ENROLLED ORIGINAL
AN ACT
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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To amend, on a temporary basis, the Condominium Act of 1976 to authorize condominium unit
owners associations to conduct virtual meetings and to clarify voting and quorum
requirements for such meetings; to amend section 29-910 of the District of Columbia
Official Code to allow cooperatives to conduct remote meetings; to amend the
Sustainable Solid Waste Management Amendment Act of 2014 to permit the Mayor to
administer virtual compost training; to amend the Open Meetings Act to provide that, for
the period of time from March 11, 2020, until December 31, 2023, a meeting shall be
deemed open to the public if the public body takes steps reasonably calculated to allow
the public to view or hear the meeting while the meeting is taking place, or, if doing so is
not technologically feasible, as soon thereafter as reasonably practicable; and to set
standards for operators of third-party food platforms for the setting of commission fees
and compensation rates for delivery service drivers.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
act may be cited as the Post-Public Health Emergency Protections Extension Temporary
Amendment Act of 2022.
Sec. 2. Section 303 of the Condominium Act of 1976, effective March 29, 1977 (D.C.
Law 1-89; D.C. Official Code 42-1903.03), is amended by adding new a subsection (f) to read
as follows:
(f) Notwithstanding any language contained in this act or in the condominium
instruments:
(1) The executive board may authorize unit owners to submit votes by electronic
transmission up to 7 days before the scheduled date of any meeting of the unit owners, and unit
owners who submit votes during such period shall be deemed to be present and voting in person
at such meeting.
(2)(A) Meetings of the unit owners association, board of directors, or
committees may be conducted or attended by telephone conference, video conference, or similar
electronic means. If a meeting is conducted by telephone conference, video conference, or
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similar electronic means, the equipment or system used must permit any unit owner in
attendance to hear and be heard by, and to communicate what is said by, all other unit owners
participating in the meeting. Any unit owner, board member, or committee member attending
such meeting shall be deemed present for quorum purposes.
(B) A link or instructions on how to access an electronic meeting shall be
included in the notice required under subsection (a) of this section.
(C) Any matters requiring a vote of the unit owners association at an
annual or regular meeting may be set by the executive board for a vote, and a ballot may be
delivered with the notice required under subsection (a) of this section. The executive board may
set a reasonable deadline for a ballot to be returned to the association..
Sec. 3. Section 29-910 of the District of Columbia Official Code is amended by striking
the phrase If authorized by the articles or bylaws and inserting the phrase Regardless of
whether remote regular and special meetings of members are authorized by the articles or
bylaws in its place.
Sec. 4. Section 112a(f) of the Sustainable Solid Waste Management Amendment Act of
2014, effective February 26, 2015 (D.C. Law 20-154; D.C. Official Code 8-1031.12a(f)), is
amended by adding a new paragraph (1A) to read as follows:
(1A) Notwithstanding paragraph (1) of this subsection, the Mayor, or a
contractor selected by the Mayor, may provide the training required by paragraph (1) of this
subsection remotely through videoconference or pre-recorded training video..
Sec. 5. The Open Meetings Act, effective March 31, 2011 (D.C. Law 18-350; D.C.
Official Code 2-571 et seq.), is amended as follows:
(a) Section 405(a) (D.C. Official Code 2-575(a)) is amended as follows:
(1) Paragraph (2) is amended by striking the phrase ; or and inserting a
semicolon in its place.
(2) Paragraph (3) is amended by striking the period and inserting the phrase ; or
in its place.
(3) A new paragraph (4) is added to read as follows:
(4) During the period from March 11, 2020, until December 31, 2023, the public
body takes steps reasonably calculated to allow the public to view or hear the meeting while the
meeting is taking place, or, if doing so is not technologically feasible, as soon thereafter as
reasonably practicable..
(b) Section 406 (D.C. Official Code 2-576) is amended by adding a new paragraph (6)
to read as follows:
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(6) The public posting requirements of paragraph (2)(A) of this section shall not
apply during the period from March 11, 2020, through December 31, 2023..
(c) Section 407(a)(1) (D.C. Official Code 2-577(a)(1)) is amended by striking the
phrase attend the meeting; and inserting the phrase attend the meeting, or in the case of a
meeting held during the period from March 11, 2020, until December 31, 2023, steps are taken
that are reasonably calculated to allow the public to view or hear the meeting while the meeting
is taking place, or, if doing so is not technologically feasible, as soon thereafter as reasonably
practicable; in its place.
Sec. 6. Third-party food delivery platforms.
(a) A person, corporation, partnership, or association operating a third-party food delivery
platform within the District shall register with the Department.
(b) Notwithstanding any provision of District law, it shall be unlawful for a person to
cause a third-party food delivery platform to charge a restaurant:
(1) A commission fee for use of the platforms services for delivery that totals
more than 15% of the purchase price per online order; or
(2) A commission fee for use of the platforms services that totals more than 5%
of the purchase price per online order where the platform does not provide delivery of an order,
including orders that are picked up from the restaurant by the customer, or for which the
restaurant provides its own delivery service.
(c) The limits on fees in subsection (b) of this section shall not apply to fees for
advertising or promotions. .
(d) It shall be unlawful for a person to cause a third-party food delivery platform to
reduce the compensation rate paid to a delivery service driver, or garnish gratuities, in order to
comply with subsection (b) of this section.
(e) At the time a final price is disclosed to a customer for the intended purchase and
delivery of food from a restaurant through a third-party food delivery platform, and before that
transaction is completed by the customer, the third-party food delivery platform shall disclose to
the customer, in plain language and in a conspicuous manner, any commission, fee, or any other
monetary payment charged to the customer by the third-party food delivery platform.
(f)(1) A person who violates this section shall be subject to a fine of not less than $250
and not more than $1,000 for each such violation.
(2) A violation of this section shall be a civil infraction for purposes of the
Department of Consumer and Regulatory Affairs Civil Infections Act of 1985, effective October
5, 1985 (D.C. Law 6-472; D.C. Official Code 2-1801.01 et seq.).
(g) For the purposes of this section, the term:
(1) Online order means an order placed by a customer through a platform
provided by the third-party food delivery service for delivery or pickup within the District.
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(2) Purchase price means the menu price of an online order, excluding taxes,
gratuities or any other fees that may make up the total cost to the customer of an online order.
(3) Restaurant shall have the same meaning as provided in 25-101(43).
(4) Third-party food delivery platform means any website, mobile application,
or other internet service that offers or arranges for the sale of food and beverages prepared by,
and the same-day delivery or same-day pickup of food and beverages from, restaurants.
(h) The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure
Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code 2-501 et seq.), may issue
rules to implement the provisions of this section.
(i) Nothing in this section limits or otherwise impacts the requirement of a third-party
food delivery platform to collect and remit sales tax imposed under Chapter 20 of Title 47 of the
District of Columbia Official Code.
Sec. 7. Fiscal impact statement.
The Council adopts the fiscal impact statement of the Budget Director 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. 8. Effective date.
(a) 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
24, 1973 (87 Stat. 813; D.C. Official Code 1-206.02(c)(1)), and publication in the District of
Columbia Register.
(b) This act shall expire after 225 days of its having taken effect.
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Chairman
Council of the District of Columbia
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Mayor
District of Columbia
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