Bill Summary – FastDemocracy

ENROLLED ORIGINAL

                                           AN ACT

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                   IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

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To amend the Condominium Act of 1976 to prohibit condominium instruments from interfering

      with the operation of child development Facilities.

       BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this

act may be cited as the “Banning Associations from Banning Youth Amendment Act of 2023”.

        Sec. 2. The Condominium Act of 1976, effective March 29, 1977 (D.C. Law 1-89; D.C.

Official Code § 42-1901.01 et seq.), is amended as follows:

        (a) Section 102 (D.C. Official Code § 42-1901.02) is amended as follows:

                (1) Paragraph (1) is redesignated as paragraph (1A).

                (2) A new paragraph (1) is added to read as follows:

                “(1) “Child development facility” shall have the same meaning as provided in

section 2(3) of the Child Development Facilities Regulation Act of 1998, effective April 13,

1999 (D.C. Law 12-215; D.C. Official Code § 7-2031(3)).”.

        (b) A new section 106a is added to read as follows:

        “Section 106a. Child development facilities.

        “(a)(1) No condominium instrument that is entered into, amended, or recorded after the

effective date of the Banning Associations from Banning Youth Amendment Act of 2023, passed

on 2nd reading September 19, 2023 (Enrolled version of bill 25-045), may prohibit the operation

of a child development facility licensed pursuant to the Child Development Facilities Regulation

Act of 1998, effective April 13, 1999 (D.C. Law 12-215; D.C. Official Code § 7-2031 et seq.).

                “(2) Except as provided in paragraph (b)(4) of this section, no condominium

instrument prohibiting the operation of businesses generally shall be interpreted to prohibit the

operation of a child development facility.

        “(b)(1) Nothing in this section is intended to supersede any provision of condominium

instruments concerning architectural control, parking, landscaping, noise, or other matters not

specific to the operation of a child development facility.

                “(2) An association may require the owner or operator of a proposed child

development facility to bear the costs of any building retrofits necessary to comply with

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additional building code or residential code requirements that would apply solely as a result of

the operation of a child development facility.

                 “(3) If a unit in which a child development facility operates uses utilities that are

jointly metered with one or more other units, then nothing in this section shall preclude the

association from adopting bylaws or other instruments that require the owner or operator of the

child development facility to contribute a share of utility payments reasonably calculated to

cover increased utility usage associated with the operation of the child development facility.

                 “(4) Nothing in this section shall be interpreted to prohibit an association from

prohibiting the conversion of a residential unit into a purely commercial unit.

         “(c)(1) An association may require the owner or operator of a child development facility

to carry liability insurance to cover all matters related to the operation of the child development

facility, including coverage for personal injury, death, damage to personal property, and damage

to real property that occurs in or on the common elements, in the unit where the child

development facility is located, or in any other unit, subject to paragraph (2) of this subsection.

                 “(2) The amounts of any insurance coverage that an association requires a child

development facility to carry pursuant to paragraph (1) of this subsection must be reasonable

under prevailing business standards in the District and must not exceed $500,000 for commercial

general liability, sexual abuse and molestation liability, umbrella coverage and, if applicable,

vehicle liability; except, that the Office of the State Superintendent of Education may establish

greater or lesser maximum amounts by rule. Nothing in this paragraph shall be interpreted to

prevent a child development facility from obtaining coverage at higher amounts than the Office

of the State Superintendent or an association deems necessary.

                 “(3) The association shall be named as an additional insured party on the liability

insurance required of the child development facility, and such insurance must be primary to any

other insurance the association is required to carry under the terms of the condominium

instruments.”.

       Sec. 3. Fiscal impact statement.

       The Council adopts the fiscal impact statement in the committee report as the fiscal

impact statement required by section 4a of the General Legislative Procedures Act of 1975,

approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).

       Sec. 4. Effective date.

       This act shall take effect following approval by the Mayor (or in the event of veto by the

Mayor, action by the Council to override the veto), a 30-day period of congressional review as

provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December

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24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of

Columbia Register.

               ______________________________

               Chairman

               Council of the District of Columbia

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Mayor

District of Columbia

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