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Virginia Statutes, Title 55.1

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Title 55.1, Property and Conveyances

34 chapters · 875 sections in this title.

All chapters in Title 55.1875 Ch 19, Virginia Condominium Act.94 Ch 21, Virginia Real Estate Cooperative Act.86 Ch 12, Virginia Residential Landlord and Te…70 Ch 3, Form and Effect of Deeds and Covenan…69 Ch 6, Recordation of Documents.66 Ch 22, Virginia Real Estate Time-share Act.52 Ch 25, Virginia Disposition of Unclaimed Pr…47 Ch 24, Escheats.42 Ch 28, Trespasses; Fences.42 Ch 1, Creation and Limitation of Estates.39 Ch 18, Property Owners' Association Act.34 Ch 13, Manufactured Home Lot Rental Act.25 Ch 14, Nonresidential Tenancies.25 Ch 20, Horizontal Property Act.21

875 sections·Filtered byTitle 55.1✕

Va. Code Ann. § 55.1-1916 Contents of declaration
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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 followed by the words "a condominium." 2. The name of the county or city in which the condominium is located. 3. A legal des…
Va. Code Ann. § 55.1-1917 Allocation of interests in the common elements
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A. The declaration may allocate to each unit depicted on plats and plans that comply with subsections A and B of § 55.1-1920 an undivided interest in the common elements proportionate to either the size or par value of each unit. If par value is stated in terms of dollars, that s…
Va. Code Ann. § 55.1-1918 Reallocation of interests in common elements
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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 on the basis of par value unless the declaration: 1. Prohibits the creation of any units not substantially identic…
Va. Code Ann. § 55.1-1919 Assignments of limited common elements; conversion to common element

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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 except in accordance with the provisions of this chapter. No amendment to any condominium instrument shall …

Va. Code Ann. § 55.1-1920 Contents of plats and plans

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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 location and dimensions of any convertible lands within the submitted land, the location and dimensions of any existing improv…

Va. Code Ann. § 55.1-1921 Bond to insure completion of improvements

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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 the estimated cost of completion, to the extent of the declarant's obligation as stated in the declaration, of all improvements to the common ele…

Va. Code Ann. § 55.1-1922 Preliminary recordation of plats and plans

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Plats and plans previously recorded pursuant to subsections A, B, and C of § 55.1-1916 may be used in lieu of new plats and plans to satisfy in whole or in part the requirements of subsection B of § 55.1-1918, subsection B of § 55.1-1924, or § 55.1-1926 if certifications of such …

Va. Code Ann. § 55.1-1923 Easement for encroachments

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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 plats and plans in the construction, repair, renovation, restoration, or replacement of any improvement or by reason of the settling or shifti…

Va. Code Ann. § 55.1-1924 Conversion of convertible lands

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A. The declarant may convert all or any portion of any convertible land into one or more units or limited common elements subject to any restrictions and limitations that the condominium instruments may specify. Any such conversion shall be deemed to have occurred at the time of …

Va. Code Ann. § 55.1-1925 Conversion of convertible spaces

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A. The declarant may convert all or any portion of any convertible space into one or more units or common elements, including limited common elements, subject to any restrictions and limitations that the condominium instruments may specify. Any such conversion shall be deemed to …

Va. Code Ann. § 55.1-1926 Expansion of condominium

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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 have occurred at the time of the recordation of plats and plans pursuant to subsection C of § 55.1-1920, together with an amendm…

Va. Code Ann. § 55.1-1927 Contraction of condominium

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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 have occurred at the time of the recordation of an amendment to the declaration, executed by the declarant, containing a leg…

Va. Code Ann. § 55.1-1928 Easement to facilitate conversion and expansion

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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 the purpose of making improvements on the submitted land and any additional land pursuant to the provisions of…

Va. Code Ann. § 55.1-1929 Easement to facilitate sales

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The declarant and his duly authorized agents, representatives, and employees may maintain sales offices or model units on the submitted land if and only if the condominium instruments provide for maintaining such sales offices or model units and specify the rights of the declaran…

Va. Code Ann. § 55.1-1930 Declarant's obligation to complete and restore

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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 done on the additional land, the withdrawable land, or any portion of either shall be binding as to any portion of ei…

Va. Code Ann. § 55.1-1931 Alterations within units

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A. Except to the extent prohibited, restricted, or limited by the condominium instruments, any unit owner may make any improvements or alterations within his unit that do not impair the structural integrity of any structure or otherwise lessen the support of any portion of the co…

