Section 42-1901.02. Definitions.
For the purposes of this chapter:
(31) "Unit owner" shall mean a declarant or any
person who owns a condominium unit. In the case of a leasehold condominium,
"unit owner" shall mean a declarant or person whose leasehold
interest in the condominium extends for the entire balance of the unexpired
term. The term "unit owner" shall not include a person who has an
interest in a condominium unit solely as a security for a debt.
(32) "Unit owner in good standing," unless
otherwise defined in the condominium instruments, shall mean a unit owner who
is not delinquent for more than 30 days in the payment of any amount owed to
the unit owners' association, or a unit owner who has not been found by the
unit owners' association or its executive board to be in violation of the
condominium instruments or the rules of the unit owners' association.
Section 42-1901.03. Ownership of individual units
Each condominium unit shall constitute for all purposes a
separate parcel of real estate, distinct from all other condominium units. Any
condominium unit may be owned by more than 1 person as joint tenants, as
tenants in common, as tenants by the entirety (in the case of husband and
wife), or in any other real estate tenancy relationship recognized under the
laws of the District of Columbia.
Section 42-1903.03. Meetings; electronic notice.
(b)( 1) Except as otherwise provided in the condominium
instruments, all meetings of the unit owners' association, committees of the
unit owners' association, and the executive board shall be open for observation
to all unit owners in good standing. Minutes shall be recorded and shall be
available for examination and copying by unit owners in good standing. This
right of examination may be exercised:
(A) Only during reasonable business hours or at a
mutually convenient time and location; and requested.
(5)(A) The executive board, upon a motion and an
affirmative vote in an open meeting to assemble in executive session, may
convene in executive session to consider:
(vi) Matters involving individual unit owners or members. . .
(vii) On an individually recorded affirmative vote of two-thirds of the board members present, for some other exceptional reason so compelling as to override the general public policy in favor of open meetings
(a) If the condominium instruments provide that any
officer or officers must be unit owners, then any such officer who disposes of
all of his units in fee or for a term or terms of 6 months or more shall be
deemed to have disqualified himself from continuing in office unless the
condominium instruments otherwise provide, or unless he acquires or contracts
to acquire another unit in the condominium under terms giving him a right of
occupancy thereto effective on or before the termination of his right of
occupancy under such disposition or dispositions.
(b) If the condominium instruments provide that any
officer or officers must be unit owners, then notwithstanding the provisions of
Section 42-1902.06(1), the term "unit owner" in such context shall,
unless the condominium instruments otherwise provide, be deemed to include,
without limitation, any director, officer, partner in, or trustee of any
person, which is, either alone or in conjunction with another person or
persons, a unit owner. Any officer who would not be eligible to serve as such
were he not a director, officer, partner in, or trustee of such a person, shall
be deemed to have disqualified himself from continuing in office if he ceases
to have any such affiliation with that person, or if that person would itself
have been deemed to have disqualified itself from continuing in such office
under subsection (a) of this section were it a natural person holding such
office.
(b) Subject to the provisions of subsection (c) of this
section, books and records kept by or on behalf of the unit owners'
association, including the unit owners' association membership list, mailing
addresses of unit owners, and financial records, including aggregate salary
information of the unit owners' association employees, shall be available in
the District of Columbia and within 50 miles of the District of Columbia, for
examination and copying by a unit owner in good standing or such unit owner's
authorized agent so long as the request is for a proper purpose related to the
unit owner's membership in the unit owners' association, and not for pecuniary
gain, commercial solicitation, or other purpose unrelated to the unit owner's
membership in the unit owners' association. This right of examination may be
exercised only during reasonable hours on business days. The books shall be
subject to an independent audit upon the request of owners of units to which 33
1/3 % of the votes in the unit owners' association pertain or a lower
percentage as may be specified.
(c)(l) Books and records kept by or on behalf of a unit
owners' association may be withheld from examination or copying by unit owners
and their agents to the extent that they are drafts not yet incorporated into
the unit owners' association's books and records or if the books and records
concern:
(A) Personnel matters relating
to specific, identified persons who work for the unit owners' association,
including a person's medical records;
(B) Contracts, leases, and other
commercial transactions to purchase or provide goods or services, currently in
or under negotiation;
(C) Pending or anticipated
litigation;
(D) Matters involving state or
local administrative or other formal proceedings before a government tribunal
for enforcement of the condominium instruments or rules and regulations
promulgated by the executive board;
(E) Communications with legal counsel;
(F) Disclosure of information in
violation of law;
(G) Minutes or other records of an
executive session of the executive board;
(H) Documentation, correspondence,
management, or reports compiled for or on behalf of the unit owners'
association or the executive board by its agents or committees for consideration
by the executive board in executive session; or
(I) Individual unit owner or member
files, other than those of the requesting unit owner, including any individual
unit owner's files kept by or on behalf of the unit owners' association.
