & Dryer In My Unit?
The short answer is "maybe."
Your condominium's rules and regulations should include a section on installation of in-unit washers and dryers.
Buyers searching for properties with the potential for addition of these appliances can filter listings with building amenities that include 'community laundry,' This notation might indicate that the building is not set up for individual installs.
Older DC condo buildings may not have made the plumbing and electrical improvements necessary to facilitate the use of in-unit washers and dryers.
If the building has a community laundry, but the listed unit includes 'in-unit washer/dryer,' check with the management company to confirm that such an upgrade is 'legal' according to the condominium rules, and that proper steps, such as board and/or architectural review, were followed and the install was formally approved.
If plumbing was altered or added for such an improvement, a permit is required. Check with the Department of Building and/or DC Scout records to confirm that a permit was obtained and the work inspected.
Violations for un-approved washers and dryers, as well as permit violations, can result in the appliances' removal and repair to any components not approved or meeting code. These violations transfer to purchasers, so it's important to conduct your due diligence.
Are DC Condoa A Good Investment?
It depends on the project quality and scope, it's location and proximity to amenities DC residents consider vital, such as Metro access, groceries, and restaurants. Neighborhood reputation and conditions play a large part in value, as do:
Market conditions
Unit size and floor level
Floor plan and unit attributes
Building amenities, including concierge and package room
Monthly condo dues
Parking
Storage
Views
Elevators
Builder reputation
Management quality
Condominiums are often the first property type to drop in value when the market declines, and the last to recover, so it's important to choose a project and unit that have as many positive attributes as possible.
Will You Review My Condo Docs For Me?
No. Your own due diligence is required. Only you can decide if you’re comfortable with the terms of the association documents. Real estate agents are not permitted to interpret legal language or assess financials. We can not perform as CPAs or attorneys unless we are separately licensed for this purpose. Please solicit the assistance of theese professionals if the need arises.
Can I Sue A Condominium Association Or Board?
This is a legal question, and we are not attorneys. Here are some paraphrased responses from online experts & authorities:
Board members have certain fiduciary duties to uphold, which include the duty of care. Failure to uphold these duties can result in homeowners suing condo associations for negligence.
Embezzlement of corporate funds, fraud and self-dealing can deplete association assets and harm owners. In this circumstance, unit owners may want to sue the offending Board member(s). Such a lawsuit is called a derivative action.
DC law does provides some immunity to board members to encourage volunteerism, but it is not absolute and can be overcome if the board member's actions qualify as malicious, fraudulent, grossly negligent or violate governing rules or laws. Examples of this might be:
Breach of Contract: The association or board has violated the condominium's governing documents
Negligence: The association failed to maintain common areas or adequately address safety concerns, and the failure led to harm
Mismanagement of Funds: The association misused or misappropriated funds collected through dues
Discrimination: Engagement in discriminatory practices that violates Fair Housing laws
Selective Rule Enforcement: The association enforces rules inconsistently or unfairly (unequal treatment)
Failure to Comply with the Condominium Act: The DC Condominium Act outlines specific rights and responsibilities of both the association and unit owners, and violations of these provisions can lead to legal action
Condo board members use the Business Judgement Rule to protect themselves from liability. According to the law, the board of directors is immune from personal liability when it can be proven that their actions or decisions were reasonable and made in good faith.
Typically, the Business Judgement Rule decides in favor of the Board. Board seats are volunteer positions. Few or no community members would agree to provide unpaid service to the board if they could be held legally liable for unpopular decisions. A judge may dimiss the case if the board member(s) are perceived to have acted within the scope of their authority, not fraudulently or unconscionably, even if the decision-making in question was likely poor. To prevail, a unit owner must establish that the condo board member(s) failed to uphold their fiduciary duty to act in the best interest of the association.
Sources:
DC Code § 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.)
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.
📬 Want personal guidance or have questions about multifamily home types in the District? Reply here or schedule a consult. I’ll help you decode it all!
🧠 Series Archive
The Washington DC Condominium Guide
An in-depth series for Washington DC buyers navigating condo purchases.
📚 Parts 1 - 5
👉 Part 1: Condo Basics
What is a condominium? How does condo ownership work? Why buy a DC condo?
👉 Part 2: What Does The Monthly Fee Cover?
Does the monthly association fee seem high? What does it cover, exactly? What’s a Capital Contribution? Breaking down the monthly cost of condominium ownership.
👉 Part 3: Financing a DC Condo
Learn about condo financing options, what conditions make financing difficult or impossible and Zuzu’s little contract clause that protects buyers’ earnest money deposits if a building is unwarrantable.
👉 Part 4: Condo Resale Certificate Packages
What are ‘condo docs’? Learn what should be included, what to review and the importance of buyer due diligence. DC’s right-of-rescission explained, the DC Condo Act outlined + legislative updates and links.
👉 Part 5: Condo Q&A
Answers to common questions about purchasing a Washington DC condominium.
🧰 This post is part of a multi-part series originally published as a long-form article in the Tools section of my website, realestateinthedistrict.com.
Each post is being updated for this Substack channel, and optimized for clarity and readability.
The original long-form Tools pages will remain on my website for reference purposes until July 23, 2025.
Disclaimer:
We are not attorneys, legal experts or CPAs. The information presented on this channel is derived from reliable sources, but should not be considered legal, financial or investment advice. Susan Isaacs and Compass, their principals and/or representatives, do not guarantee or warrant its accuracy, completeness, or applicability to any specific transaction. Homebuyers should read applicable D.C. law and code themselves as part of their due diligence, and seek help from licensed, qualified professionals for interpretation and application to their specific transaction.