Code of Virginia - Title 55 Property And Conveyances - Chapter 4.2 Condominium Act

55-79.39 How chapter cited
This chapter shall be known and may be cited as the "Condominium Act." (1974, c. 416.) ...
55-79.40 Application and construction of chapter
A. This chapter shall apply to all condominiums and to all horizontal property regimes or condominium projects. For the purposes of this chapter, the terms ...
55-79.41 Definitions
When used in this chapter: "Capital components" means those items, whether or not a part of the common elements, for which the unit owners' association ...
55-79.41:1 Variation by agreement
Except as expressly provided in this chapter, provisions of this chapter may not be varied by agreement, and rights conferred by this chapter may not ...
55-79.42 Separate assessments, titles and taxation
Except as provided in the following sentence, each condominium unit constitutes for all purposes a separate parcel of real estate. If there is any unit ...
55-79.43 County and municipal ordinances; nonconforming conversion condominiums; applicability of Uniform St...
A. No zoning or other land use ordinance shall prohibit condominiums as such by reason of the form of ownership inherent therein. Neither shall any ...
55-79.44 Eminent domain
(a) If any portion of the common elements is taken by eminent domain, the award therefor shall be paid to the unit owners' association. Provided, ...
55-79.45 How condominium may be created
No condominium shall come into existence except by the recordation of condominium instruments pursuant to the provisions of this chapter. No condominium instruments shall be ...
55-79.46 Release of liens
A. At the time of the conveyance to the first purchaser of each condominium unit following the recordation of the declaration, every mortgage, deed of ...
55-79.47 Description of condominium units
After the creation of the condominium, no description of a condominium unit shall be deemed vague, uncertain, or otherwise insufficient or infirm which sets forth ...
55-79.48 Execution of condominium instruments
The declaration and bylaws, and any amendments to either made pursuant to § 55-79.71 shall be duly executed by or on behalf of all of ...
55-79.49 Recordation of condominium instruments
All amendments and certifications of condominium instruments shall set forth the name of the city or county in which the condominium is located, and the ...
55-79.50 Construction of condominium instruments
Except to the extent otherwise provided by the condominium instruments: (a) The terms defined in § 55-79.41 shall be deemed to have the meanings therein ...
55-79.51 Complementarity of condominium instruments; controlling construction
The condominium instruments shall be construed together and shall be deemed to incorporate one another to the extent that any requirement of this chapter as ...
55-79.52 Validity of condominium instruments; discrimination prohibited
A. All provisions of the condominium instruments shall be deemed severable, and any unlawful provision thereof shall be void. B. No provision of the condominium ...
55-79.53 Compliance with condominium instruments
A. The declarant, every unit owner, and all those entitled to occupy a unit shall comply with all lawful provisions of this chapter and all ...
55-79.54 Contents of declaration
(a) The declaration for every condominium shall contain the following: (1) The name of the condominium, which name shall include the word "condominium" or be ...
55-79.55 Allocation of interests in the common elements
(a) The declaration may allocate to each unit depicted on plats and plans that comply with subsections A and B of § 55-79.58 an undivided ...
55-79.56 Reallocation of interests in common elements
(a) If a condominium contains any convertible land or is an expandable condominium, then the declaration shall not allocate undivided interests in the common elements ...
55-79.57 Assignments of limited common elements; conversion to common element
A. All assignments and reassignments of limited common elements shall be reflected by the condominium instruments. No limited common element shall be assigned or reassigned ...
55-79.58 Contents of plats and plans
A. There shall be recorded simultaneously with the declaration one or more plats of survey showing the location and dimensions of the submitted land, the ...
55-79.58:1 Bond to insure completion of improvements
A. The declarant shall file with the Common Interest Community Board a bond entered into by the declarant in the sum of 100 percent of ...
55-79.59 Preliminary recordation of plats and plans
Plats and plans previously recorded pursuant to § 55-79.54 (a), (b) and (c) may be used in lieu of new plats and plans to satisfy ...
55-79.60 Easement for encroachments
To the extent that any unit or common element encroaches on any other unit or common element, whether by reason of any deviation from the ...
55-79.61 Conversion of convertible lands
A. The declarant may convert all or any portion of any convertible land into one or more units and/or limited common elements subject to any ...
55-79.62 Conversion of convertible spaces
(a) The declarant may convert all or any portion of any convertible space into one or more units and/or common elements, including, without limitation, limited ...
55-79.63 Expansion of condominium
No condominium shall be expanded except in accordance with the provisions of the declaration and of this chapter. Any such expansion shall be deemed to ...
55-79.64 Contraction of condominium
No condominium shall be contracted except in accordance with the provisions of the declaration and of this chapter. Any such contraction shall be deemed to ...
55-79.65 Easement to facilitate conversion and expansion
Subject to any restrictions and limitations the condominium instruments may specify, the declarant shall have a transferable easement over and on the common elements for ...