Va. Code Ann. § 55.1-1932 Relocation of boundaries between units

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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 with (i) the provisions of this section and (ii) any restrictions and limitations not otherwise unlawful …

Va. Code Ann. § 55.1-1933 Subdivision of units

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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 this section and (ii) any restrictions and limitations not otherwise unlawful that the condominium instruments may specify. …

Va. Code Ann. § 55.1-1934 Amendment of condominium instruments

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A. If there is no unit owner other than the declarant, the declarant may unilaterally amend the condominium instruments, and an amendment signed by the declarant is effective upon recordation. This section shall not be construed to nullify, limit, or otherwise affect the validity…

Va. Code Ann. § 55.1-1935 Use of technology

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A. Unless expressly prohibited by the condominium instruments, (i) any notice required to be sent or received or (ii) any signature, vote, consent, or approval required to be obtained under any condominium instrument or any provision of this chapter may be accomplished using elec…

Va. Code Ann. § 55.1-1936 Merger or consolidation of condominiums; procedure

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A. Any two or more condominiums, by agreement of the unit owners as provided in subsection B, may be merged or consolidated into a single condominium. In the event of a merger or consolidation, unless the agreement otherwise provides, the resultant condominium shall be the legal …

Va. Code Ann. § 55.1-1937 Termination of condominium

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A. If there is no unit owner other than the declarant, the declarant may unilaterally terminate the condominium. An instrument terminating a condominium signed by the declarant is effective upon recordation of such instrument. But this section shall not be construed to nullify, l…

Va. Code Ann. § 55.1-1938 Rights of mortgagees

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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 beneficiaries of mortgages or deeds of trust encumbering the condominium units approve specified actions contemplated by the unit …

Va. Code Ann. § 55.1-1939 Statement of unit owner rights

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Every unit owner who is a member in good standing of a unit owners' association shall have the following rights: 1. The right of access to all books and records kept by or on behalf of the unit owners' association according to and subject to the provisions of § 55.1-1945, includi…

Va. Code Ann. § 55.1-1940 Bylaws to be recorded with declaration; contents; unit owners' association; executive board; amendment of bylaws

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A. Bylaws providing for governance of the condominium by an association of all of the unit owners shall be recorded simultaneously with the declaration. The unit owners' association may be incorporated. B. The bylaws shall provide whether or not the unit owners' association shall…

Va. Code Ann. § 55.1-1940.1 Termination and duration of certain management contracts

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A management contract that contains an automatic renewal provision may be terminated by the unit owners' association or the common interest community manager at any time without cause and without penalty upon not less than 60 days' written notice.

Va. Code Ann. § 55.1-1941 Amendment to condominium instruments; consent of mortgagee

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A. If any provision in the condominium instruments requires the written consent of a mortgagee in order to amend the condominium instruments, the unit owners' association shall be deemed to have received the written consent of a mortgagee if the unit owners' association sends the…

Va. Code Ann. § 55.1-1942 Reformation of declaration; judicial procedure

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A. A unit owners' association may petition the circuit court in the county or city in which the condominium or the greater part of the condominium is located to reform the condominium instruments where the unit owners' association, acting through its executive board, has attempte…

Va. Code Ann. § 55.1-1943 Control of condominium by declarant

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A. The condominium instruments may authorize the declarant, or a managing agent or some other person selected or to be selected by the declarant, to appoint and remove some or all of the officers of the unit owners' association or its executive board, or to exercise powers and re…

Va. Code Ann. § 55.1-1944 Deposit of funds

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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 federally insured financial institution separate from other assets of the managing agent. The funds shall be the property of the unit owners' ass…

Va. Code Ann. § 55.1-1945 Books, minutes, and records; inspection

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A. The declarant, managing agent, unit owners' association, or person specified in the bylaws of the association shall keep detailed records of the receipts and expenditures affecting the operation and administration of the condominium and specifying the maintenance and repair ex…

Va. Code Ann. § 55.1-1946 Management office

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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 one or more units in the condominium.

Va. Code Ann. § 55.1-1947 Transfer of special declarant rights

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A. For the purposes of this section, "affiliate of a declarant" means any person who controls, is controlled by, or is under common control with a declarant. A person controls a declarant if the person (i) is a general partner, officer, director, or employer of the declarant; (ii…

Va. Code Ann. § 55.1-1948 Declarants not succeeding to special declarant rights

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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 arising under this chapter or the condominium instruments.

