Page:United States Statutes at Large Volume 77.djvu/483

 77 S T A T. ]

PUBLIC LAW 88-218-DEC. 21, 1963

(n) "Common expenses" means and includes— (1) all sums lawfully assessed against the unit owners by the council of co-owners; (2) expenses of administration, maintenance, repair, or replacement of the common areas and facilities, including repair and replacement funds as may be established; (3) expenses agreed upon as common expenses by the council of co-owners; (4) expenses declared common expenses by the provisions of this Act or by the bylaws. (o) "Common profits" means the balance of all income, rents, profits, and revenues from the common areas and facilities remaining after deduction of the common expenses. (p) All words used herein include the masculine, feminine, and neuter genders and include the singular or plural numbers, as the case may be. SEC. 3. HORIZONTAL PROPERTY REGIMES.—"Whenever the owners or the co-owners of any square or lot shall subdivide the same into a condominium project in conformity with section 9 of this Act with a plat of condominium subdivision there shall be established a horizontal property regime. SEC. 4. STATUS or (CONDOMINIUM T^NITS W I T H I N A HORIZONTAL PROPERTY REGIME.—Once the property is subdivided into the hori-

zontal property regime, a condominium unit in the building may be individually conveyed, leased, and encumbered and may be inherited or devised by will, as if it were sole and entirely independent of the other condominium units in the building of which it forms a part; the said separate units shall have the same incidents as real property and the corresponding individual titles and interests therein shall be recordable. SEC. 5. JOINT TENANCIES, TENANCIES I N COMMON, TENANCIES BY

THE ENTIRETY.—Any condominium unit may be held and owned by more than one 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 property tenancy relationship i*ecognized under the laws of the District of Columbia. SEC. 6. OWNERSHIP OF CONDOMINIUM U N I T S, OF COMMON E L E MENTS; DECLARATION; VOTING; iNDivmuAL L'NIT DEEDS.—(a) A

condominium unit owner shall have the exclusive fee simple ownership of his unit and shall have a common right to a share, with the other co-owners, of an undivided fee simple interest in the common elements of the property, equivalent to the percentage representing the value of the unit to the value of the whole property. (b) Said percentage interest shall not be separated from the unit to which it appertains. (c) The individual percentages shall be established at the time the horizontal property regime is constituted by the recording among the land records of the District of Columbia, of a declaration setting forth said percentages, shall have a permanent character, and shall not be changed without the acquiescence of the co-ownei^s representing all the condominium units in the building, which said change shall be evidenced by an appropriate amendatory declaration to such effect recorded among the land records of the District of Columbia. Said share interest shall be set forth of record, in the initial individual condominium unit deeds. Said share interests in the common elements shall, nevertheless, be subject to mutual rights of ingress, egress, and regress of use and enjoyment of the other coowners and a right of entry to officers, agents, and employees of the Government of the United States and the government of the District of Columbia acting in the performance of their official duties.

451

