District of Columbia PR 24-1096: Condominium Warranty Claims Clarification Emergency Declaration Resolution of 2022

Bill Text

ENROLLED ORIGINAL

1

A RESOLUTION

24-710

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

December 6, 2022

To amend, on an emergency basis, the Condominium Act of 1976 to clarify standards and
procedures governing the resolution of a claim filed upon a condominium developer’s
warranty against structural defects.

RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
resolution may be cited as “Condominium Warranty Claims Clarification Emergency Declaration
Resolution of 2022”.

Sec. 2. (a) This emergency measure provides authority for the Department of Housing
and Community Development’s Rental and Conversion and Sale Division (“CASD”) to be able to
review condominium warranty claims. The CASD has temporarily halted review of condominium
structural defect warranty claims as previous emergency and temporary legislation that allowed
them to do so has expired. To date, there are currently 12 pending warranty claims awaiting a
determination by CASD.
(b) A permanent bill, the Condominium Warranty Clarification Amendment Act of 2022,
enacted December 8, 2022 (D.C. Act 24-689; __ DCR __), is pending congressional review and is
expected to become effective in early 2023.
(c) Emergency legislation is necessary to prevent a gap in the law and for CASD to be
able to issue legally sufficient determinations to warranty claims.

Sec. 3. The Council of the District of Columbia determines that the circumstances in
section 2 constitute emergency circumstances, making in necessary that the Condominium
Warranty Claims Clarification Emergency Declaration Resolution of 2022 be adopted on an
emergency basis.

Sec. 4. The resolution shall take effect immediately.