District of Columbia • Special assessment notice
Special assessment on your DC condo — and why delinquency is so dangerous here
Washington DC pairs ordinary special-assessment rules with an extraordinary lien: an unpaid six-month assessment slice, foreclosed, can wipe out a first mortgage entirely. That makes delinquency — yours or a neighbor's — the thing to watch.
The short answer
DC's assessment rules are set by your bylaws (no statutory cap), but DC has the nation's most aggressive super-lien: foreclosing just six months of assessments can EXTINGUISH the first mortgage (Chase Plaza). DC mandates no reserves, so assessments fill the gap. CondoSignal reads your notice against the DC Condominium Act. Free.District of Columbia at a glance
Owner vote
Per bylaws
No statutory cap.
Super-lien
Extinguishes mortgage
6-month slice (Chase Plaza).
Reserves required
No
Zero funding is legal.
Resale cancel
3 days
Late certificate extinguishes the lien.
Assessments by bylaw, no cap
DC's Condominium Act sets special-assessment approval through your condominium instruments and bylaws, not a uniform statute, and there's no statutory cap. Approved-but-unbudgeted capital expenditures must be disclosed in the resale certificate (§ 42-1904.11) — and if the association fails to furnish that certificate within 10 business days, its lien against the unit is extinguished, a strong buyer protection.
The mortgage-extinguishing super-lien
Under § 42-1903.13 and Chase Plaza v. JPMorgan (D.C. 2014, reaffirmed 2018 and 2024), foreclosing the six-month super-priority slice of unpaid assessments can extinguish the first mortgage entirely — among the most severe regimes in the country. So owner and building delinquency aren't just a financial-health signal here; they carry real foreclosure consequences.
No reserve mandate
DC permits but doesn't require reserves — zero funding is legal — so aging high-rises often rely on special assessments for major work. The resale certificate must disclose the reserve status and any planned capital expenditures, so reading it (and the minutes) tells you whether an assessment is forming.
Your rights in District of Columbia
DC owners get a resale certificate disclosing planned capital expenditures and reserves with a 3-day cancellation right — and the association's lien is extinguished if it doesn't deliver the certificate within 10 business days (§ 42-1904.11). None of this is legal advice — confirm against the DC Condominium Act and DC counsel.
What to check
- Read the bylaws for the special-assessment approval rule.
- Check unit and building delinquency (the super-lien can wipe out a mortgage).
- Pull the resale certificate for planned capital expenditures and reserves.
- Confirm the certificate was furnished within 10 business days.
- For an aging high-rise, ask whether any reserve study exists.
- Read the minutes for a forming assessment.
Sources
- D.C. Code § 42-1903.13 — assessment lien; priority(High)
- Chase Plaza Condo Ass'n v. JPMorgan Chase (D.C. 2014)(High)
- D.C. Code § 42-1904.11 — resale certificate(High)
Educational only — not legal, financial, or engineering advice. Confirm against the current statute and, where it matters, a District of Columbia-licensed professional.
FAQ
Frequently asked questions
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