55-79.66 Easement to facilitate sales
The declarant and his duly authorized agents, representatives, and employees may maintain sales offices and/or model units on the submitted land if and only if ...
55-79.67 Declarant's obligation to complete and restore
(a) No covenants, restrictions, limitations, or other representations or commitments in the condominium instruments with regard to anything that is or is not to be ...
55-79.68 Alterations within units
(a) Except to the extent prohibited by the condominium instruments, and subject to any restrictions and limitations specified therein, any unit owner may make any ...
55-79.69 Relocation of boundaries between units
A. If the condominium instruments expressly permit the relocation of boundaries between adjoining units, then the boundaries between such units may be relocated in accordance ...
55-79.70 Subdivision of units
A. If the condominium instruments expressly permit the subdivision of any units, then such units may be subdivided in accordance with (i) the provisions of ...
55-79.71 Amendment of condominium instruments
A. If there is no unit owner other than the declarant, the declarant may unilaterally amend the condominium instruments, and the amendment shall become effective ...
55-79.72 Description unavailable
Repealed by Acts 1993, c. 667. ...
55-79.72:1 Termination of condominium
A. If there is no unit owner other than the declarant, the declarant may unilaterally terminate the condominium. An instrument terminating a condominium shall become ...
55-79.72:2 Rights of mortgagees
No provision of this chapter shall be construed in derogation of any requirement of the condominium instruments that all or a specified number of the ...
55-79.73 Bylaws to be recorded with declaration; contents; unit owners' association; executive organ; amendm...
A. There shall be recorded simultaneously with the declaration a set of bylaws providing for the self-government of the condominium by an association of all ...
55-79.73:1 Amendment to condominium instruments; consent of mortgagee
A. In the event that any provision in the condominium instruments requires the written consent of a mortgagee in order to amend the condominium instruments, ...
55-79.74 Control of condominium by declarant
A. The condominium instruments may authorize the declarant, or a managing agent or some other person or persons selected or to be selected by the ...
55-79.74:01 Deposit of funds
All funds deposited with a managing agent shall be handled in a fiduciary capacity and shall be kept in a fiduciary trust account in a ...
55-79.74:1 Books, minutes and records; inspection
A. The declarant, the managing agent, the unit owners' association, or the person specified in the bylaws of the association shall keep detailed records of ...
55-79.74:2 Management office
Unless the condominium instruments expressly provide otherwise, the unit owners' association shall not be prohibited from maintaining a management office on common elements or in ...
55-79.74:3 Transfer of special declarant rights
A. No special declarant right may be transferred except by a document evidencing the transfer recorded in every city and county wherein any portion of ...
55-79.74:4 Declarants not succeeding to special declarant rights
A declarant who does not succeed to any special declarant rights shall be liable only to the extent of his actions for claims and obligations ...
55-79.75 Meetings of unit owners' associations and executive organ
A. Meetings of the unit owners' association shall be held in accordance with the provisions of the condominium instruments at least once each year after ...
55-79.75:1 Distribution of information by members
A. The executive organ shall establish a reasonable, effective, and free method, appropriate to the size and nature of the condominium, for unit owners to ...
55-79.75:2 Flag display; necessary supporting structures; affirmative defense
A. Unless expressly prohibited by the condominium instruments, no unit owners' association shall prohibit a unit owner from displaying the flag of the United States. ...
55-79.76 Same; quorums
(a) Unless the condominium instruments otherwise provide, a quorum shall be deemed to be present throughout any meeting of the unit owners' association until adjourned ...
55-79.77 Same; voting
A. The bylaws may allocate to each unit depicted on plats and plans that comply with subsections A and B of § 55-79.58 a number ...
55-79.78 Officers
A. If the condominium instruments provide that any officer or officers must be unit owners, then any such officer who disposes of all of his ...
55-79.79 Upkeep of condominiums; warranty against structural defects; statute of limitations for warrant...
A. Except to the extent otherwise provided by the condominium instruments, all powers and responsibilities, including financial responsibility, with regard to maintenance, repair, renovation, restoration, ...
55-79.80 Control of common elements
A. Except to the extent prohibited by the condominium instruments, and subject to any restrictions and limitations specified therein, the unit owners' association shall have ...
55-79.80:01 Common elements; notice of pesticide application
Unit owners' associations shall post notice of all pesticide applications in or upon the common elements. Such notice shall consist of conspicuous signs placed in ...
55-79.80:1 Tort and contract liability; judgment lien
A. An action for tort alleging a wrong done (i) by any agent or employee of the declarant or of the unit owners' association, or ...
55-79.80:2 Assessment of charges for violations; suspension of services for failure to pay assessments; hearin...
A. The unit owners' association shall have the power, to the extent the condominium instruments or rules duly adopted pursuant thereto expressly so provide, to ...
55-79.80:3 Power of unit owners' association to limit occupancy of a unit
The unit owners' association shall have the power, to the extent the condominium instruments expressly so provide, to limit the number of persons who may ...
