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Article XI. Compliance and Default
Each Unit Owner shall be governed by, and shall comply with, all of the terms of the Condominium Instruments and the Rules and Regulations, and any amendments of the same. A default by a Unit owner shall entitle the Association acting through the Board of Directors, the Managing Agent, the property manager, or another appropriately designated Person, to the following relief:
A. Legal Proceedings
Failure to comply with any of the terms of the Condominium Instruments and the Rules and Regulations shall be grounds for relief which may include, without limiting the same, as action to recover any sums due for money damages, injunctive relief, foreclosure of the lien for payment of all Assessments, any other relief provided for in these Bylaws, or any combination thereof, and any other relief afforded by a court of competent jurisdiction, all of which relief may be sought by the Association, the Board of Directors, the Managing Agent, or another appropriately designated Person, or if appropriate by an aggrieved Unit Owner.
B. Additional Liability
Each Unit Owner shall be liable for the expenses of all maintenance, repair, or replacement rendered necessary by his/her act, neglect, or carelessness, or the act, neglect, or carelessness of any member of his/her family or his/her employees, agents, or licenses, but only to the extent that such expense is not covered by the proceeds of insurance carried by the Board of Directors. Such liability shall include any increase in insurance rates occasioned by use, misuse, occupancy, or abandonment of any Unit or its appurtenances. The liability of an Owner under this Section may be assessed by the Board of Directors as a lien against such Owner's Unit. Nothing contained herein, however, shall be construed as modifying ;any waiver by an insurance company of its rights of subrogation.
C. Costs and Attorney's Fees
In any proceeding arising out of any alleged default by a Unit Owner, the prevailing party shall be entitled to recover the costs of the proceeding, and such reasonable attorney's fees as may be determined by the court; and the Association has the right to collect such costs and fees by lien.
D. No Waiver of Rights
The failure of the Association, the Board of Directors, or Unit Owners to enforce any right, provision, covenant, or condition which may be granted by the Condominium Instruments or the Rules and Regulations shall not constitute a waiver of the right of the Association, the Board of Directors, or any Unit Owner to enforce any right, provision, covenant, or condition of the Condominion Instruments or the Rules and Regulations in the future. All rights, remedies, and privileges of grantor, the Association, the Board of Directors, or any Unit Owner pursuant to any term, provision, covenant, or condition of the Condominium Instruments or Rules and Regulations shall be deemed to be cumulative and the exercise of any one or more thereof shall not be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such privileges as may be granted to such party by the Condominium Instruments or the Rules and Regulations, or at law or in equity.
In the event of a default by any Unit Owner which continues for a period in excess of fifteen (15) days, such Unit Owner shall be obligated to pay interest on the amounts due, if any, from the due date thereof at a rate established by the Board of Directors, but not to exceed the highest rate allowed by law in the District of Columbia.
F. Abatement and Enjoinment of Violations by Unit Owners
The violation of any Rule or Regulation adopted by the Board of Directors, or the breach of any Bylaw contained herein, or the breach of any provision of the Condominium Instruments, (after due notice to the Unit Owner) that said violation or breach constitutes an immediate danger to the Condominium and Unit.
2. Lien for Contributions
Owners shall give the Board of Directors the right, in addition to any other rights set forth in these Bylaws: (i) to enter the Unit in which, or as to which, such violation or breach exists and summarily to abate and remove, at the expense of the defaulting Unit Owner, any structure, thing, or condition that may exist therein contrary to the intent and meaning of provisions hereof, and the Board of Directors shall not thereby the deemed guilty in any manner of trespass; provided, however, that before any items of construction can be altered or demolished, judicial proceedings must be instituted; or (ii) to enjoin, abate, or remedy by appropriate legal proceedings, either at law or in equity, the continuance of any such breach.
A. The total annual Assessment of each Unit Owner for the Common Expenses levied pursuant to these Bylaws is hereby declared to be a lien levied against the Unit of such Unit Owner within the purview of the Act, which lien shall be effective as of the time the Assessment becomes due any payable. If an Assessment is payable in installments, the full amount of the Assessments shall be a lien from the time the first installment becomes due and payable. Such lien shall also secure the Unit owners obligation to any interest, late payment charges, costs, fines, penalties, fees, or attorneys fees for which such Unit owner may be obligated because of a default in the payment or performance of his/her obligations under the Condominium Instruments. The Board of Directors, Managing Agent, may file or record such other or further notice of lien, or such other or further document as may be required by the then laws of the District of Columbia to confirm the establishment of such lien.
B. In any case where an Assessment against a Unit Owner is payable in installments, upon a default by such Unit Owner in the payment of any single installment, which continue for ten (10) days after written notice of such default has been sent to the Unit Owner, the maturity of the remaining total of the unpaid installments of such Assessments may be accelerated, at the option of the Board of Directors, and the then balance owing may be declared due and payable in full, together with interest thereon, by the service of notice to such effect upon the defaulting Unit Owner by the Board of Directors or Managing Agent or property manager.
C. The lien for Assessments may be foreclosed in the manner provided by the laws of the District of Columbia by suit brought in the name of the Board of Directors, acting on behalf of the Association. during the pendency of such suit, the Unit Owner shall be required to pay a reasonable rental for the Unit for any period prior to sale pursuant to any judgement or order if any court having jurisdiction over such sale. The plaintiff in such proceedings shall have the right to the appointment of a receiver, if available under the then laws of the District of Columbia. In the event the net proceeds received on such a foreclosure (after deduction of all attorney's fees, advertising costs, brokerage commissions and other such costs and expenses incurred in connection therewith) shall be insufficient to satisfy the defaulting Unit Owner's obligations to the Association, then such Unit owner shall remain personally liable for the deficit.
D.The lien for Assessments shall be prior to all other liens and encumbrances except: (i) liens and encumbrances recorded prior to the Recordation of the Declaration; (ii) liens of any first mortgage or deed of trust on such Unit recorded before the date on which the Assessment sought to be enforced became delinquent; provided, however that the lien for Assessments shall be prior to such mortgage or deed of trust liens which are recorded after March 7, 1991, to the extent of the Common Expense Assessments based on the periodic budget adopted by the Unit Owners' Association which would have become due in the absence of acceleration during the six (6) months immediately preceding institution of an action to enforce the lien; and (iii) liens for real estate taxes and municipal assessments or charges against the Unit.
E. Suit to recover a money judgement for unpaid Assessments and other charges shall be maintainable without foreclosing or waiving the lien securing the same, and foreclosure shall be maintainable notwithstanding the pendency of any suit to recover a money judgement.