## Facts

- James and Kathleen Owens owned a unit in the Tiber Island Condominium in Washington, D.C., and were bound by the condominium’s bylaws and the District of Columbia Horizontal Property Act.
- A proposed WMATA subway tunnel and station near the condominium raised concerns affecting the community, including construction noise and vibration, construction hours and duration, vent structures, utility effects, and possible property impacts.
- After WMATA provided inadequate information, the condominium board consulted counsel and adopted a resolution authorizing retention of counsel and litigation if needed.
- The association filed suit against WMATA seeking conditions to mitigate adverse effects on the condominium community; the dispute ultimately produced a settlement placing limits on aspects of construction and operation affecting the property.
- The association imposed a special assessment on unit owners to pay legal expenses for the WMATA litigation.
- The Owenses refused to pay, asserting the board lacked authority to sue WMATA and that the assessment was invalid; they sued the association, and the association counterclaimed for the unpaid assessment.
- The trial court granted summary judgment for the association on the Owenses’ claim and on the association’s counterclaim.

## Issues

1. Whether the condominium association and its board had authority under the D.C. Horizontal Property Act and the condominium bylaws to institute litigation against WMATA over effects impacting common elements or more than one unit.
2. Whether, if the litigation was authorized, the association could validly levy and enforce a special assessment against dissenting unit owners to fund the litigation costs.

## Decision

- The D.C. Court of Appeals affirmed the trial court’s summary judgment for the association.
- The court held the association was authorized to sue on matters relating to common elements or affecting more than one unit, so long as individual owners’ rights were not restricted.
- The court held the bylaws empowered the board to initiate legal proceedings on behalf of the condominium community and to fund such action through assessments adopted pursuant to the bylaws.
- Because the WMATA dispute concerned community-wide interests and the association acted within statutory and bylaw authority, the special assessment was enforceable and the Owenses were obligated to pay.

## Legal Principles

- A condominium association may bring litigation in its own name on causes of action relating to common elements or affecting more than one unit, provided the action does not improperly restrict individual owners’ rights.
- Condominium bylaws bind unit owners and may delegate authority to the board to institute legal proceedings to protect community interests.
- When an assessment is adopted in compliance with governing documents to fund authorized association action, dissenting owners remain liable for their share.

## Conclusion

The court upheld the association’s authority to litigate against a nearby public project threatening condominium-wide interests and to fund that litigation through a properly approved special assessment, requiring nonpaying owners to contribute.


Owens v. Tiber Island Condo. Ass’n, 373 A.2d 890 (D.C. 1977)