{"data":{"id":"us-dc/d.c.-code-42-1903.08","jurisdiction":"us-dc","citation":"D.C. Code § 42-1903.08","heading":"Unit owners’ associations; powers and rights; deemed attorney-in-fact to grant and accept beneficial easements.","body":"(a)\nExcept to the extent expressly prohibited by the condominium instruments, and subject to any restrictions and limitations specified herein, the unit owners’ association shall have the:\n(1)\nPower to adopt and amend bylaws or rules and regulations;\n(2)\nPower to adopt and amend a budget for revenues, expenditures, and reserves, and collect assessments for common expenses from unit owners;\n(3)\nPower to hire or discharge a managing agent or other employees, agents, or independent contractors;\n(4)\nPower to institute, defend, or intervene in litigation or administrative proceedings in the name of the unit owners’ association on behalf of the unit owners’ association or 2 or more unit owners on any matter that affects the condominium;\n(5)\nPower to make a contract or incur liability;\n(6)\nPower to regulate the use, maintenance, repair, replacement, or modification of common elements;\n(7)\nPower to cause an additional improvement to be made as a part of the common elements;\n(8)\nPower to acquire, hold, encumber, or convey in the name of the unit owners’ association any right, title, or interest to real or personal property;\n(9)\nPower to grant an easement, lease, license, or concession through or over the common elements;\n(10)\nPower to impose on and receive from individual unit owners any payment, fee, or charge for the use, rental, or operation of the common elements or for any service provided to unit owners;\n(11)\nPower to impose a charge for late payment of an assessment and, after notice and an opportunity to be heard, levy a reasonable fine for violation of the condominium instruments or rules and regulations of the unit owners’ association;\n(12)\nPower to impose a reasonable charge for the preparation and recordation of an amendment to the condominium instruments, a statement concerning the resale of units required by § 42-1904.11, or a statement of an unpaid assessment;\n(13)\nPower to provide for the indemnification of officers or the executive board of the unit owners’ association and maintain liability insurance for directors or officers;\n(14)\nPower to assign the unit owners’ association’s right to further income, including the right to future income or the right to receive common expense assessments to the extent necessary for the reasonable performance of the unit owners’ associations’ duties and responsibilities, unless expressly prohibited in the condominium instruments;\n(14A)\nPower to reasonably restrict the leasing of residential units; provided, that any restriction described under this paragraph shall not apply to a unit that is leased at the time of any action taken to restrict the leasing of residential units until the unit is subsequently occupied by the owner or ownership transfers;\n(15)\nPower to exercise any other power conferred by the condominium instruments;\n(16)\nPower to exercise any other power that may be exercised in the District of Columbia by a legal entity of the same type as the unit owners’ association; and\n(17)\nPower to exercise any other power necessary and proper for the governance or operation of the unit owners’ association.\n\n(b)\nExcept to the extent prohibited by the condominium instruments, and subject to any restrictions and limitations specified therein, the executive board of the unit owners’ association, if any, and if not, then the unit owners’ association itself, shall have the irrevocable power as attorney-in-fact on behalf of all the unit owners and their successors in title to grant easements through the common elements and accept easements benefiting the condominium or any part thereof.\n\n(c)\nThe condominium instruments may not impose any limitation on the power of the unit owners’ association to deal with the declarant that is more restrictive than the limitation imposed on the power of the unit owners’ association to deal with any other person.\n\n(d)\nIn the performance of duties, an officer or member of the executive board shall exercise the care required of a fiduciary of the unit owners.","path":["Title 42. Real Property.","Chapter 19. Condominiums.","Subchapter III. Control and Governance of Condominiums."],"source_url":"https://code.dccouncil.gov/us/dc/council/code/sections/42-1903.08","current_through":"2026-08-20 (D.C. Law 26-175)","vintage":"","retrieved_at":"2026-08-29T05:44:07Z","sha256":"7051be0bace924917480dbb27b3bacf275b015538fc1324cf320200055ed7600","source_id":"us-dc","stale":false,"prev":"us-dc/d.c.-code-42-1903.07","next":"us-dc/d.c.-code-42-1903.08a"},"notice":"GroundRules: Original legal text. Not legal advice."}