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Jackson & Campbell P.C. Update July 18, 2006
Dear Real Estate Professional:
DC: Reinstated Requirement for Co-signature of non-titled spouses and domestic partners on Deeds of Trust (notwithstanding abolishment of dower). In advance of the legislative session of the DC Council held on July 11, Phil Mendelson's office had expressed some interest in introducing emergency legislation to correct this significant problem. He was dissuaded from presenting the matter as an emergency. We thought he would, at least, introduce the permanent bill on July 11. We were subsequently informed that, because of larger legislation he was working on (and the fact he is campaigning) he did not have the resources to do so. Thus, July 11 came and went without the legislation being introduced. We will find someone to introduce it in September. For a copy of the proposed revision to 15 D.C. Code 502, click here.
DC: Bill 16-789: Condo Warranty Bond. On July 11, 2006, emergency legislation was introduced by Jim Graham that gives "discretion" to DCRA to refund warranty bonds directly to homeowners associations. There is no provision for a neutral determination by the Office of Administrative Hearings whether a repair is structural or otherwise compensable under the Act. When the temporary and permanent versions of this Bill are introduced, we will point out to the Council the dangers of vesting such broad authority in DCRA without the counter-balance of due process that could be offered by the OAH. A copy of the new Bill 16-0789 can be seen by clicking here.Please feel free to circulate this newsletter to others in the industry, both within and outside your office. The contents of this Update are intended for general informational purposes only and should not be relied upon as legal advice or as a substitute for consultation with a qualified attorney. Moreover, the mailing hereof is not intended to create nor does it constitute an attorney-client relationship.
Sincerely,
Roy L. Kaufmann of the Real Property and Asset Management Group
Jackson & Campbell P.C.
email: rkaufmann@jackscamp.com
voice: (202) 457-1600
web: http://www.JacksCamp.com
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