As I noted last year, the Council for the District of Columbia revised the DC Condominium Act substantially in a few important ways.
This legislative season, the Council has considered three bills that, if passed, would impact condominiums and other common ownership communities within the District.
The first bill relevant to common ownership communities is the Solar Expansion for Cooperative Associations Act. The provisions of this legislation are intended to prevent housing associations from prohibiting members from installing or using a solar energy collection device on the member’s residential unit, or on the roof of a property or residential unit that only covers one member’s property or unit. The bill does allow community associations to prohibit the installation of a solar energy collection device on the common elements, other than a roof that only covers one owner’s residential unit, and it does permit associations to establish reasonable guidelines, other than aesthetic guidelines, that govern the installation or use of a solar energy collection device. This bill has made it through a final reading and is likely to become law later in 2018. It represents a compromise and balancing between the rights of communities to establish rules over common areas and the rights of individual owners to utilize the ever-more-popular solar energy options.
Second, the Council recently passed via final vote the Pools without Penalties Act, which is now awaiting approval by the Mayor. This Act will do several things, including:
- establish standards governing the presence of lifeguards at semi-public swimming pools,
- exempt an operator of a semi-public swimming pool from the requirement to provide showers, toilets, or dressing rooms, where use of the pool is restricted to use by residents and guests and the pool is located within 300 feet of a dwelling unit, and
- exempt cooperatives, condominiums, and apartment buildings operating semi-public swimming pools from certain requirements.
Specifically under this Act, a cooperative, condominium, or apartment building operating a Class C, semi-public swimming pool shall not be required to provide:
- A swimming pool operator pursuant to Municipal Regulation 25-C DCMR § 300.1;
- Water quality and safety logs pursuant to Municipal Regulation 25-C DCMR § 412;
- New construction of, or alterations to, a swimming pool beyond those required by the Americans with Disabilities Act;
- A fence around a rooftop swimming pool;
- A safety line pursuant to Municipal Regulation 25-C DCMR § 505.4; or
- A facility license pursuant to Municipal Regulation 25-C DCMR § 700.1.
Prior to this legislation, the byzantine code requirements of operating any semi-public pool were binding on condominiums and cooperatives, and they acted as punishment for even having a pool. Obviously this Act is a common sense reaction by the Council to the many regulations that were binding upon community pools and acting as “penalties” to well-meaning communities. By reducing these requirements, the Council has made it easier and less costly for communities to offer this much sought-after amenity.
Third and finally, the Office of Administrative Hearings Jurisdiction Expansion Amendment of 2018 gave the Office of Administrative Hearings jurisdiction over certain matters involving condominiums, specifically:
- The rejection of condominium registration applications and public offering statements pursuant to DC Code § 42-1904.06(c)
- Temporary cease and desist orders from unlawful practices pursuant to DC Code § 42-1904.14
- The revocation of condominium registration pursuant to DC Code § 42-1904.15; and
- Structural defect warranty claims pursuant to DC Code § 42-1903.16
This bill has also passed final vote in the Council and is awaiting approval by the Mayor. If approved, it would streamline and accelerate the disputes covered by these sections, allowing parties to these disputes to potentially avoid more costly and time-consuming litigation.
In addition to these three significant pieces of legislation, the DC Council continues to consider the possibility of property manager licensing. A pending statute would impose new licensing requirements on common interest community managers. As presently drafted, the new statute would require individual licensure, and would task the Real Estate Commission with regulating the licensing, setting the training and examination requirements, and other oversight. We will continue to monitor this as it develops.
Please do not hesitate to contact our office if you have any questions about pending or current legislation in the District of Columbia that may impact your community.