Va. Code Ann. § 55.1-1949 Meetings of unit owners' association and executive board

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A. 1. Meetings of the unit owners' association shall be held in accordance with the provisions of the condominium instruments at least once each year after the formation of the association. The bylaws shall specify an officer or his agent who shall, at least 21 days in advance of…

Va. Code Ann. § 55.1-1950 Distribution of information by members

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A. The executive board shall establish a reasonable, effective, and free method, appropriate to the size and nature of the condominium, for unit owners to communicate among themselves and with the executive board regarding any matter concerning the unit owners' association. B. Ex…

Va. Code Ann. § 55.1-1951 Display of the flag of the United States; necessary supporting structures; affirmative defense

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A. In accordance with the federal Freedom to Display the American Flag Act of 2005 (P.L. 109-243), no unit owners' association shall prohibit or otherwise adopt or enforce any policy restricting a unit owner from displaying upon property to which the unit owner has a separate own…

Va. Code Ann. § 55.1-1951.1 Installation of solar energy collection devices

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A. As used in this section, "solar energy collection device" means any device manufactured and sold for the sole purpose of facilitating the collection and beneficial use of solar energy, including passive heating panels or building components and solar photovoltaic apparatus. B.…

Va. Code Ann. § 55.1-1952 Meetings of unit owners' association and executive board; quorums

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A. Unless the condominium instruments otherwise provide or as specified in subsection H of § 55.1-1953, a quorum shall be deemed to be present throughout any meeting of the unit owners' association until adjourned if persons entitled to cast more than one-third of the votes are p…

Va. Code Ann. § 55.1-1953 Meetings of unit owners' association and executive board; voting by unit owners; proxies

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A. The bylaws may allocate to each unit depicted on plats and plans that comply with subsections A and B of § 55.1-1920 a number of votes in the unit owners' association proportionate to the undivided interest in the common elements appertaining to each such unit. B. Otherwise, t…

Va. Code Ann. § 55.1-1954 Officers

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A. If the condominium instruments provide that any officer must be a unit owner, then any such officer who disposes of all of his units in fee shall be deemed to have disqualified himself from continuing in office unless the condominium instruments otherwise provide, or unless he…

Va. Code Ann. § 55.1-1955 Upkeep of condominiums; warranty against structural defects; statute of limitations for warranty; warranty review committee

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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, and replacement of the condominium shall belong (i) to the unit owners' ass…

Va. Code Ann. § 55.1-1956 Control of common elements

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A. Except to the extent prohibited, restricted, or limited by the condominium instruments, the unit owners' association shall have the power to: 1. Employ, dismiss, and replace agents and employees to exercise and discharge the powers and responsibilities of the association arisi…

Va. Code Ann. § 55.1-1957 Common elements; notice of pesticide application

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The unit owners' association shall post notice of all pesticide applications in or upon the common elements. Such notice shall consist of conspicuous signs placed in or upon the common elements where the pesticide will be applied at least 48 hours prior to the application.

Va. Code Ann. § 55.1-1958 Tort and contract liability; judgment lien

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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 (ii) in connection with the condition of any portion of the condominium that the declarant or the association has the responsibility to maintain shall b…

Va. Code Ann. § 55.1-1959 Suspension of services for failure to pay assessments; corrective action; assessment of charges for violations; notice; hearing; adoption and enforcement of rules and regulations

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A. Except as otherwise provided in this chapter, the executive board shall have the power to establish, adopt, and enforce rules and regulations with respect to use of the common elements and with respect to such other areas of responsibility assigned to the unit owners' associat…

Va. Code Ann. § 55.1-1960 Limitation of occupancy of a unit

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To the extent expressly provided in the condominium instruments, the unit owners' association may limit the number of persons who may occupy a unit as a dwelling. Such limitation shall be reasonable and shall comply with the provisions of applicable law, including the Virginia Fa…

Va. Code Ann. § 55.1-1960.1 Limitation of smoking in condominium

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Except to the extent that the condominium instruments provide otherwise, the executive board may establish reasonable rules that restrict smoking in the condominium, including rules that prohibit smoking in the common elements and within units. Rules adopted pursuant to this sect…

Va. Code Ann. § 55.1-1961 Use of for sale sign in connection with resale

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Except as expressly authorized in this chapter or in the condominium instruments or as otherwise provided by law, no unit owners' association shall require the use of any for sale sign that is (i) a unit owners' association sign or (ii) a real estate sign that does not comply wit…

Va. Code Ann. § 55.1-1962 Designation of authorized representative

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Except as expressly authorized in this chapter or in the condominium instruments or as otherwise provided by law, no unit owners' association shall require any unit owner to execute a formal power of attorney if the unit owner designates a person licensed under the provisions of …