Construction Defects In New Condominiums: Developer’s 2-Year Warranty For Structural Defects Cannot Be Disclaimed By “As Is” Language

By Catherine Park, Esq. Condominium developers must file a warranty bond or letter of credit or cash with the D.C. Government to cover potential structural defects in newly-constructed condominium units for a period of two years from the date of first sale.  This warranty, required by D.C. Code § 42-1903.16, cannot be disclaimed by “sold… Continue reading Construction Defects In New Condominiums: Developer’s 2-Year Warranty For Structural Defects Cannot Be Disclaimed By “As Is” Language

Duty To Disclose “Non-Discoverable” Defects Before Selling Your Condo

By Catherine Park, Esq. There is a duty to disclose “non-discoverable” defects in an old condo unit.  If you’re planning to sell real estate with defects that you know about (such as recurring water damage), it is unlawful to fix the defects just for the purpose of sale and fail to disclose the recurring damage to… Continue reading Duty To Disclose “Non-Discoverable” Defects Before Selling Your Condo

Move-In and Move-Out Fees: Are They Lawful?

By Catherine Park, Esq. The Condominium Association generally has broad authority to regulate the internal affairs of the condominium, but such power is not without limit.  Move-in and move-out fees are assessments against individual unit owners, and, as such, are over and above the assessments paid by unit owners each month according to their pro… Continue reading Move-In and Move-Out Fees: Are They Lawful?

“Owner Occupied” Condo Communities: Unreasonable Restrictive Covenants?

By Catherine Park, Esq. A condominium’s governing documents frequently prevent condo purchasers from renting their units to residential tenants for a period of one year or so after the initial sale of a new unit.  Beyond the typical one-year period, rules and regulations of the Condominium Association may attempt to require owners who want to lease… Continue reading “Owner Occupied” Condo Communities: Unreasonable Restrictive Covenants?