Code of Virginia - Title 55 Property And Conveyances - Chapter 4.1 Horizontal Property

55-79.1 Title
This chapter shall be known as the "Horizontal Property Act." (1962, c. 627, § 1.) ...

55-79.2 Definitions
As used in this chapter unless the context otherwise requires: (a) "Apartment" means an apartment, apartment dwelling unit, unit, house or home which is an ...

55-79.3 Establishment of horizontal property regime
Whenever a developer, the sole owner or the co-owners of a building or buildings expressly declare, through the recordation of a master deed or lease, ...

55-79.4 Apartments subject to individual titles and interests; recording; transfer of garage unit
Once the property is submitted to the horizontal property regime, an apartment in the building or buildings may be individually conveyed and encumbered and may ...

55-79.5 Joint or common ownership
Any apartment may be jointly or commonly owned by more than one person. (1962, c. 627, § 5.) ...

55-79.6 Exclusive and common rights of owners
An apartment owner shall have an exclusive right to his apartment and shall have a common right to a share, with other co-owners, in the ...

55-79.7 Master deed or lease; recordation; particulars
A master deed or lease shall be recorded in the same manner and subject to the same provisions of law as are deeds; provided, that ...

55-79.8 Deeds of individual apartments
The deed of each individual apartment shall express the particulars prescribed under (a) and (b) of § 55-79.7 relative to the apartments concerned and shall ...

55-79.9 Regrouping or merger of estates with principal property
All of the co-owners or such lesser percentage as may be authorized in the master deed, or the sole owner of a building or buildings ...

55-79.10 Merger not to bar subsequent horizontal property regime
The merger provided for in § 55-79.9 shall in no way bar the subsequent constitution of the property into another horizontal property regime whenever so ...

55-79.11 Bylaws governing administration of buildings
The administration of every building or buildings constituted into a horizontal property regime shall be governed by bylaws approved and adopted by the council of ...

55-79.12 Books and records; inspection; audit
The administrator, or board of administration, or the person appointed by the bylaws of the regime, shall keep a book with a detailed account of ...

55-79.13 Contributions by co-owners
All co-owners are bound to contribute pro rata toward the expenses of administration and of maintenance and repairs of the general common elements, and, in ...

55-79.14 Laws relating to exemptions made applicable; property taxes assessed on individual apartment...
The laws relating to exemptions as set out in Title 34 shall be applicable to the individual apartments which shall have the benefit of said ...

55-79.15 Payment of assessments upon conveyance of apartment
Upon the sale or conveyance of an apartment, all unpaid assessments against a co-owner for his pro rata share in the expenses to which § ...

55-79.16 Developer to notify Board prior to offering project for sale
Prior to the time when a condominium project is to be offered for sale in this Commonwealth, the developer shall notify the Board in writing ...

55-79.17 Notice to be accompanied by fee and questionnaire
The notice of intention shall be accompanied by a fee of $100 and by a verified copy of a questionnaire properly filled in. The questionnaire ...

55-79.18 Inspection of project by Board
After appropriate notification has been made pursuant to §§ 55-79.16 and 55-79.17, an inspection of the condominium project may be made by the Board. (1962, ...

55-79.19 Fee for inspection
When an inspection is to be made of projects, the notice of intention shall be accompanied by the filing fee, together with an amount estimated ...

55-79.20 Waiver of initial inspection
The Board may waive initial inspection when in its opinion, a preliminary or final public report can be substantially drafted and issued from the contents ...

55-79.21 Public reports by Board of examinations
When the Board makes an examination of any project, it shall make a public report of its findings, which shall contain all material facts reasonably ...

55-79.21:1 Deposits to be held in escrow
Any deposit made with a reservation to purchase or a contract to purchase shall be held in escrow in a separate fund for such deposits ...

55-79.21:2 Management contract of developer limited to five years
No management contract for management of all or part of a condominium project may be entered into by a developer for a period of longer ...

55-79.22 When preliminary report may be issued
A preliminary public report may be issued by the Board upon receipt of a notice of intention filing which is complete except for some particular ...

55-79.23 Prerequisites to sale of units by developer; purchasers' receipts for reports
The developer shall not enter into a binding contract or agreement for the sale of any unit in a condominium project until (a) A true ...

55-79.24 Subsequent investigations by Board; reports
If, after a final or substitute public report has been issued, the Board shall deem it necessary to conduct further inquiries or investigations in order ...

55-79.25 Copies of Board's public report
The true copies of the Board's public report shall be an exact reproduction of those prepared by the Board. (1962, c. 627, § 25.) ...

55-79.26 Notice by developer of change in project
It is unlawful for the developer of the project, after it is submitted to the Board, to materially change the setup or value or use ...

55-79.27 Hearings by Board
When a final, preliminary or substitute public report is not issued within a reasonable time after notice of intention is properly filed pursuant to §§ ...

55-79.28 False statements or representations; violation of statute or order of Board
Every officer, agent or employee of any company, and every other person who knowingly authorizes, directs or aids in the publication, advertisement, distribution or circulation ...

55-79.29 Investigation by Board upon belief of violation by developer; examination of records, etc
If the Board has reason to believe that a developer is violating any provision set forth in §§ 55-79.16 to 55-79.29, or the rules and ...

55-79.30 Enjoining violations
Whenever the Board believes from satisfactory evidence that any person has violated any of the provisions of §§ 55-79.16 to 55-79.29, or the rules and ...

55-79.31 Fees credited to special fund; expenditure
All fees collected under this chapter shall be remitted by the Board to the Treasurer of this Commonwealth, and shall be placed to the credit ...

55-79.32 Chapter additional and supplemental
The provisions of this chapter shall be in addition and supplemental to all other provisions of law, provided that wherever the application of the provisions ...

55-79.33 Supplemental rules and regulations by planning and zoning commissions
Whenever they deem it proper, the planning and zoning commission of any county or municipality may adopt supplemental rules and regulations not inconsistent with general ...

55-79.34 Partition
(a) The common elements, both general and limited, shall remain undivided. No apartment owner, or any other person, shall bring any suit or other proceeding ...

55-79.35 Liens or encumbrances
(a) Subsequent to establishment of a horizontal property regime as provided in this chapter, and while the property remains subject to this chapter, no lien ...

55-79.36 Rule against perpetuities; rule restricting unreasonable restraints on alienation
The rule of property law known as the rule against perpetuities, and the rule of property law known as the rule restricting unreasonable restraints on ...

55-79.37 Liability of owner
(1) The liability of the owner of an apartment for pro rata expenses shall be limited to the amounts for which he is assessed from ...

55-79.38 Compliance by co-owner with bylaws and administrative rules and regulations
Each co-owner shall comply strictly with the bylaws of the horizontal property regime and with the administrative rules and regulations adopted pursuant thereto, as either ...