55-79.81 Insurance
A. The condominium instruments may require the unit owners' association, or the executive organ or managing agent on behalf of such association, to obtain: 1. ...
55-79.82 Description unavailable
Repealed by Acts 1991, c. 497. ...
55-79.83 Liability for common expenses
A. Except to the extent that the condominium instruments provide otherwise, any common expenses associated with the maintenance, repair, renovation, restoration, or replacement of any ...
55-79.83:1 Reserves for capital components
A. Except to the extent otherwise provided in the condominium instruments and unless the condominium instruments impose more stringent requirements, the executive organ shall: 1. ...
55-79.84 Lien for assessments
A. The unit owners' association shall have a lien on every condominium unit for unpaid assessments levied against that condominium unit in accordance with the ...
55-79.84:1 Bond to be posted by declarant
A. The declarant of a condominium containing units which are required by this chapter to be registered with the Common Interest Community Board shall post ...
55-79.85 Restraints on alienation
If the condominium instruments create any rights of first refusal or other restraints on free alienability of the condominium units, such rights and restraints shall ...
55-79.86 Administrative agency
This chapter shall be administered by the Common Interest Community Board which hereinafter is called the agency. (1974, c. 416; 2008, cc. 851, 871.) ...
55-79.87 Exemptions from certain provisions of article
A. Unless the method of offer or disposition is adopted for the purpose of evasion of this chapter, the provisions of §§ 55-79.88 through 55-79.93, ...
55-79.88 Limitations on dispositions of units
Unless exempt by § 55-79.87: 1. No declarant may offer or dispose of any interest in a condominium unit located in this Commonwealth, nor offer ...
55-79.89 Application for registration; fee
A. The application for registration of the condominium shall be filed as prescribed by the agency's regulations and shall contain the following documents and information: ...
55-79.90 Public offering statement; condominium securities
A. A public offering statement shall disclose fully and accurately the characteristics of the condominium and the units therein offered and shall make known to ...
55-79.91 Inquiry and examination
Upon receipt of an application for registration, the agency shall conduct an examination of the material submitted to determine that: 1. The declarant can convey ...
55-79.92 Notice of filing and registration
A. Upon receipt of the application for registration, the agency shall, within five business days, issue a notice of filing to the applicant. In the ...
55-79.93 Annual report by declarant; termination of registration
The declarant shall file a report in the form prescribed by the regulations of the agency within thirty days of each anniversary date of the ...
55-79.93:1 Annual report by unit owners' association
A. The unit owners' association shall file an annual report in a form and at such time as prescribed by regulations of the agency. The ...
55-79.94 Conversion condominiums; special provisions
A. Any declarant of a conversion condominium shall include in his public offering statement in addition to the requirements of § 55-79.90 the following: 1. ...
55-79.95 Escrow of deposits
A. Any deposit made in regard to any disposition of a unit, including a nonbinding reservation agreement, shall be held in escrow until delivered at ...
55-79.96 Declarant to deliver declaration, etc., to purchaser
The declarant shall within ten days of recordation of the condominium instruments as provided for in §§ 55-79.45 and 55-79.49 hereof, forward to each purchaser ...
55-79.97 Resale by purchaser
A. In the event of any resale of a condominium unit by a unit owner other than the declarant, and subject to the provisions of ...
55-79.97:1 Fees for resale certificate.
A. The unit owners' association may charge fees as authorized by this section for the inspection of the property, the preparation and issuance of the ...
55-79.97:2 Properties subject to more than one declaration.
If the unit is subject to more than one declaration, the unit owners' association or its common interest community manager may charge the fee authorized ...
55-79.97:3 Requests by settlement agents.
A. The settlement agent may request a financial update from the preparer of the resale certificate. The preparer of the resale certificate shall, upon request ...
55-79.98 General powers and duties of the Common Interest Community Board
(a) The agency shall prescribe reasonable rules which shall be adopted, amended or repealed in compliance with law applicable to the administrative procedure of agencies ...
55-79.99 Investigations and proceedings
A. Whenever the agency receives a written complaint which appears to state a valid claim, the agency shall make necessary public or private investigations in ...
55-79.100 Cease and desist orders
(a) If the agency determines after notice and hearing that a person has: (1) Violated any provision of this chapter; (2) Directly or through an ...
55-79.101 Revocation of registration
(a) A registration may be revoked after notice and hearing upon a written finding of fact that the declarant has: (1) Failed to comply with ...
55-79.102 Judicial review
Proceedings for judicial review shall be in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.). (1974, c. 416; 1996, c. ...
55-79.103 Penalties
Any person who willfully violates any provision of §§ 55-79.87, 55-79.88, 55-79.89, 55-79.90, 55-79.93, 55-79.94, 55-79.95, or any rule adopted under or order issued pursuant ...

Last modified: April 3, 2009