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District Step Up Enforcement of Condo Warranty Requirements

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Luke_Wilbur    5

Department of Consumer and Regulatory Affairs (DCRA)

Interim Director Lisa Marie Morgan today announced that three cases of

noncompliance with the District's condominium limited warranty statute

were referred to the District's Office of the Attorney General for civil

enforcement.

 

Lawsuits have been filed by the District’s Office of the Attorney General

in the Superior Court of the District of Columbia against Adekunle

Awojobi; 1310 Belmont, LLC and 3039 16th Street Development, L.L.C. Each

was charged with failing to post warranty security with DCRA. Section

42-1903.16 of the District of Columbia Official Code (2001) requires that

the warranty security be 10 percent of estimated condominium construction

or conversion costs.

 

"This issue hits many District residents where they live," said Morgan.

"With the pace of new condominium construction and condominium conversions

in the District, ensuring that warranty bonds are posted is crucial;

condominium owners need to be able to access these funds to make repairs

in cases involving structural defects."

 

Under District law, condominium developers or building owners are required

to warrant (or guarantee) their construction work. They secure this

obligation by posting the warranty security. Several forms of security may

be posted under the statute, including a letter of credit, bond or another

form as approved by DCRA.

 

If a condominium owner or association discovers a structural defect and

the developer does not fix the problem; the condominium owner or

association may request access the warranty security.

 

The warranty period runs for two years after the completion of the common

elements and for two years from the date of sale for each condominium

unit.

 

Information about the defendants in the three lawsuits:

 

1310 Belmont LLC *

Managing member: Coy Burney

Condominium project: 1310 Belmont Condominium, 1310 Belmont Street N.W.

 

3039 16th Street Development L.L.C. *

Managing member: Gary C. Lofaso

Condominium project: Zydeco Lofts Condominium, 3039 16th Street N.W.

 

Mr. Adekunle Awojobi *

Condominium project: Ipara Condominium, 320 T Street NW

 

Reach DCRA at 941 North Capitol Street N.E., 202-442-4400, DCRA@dc.gov or

dcra.dc.gov.

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