District of Columbia guide
District of Columbia condo document review
District of Columbia condo document review is governed by the D.C. Condominium Act of 1976 (D.C.
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Official Code Title 42, Chapter 19). On a resale, the seller must furnish the condominium instruments plus a resale certificate (§42-1904.11) and a binding statement of unpaid assessments (§42-1903.13(h)). That package is broad, but the District's distinctive risks live inside it: an unpaid-assessment problem here is not just a balance owed, it is super-lien exposure that can threaten the first mortgage. The discipline in D.C. is to read the certificate against the building's age, the master insurance policy, and the delinquency picture — and to verify your cancellation window against the current statute rather than assume a fixed period.
What the resale certificate must disclose (§42-1904.11)
The resale certificate must include the binding statement of unpaid assessments, any approved-but-unbudgeted capital expenditures, the status and amount of reserves (and any portion earmarked to a specific project), the most recent financial statement and current operating budget, any pending suits or judgments, the insurance coverage provided to owners, a statement that prior alterations comply with the instruments, the remaining term of any leasehold, and the issuance date. The association must furnish it on written request within the statutory period. Confirm every item is present — a missing item is a defect that can affect your rights.
The unpaid-assessment statement is the super-lien tool
The §42-1903.13(h) statement of unpaid assessments is binding on the association, and it is the single most important document for managing D.C.'s super-lien risk. Six months of unpaid assessments are a super-priority lien ahead of the first mortgage (§42-1903.13), and an association's foreclosure on that slice can extinguish the mortgage entirely. Confirm the unit is current, and read the building's overall delinquency from the financials — widespread delinquency is a systemic super-lien and financial-health signal.
Reserves and capital expenditures: disclosed, not guaranteed
D.C. requires reserve status to be disclosed but sets no funding floor, so read the reserve amount and any earmarking against the building's age and the approved-capital-expenditure disclosure. An approved capital project not yet in the operating budget (§42-1904.11(a)(2)) is an early warning of a coming special assessment. In prewar and mid-century buildings, pair this with whatever engineering or condition reports exist — there is no inspection mandate to force them.
Verify cancellation timing and the legal structure
The Condominium Act provides buyer cancellation rights tied to receiving the documents and certificate, but treat the exact window conservatively: confirm it against the current statute and your contract, and act immediately once documents arrive. Confirm too that you are actually buying a condominium — cooperatives (shares plus a proprietary lease) and non-condo HOAs (recorded covenants plus the Nonprofit Corporation Act) fall outside the Condominium Act and its resale-certificate protections.
District of Columbia legal references
- D.C. Code §42-1904.11 — Resale of a unit / resale certificate
- D.C. Code §42-1903.13 — Lien for assessments and super-priority
- D.C. Code §42-1903.10 — Insurance requirements
Informational only. Not legal advice. Always confirm against current statute and counsel.
Need help applying these District of Columbia statutes to your specific situation? We can connect you with state-licensed counsel and specialists familiar with this exact regulatory environment.
Find a District of Columbia specialist →Reviewer's checklist
- Confirm the seller furnished the condominium instruments and full resale certificate (§42-1904.11)
- Confirm the binding §42-1903.13(h) statement of unpaid assessments is present
- Verify the subject unit is current on assessments (super-lien exposure)
- Read the financials for building-wide delinquency
- Read the disclosed reserve status and any earmarked portion (§42-1904.11(a)(3))
- Check for approved-but-unbudgeted capital expenditures (§42-1904.11(a)(2))
- Review the insurance summary against the §42-1903.10 90%-replacement-cost floor
- Read the pending-litigation statement and the operating budget
- Request engineering or condition reports for an older building (no inspection mandate)
- Verify the cancellation window against the current statute and act immediately once documents arrive
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Related risk areas
Read these next to round out your due diligence
Reserve studies
A reserve study tells you what the association expects to spend on long-term capital repairs and replacements, and whether it is funding those obligations adequately.
Insurance risk
The association's master insurance policy determines what your personal HO-6 policy needs to cover — and what it does not.
Governance risk
An association's governance health is a leading indicator of every other risk.
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Upload condo or HOA documents for a free risk review. We read reserve studies, budgets, meeting minutes, insurance summaries, and assessment exposure — every finding linked to the exact page.
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We can connect you with vetted real estate lawyers, mortgage brokers, and insurance brokers familiar with the specifics of condo and HOA transactions.
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