District of Columbia guide
District of Columbia condo and HOA litigation history
Litigation history is a material risk in a District of Columbia condo purchase, and the District has one litigation stream unlike anywhere else: super-lien mortgage-extinguishment disputes. The resale certificate must disclose any pending suits or judgments to which the association is a party (§42-1904.11(a)(5)), but material litigation often appears only in the minutes or financial statements.
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D.C.'s biggest categories are the super-lien title fights among associations, foreclosure-sale purchasers, and mortgage holders (the Chase Plaza / Liu / Wonder Twins line); structural-defect warranty claims on new and conversion buildings; and TOPA / conversion tenant-rights disputes. Read the certificate, the minutes, and a directly requested pending-litigation summary together.
Super-lien title litigation — the District's signature dispute
D.C.'s defining litigation stream involves whether an association's foreclosure on its six-month super-priority lien extinguished the first mortgage. Under Chase Plaza v. JPMorgan Chase (D.C. 2014), reaffirmed in Liu (2018) and Wonder Twins (D.C. 2024), foreclosure on the six-month slice can wipe out the deed of trust entirely. The Wonder Twins distinction matters: foreclosure on only the six-month slice extinguishes the mortgage and the buyer takes free and clear, while foreclosure on more than six months gives the association payment priority for the slice but the mortgage survives. The 2017 amendments require the foreclosure notice to state which it is. A unit whose title traces to an association foreclosure, or a building with active super-lien litigation, demands careful title and financing review.
Structural-defect warranty claims
For new and conversion condominiums, §42-1903.16 gives a two-year statutory warranty against structural defects running to the association (common elements) and unit owners, backed by a 10% warranty-security bond posted with the Mayor; DHCD publishes a claim procedure. This is the principal early-life construction-defect mechanism, so in a newer or recently converted building, ask whether any warranty claim is active or threatened and whether defects identified at transition were resolved. After the two years expire, owners and associations rely on common-law and contract theories — and conversion condos sold "as is" may have limited warranty protection.
TOPA, conversion, and other disputes
Conversion condominiums and co-op conversions generate tenant-rights litigation under the Rental Housing Conversion and Sale Act / TOPA (right to purchase, conversion certification, notice-to-vacate). Other recurring D.C. streams include assessment-collection and foreclosure actions under §42-1903.13, owner suits over records refusals (§42-1903.14) or closed meetings (§42-1903.03), and short-term-rental enforcement disputes (D.C. requires STR hosts to use a primary residence and have governing-document permission). Any of these can sit behind a building's risk profile, and active litigation can also affect financeability.
How litigation is disclosed — and what to request
The resale certificate discloses only pending suits or judgments to which the association is a party (§42-1904.11(a)(5)), so it can understate exposure — owner-versus-association covenant, fine, records, or STR disputes, and any super-lien title fight, may surface only in the minutes or financials. Request a full pending-litigation summary from the board or manager, read two to three years of minutes for litigation discussion, and ask specifically about any super-lien/foreclosure matter, structural-defect warranty claim, or TOPA conversion dispute. Treat it as both a risk question and a financing question, since active litigation can make a project non-warrantable.
District of Columbia legal references
- D.C. Code §42-1903.13 — Assessment lien and super-priority (Chase Plaza / Wonder Twins)
- D.C. Code §42-1903.16 — Warranty against structural defects (new/conversion)
- D.C. Code §42-1904.11 — Resale certificate (pending-suits disclosure)
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
- Read the §42-1904.11(a)(5) pending-suits disclosure in the resale certificate
- Request a full pending-litigation summary from the board or manager
- Read two to three years of minutes for litigation and claims discussion
- Ask specifically about any super-lien / foreclosure title dispute (Chase Plaza line)
- Check whether the unit's title traces to a prior association foreclosure
- For new/conversion buildings, ask about any §42-1903.16 structural-defect warranty claim
- Ask about any TOPA / conversion tenant-rights dispute
- Check for records, open-meeting, or short-term-rental enforcement disputes
- Confirm whether active litigation could make the project non-warrantable
- Read the financial statement for litigation reserves or contingencies
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Get My Free Risk Report →Source documents
- Declaration & bylawsthe rules
- Budget & financialsthe money
- Reserve studythe big repairs
- Meeting minuteswhat the board fears
Cross-reference
The risk lives in the contradiction between documents.
An assessment in the minutes but not the estoppel; a reserve the budget never funds.
Risk report
Severity-graded across 8 categories.
Every finding cites the document, page number, and quoted text.
How CondoSignal reviews this
We read the reserve study, operating budget, and 24 months of meeting minutes together — district of columbia condo and hoa litigation history risk usually lives in the contradiction between documents, not in any single one of them. Every finding cites the source document, the page number, and the quoted text behind it.
See our 8-category framework →Risk Intelligence
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Condo Resale Certificate Review
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Related reading
Guides for District of Columbia buyers and owners
Can a D.C. HOA Foreclosure Really Wipe Out Your Mortgage? The Super-Lien Explained
Washington, D.C. is a true super-priority lien jurisdiction where a condo association's foreclosure on six months of unpaid dues can extinguish the first mortgage entirely. Here is how it works and how to protect yourself before closing.
Should I Buy a Condo With HOA Litigation?
HOA litigation can affect financing, assessments, and disclosure — but not every case is a dealbreaker. See what to check, with a free document review.
Legal Pitfalls for Condo Boards: Procedural Failures to Identify and Fix
Improper fines, flawed assessment notices, reserve fund misuse, and conflicts of interest create legal exposure for boards and due-diligence signals for buyers. Identify the patterns and the remedies.
What to Look for in Condo Documents: A Buyer's Complete Guide
A resale package contains roughly a dozen documents. Learn what each one discloses, what most buyers overlook, and which sections to read closely before you close.
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Reviewed by Kirk Hasley, Founder. Every claim here is checked against current District of Columbia statute and primary sources, using the same documented review framework we run on every file. Last reviewed June 13, 2026.
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Risk Intelligence
Review the documents before your contingency ends
Most buyers get 7–14 days to review condo documents. Upload the packet — we read the reserve study, budget, minutes, and insurance summary and flag the risks, every finding linked to the exact page. Free.
Expert Matching
Need a real estate lawyer or mortgage specialist?
We can connect you with vetted real estate lawyers, mortgage brokers, and insurance brokers familiar with the specifics of condo and HOA transactions.
- HOA lawyer