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Washington, DC HOA Rules: CC&R Enforcement (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Enforcement mechanism
Private civil lawsuit, not city citation
Who can sue
Association, executive board, or aggrieved owner
Court review standard
Business judgment standard for board decisions
Prevailing party
Recovers attorneys' fees and costs
Governing section
D.C. Code § 42-1902.09

Summary

The District of Columbia enforces condominium declarations and bylaws through private civil lawsuits, not municipal code enforcement: associations and owners sue in court for damages or injunctions.

Any lack of compliance with this chapter or with any lawful provision of the condominium instruments shall be grounds for an action or suit to recover damages or injunctive relief, or for any other available remedy maintainable by the unit owners' association, the unit owners' association's executive board, any managing agent on behalf of the unit owners' association, an aggrieved person on his or her own behalf, or, in an otherwise proper case, as a class action.

View official code

Full Breakdown

D.C. Code § 42-1902.09(a) makes any violation of the condominium chapter or the condominium instruments, the declaration and bylaws that function as a District condo's CC&Rs, grounds for a lawsuit by the unit owners' association, its executive board, a managing agent, or an aggrieved owner. Courts review association and board decisions under the deferential 'business judgment' standard, and under subsection (b) the substantially prevailing party in an association-versus-owner suit recovers reasonable attorneys' fees and costs. The District government itself has no direct role: there is no municipal agency that cites owners for covenant violations, only civil court.

Violations & Fines

No fines from the District: remedies come only through civil suit for damages, injunctive relief, or other court-ordered relief, plus attorneys' fees for the prevailing party.

Frequently Asked Questions

Does the District of Columbia government enforce condo or HOA covenants?
No. D.C. Code § 42-1902.09(a) leaves enforcement of condominium instruments to private civil lawsuits by the association, its board, or an owner: the District has no code-enforcement role over covenant violations.
Can an association recover legal fees for enforcing its declaration?
Yes. Under § 42-1902.09(b), the substantially prevailing party in an association-versus-owner enforcement suit recovers reasonable attorneys' fees and costs, unless the condominium instruments provide otherwise.

Sources & Official References

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All Washington rules

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