Press Release: At-Large Councilmember Anita Bonds Begins 2020 with Legislation Addressing Mold Remediation and Alleviating Condo Warranty Issues

News Release — At-large DC Council member Anita Bonds

Tuesday, January 07, 2019

Contact: Emmanuel Brantley

Washington, D.C. – Today, At-Large Councilmember Anita Bonds, Chairperson of the Committee on Housing and Neighborhood Revitalization, introduced two bills that will make the executive boards in common-interest communities (i.e., condominiums, cooperatives, and homeownership associations) responsible for mold remediation in common areas and make it easier for condominium owners to draw warranty funds for developer defects in newly-constructed or renovated buildings.

The first bill, entitled the “Common-interest Community Air Quality Amendment Act of 2020”, makes the common-interest community’s executive board responsible for remediating mold problems within shared spaces. Under current law, owners and members of common-interest community homes are required to individually manage the removal of mold from within their homes but have no clarity around who is responsible for the removal of mold in common areas such as laundry rooms and hallways. If passed into law, this bill would give these homeowners the same rights as renters regarding mold in common areas by requiring the residential board of such communities to be responsible for mold remediation in the common areas. This bill would also give the association member or owner the right to take legal action for negligence by the board and provides financial assistance from the Indoor Mold Assessment and Remediation Fund to low-income owners. 

The second bill, entitled the “Condominium Warranty Amendment Act of 2020”, clarifies how the condominium warranties provided to repair structural defects in newly constructed or renovated condominiums will work better in the future. When a condominium is newly built or renovated, current law requires that the developer set aside 10% of the cost in a warranty fund to address structural defects within the first two years. This bill fixes administrative and technical issues, making it easier for condominium owners to claim and use the warranty money for repairs due to defects left by the developer. The bill also transfers the administration of this warranty bond from the Department of Housing and Community Development (DHCD), which lacks the infrastructure to administer the warranty and returns responsibility to the Department of Consumer and Regulatory Affairs (DCRA).

“These bills place greater emphasis on residential cooperation and provide financial support and protection to the homeowners in common-interest communities who need it most,” said Councilmember Bonds. “Their introduction is significant because it shows that you are not on your own once you have decided to become a homeowner, particularly in a common-interest community,” she continued.

Tomorrow, the Council of the District of Columbia will commence its annual performance oversight. During this time, government officials, advocates, and private residents will come before the Council to discuss how our city’s programs are impacting residents and determine the best paths forward. To see the full performance oversight schedule, visit https://tinyurl.com/DCOversight2020.

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