Va. Code Ann. § 55.1-2121 — Virginia Code / Title 55.1 / Subtitle IV / Chapter 21 / Article 2 / Section 55.1-2121
Alterations of units
Status: in_force

Subject to the provisions of the declaration and other provisions of law, a proprietary lessee:

1. May make any improvements or alterations to his unit that do not impair the structural integrity or the electrical or mechanical systems of any portion of the cooperative;

2. Shall not change the appearance of the common elements, or the exterior appearance of a unit or any other portion of the cooperative, other than the interior of the unit, without permission of the association;

3. After acquiring a cooperative interest of which an adjoining unit or an adjoining part of an adjoining unit is a part, may remove or alter any intervening partition or create apertures therein, even if the partition in whole or in part is a common element, if those acts do not impair the structural integrity or electrical or mechanical systems of any portion of the cooperative. Removal of partitions or creation of apertures under this subdivision is not an alteration of boundaries.

1982, c. 277, § 55-447; 2019, c. 712 .
Va. Code Ann. § 55.1-2118 — Virginia Code / Title 55.1 / Subtitle IV / Chapter 21 / Article 2 / Section 55.1-2118
Allocation of ownership interests, votes, and common expense liabilities
Status: in_force

A. The declaration shall allocate an ownership interest in the association a fraction or percentage of the common expenses of the association and a portion of the votes in the association, or to each cooperative interest in the cooperative, and state the formulas used to establish those allocations. Those allocations shall not discriminate in favor of cooperative interests owned by the declarant or an affiliate of the declarant.

B. If units may be added to or withdrawn from the cooperative, the declaration shall state the formulas to be used to reallocate the allocated interests among all cooperative interests included in the cooperative after the addition or withdrawal.

C. The declaration may provide (i) that different allocations of votes shall be made to the cooperative interests on particular matters specified in the declaration, (ii) for cumulative voting only for the purpose of electing members of the executive board, and (iii) for class voting on specified issues affecting the class if necessary to protect valid interests of the class. No declarant shall utilize cumulative or class voting for the purpose of evading any limitation imposed on declarants by this chapter, nor shall cooperative interests constitute a class because they are owned by a declarant.

D. Except for minor variations due to rounding, the sum of the common expense liabilities allocated at any time to all the cooperative interests must equal one if stated as a fraction or 100 percent if stated as a percentage. In the event of a discrepancy between an allocated interest and the result derived from application of the pertinent formula, the allocated interest prevails.

E. Any purported conveyance, encumbrance, judicial sale, or other voluntary or involuntary transfer of the ownership interest in the association made without the possessory interest in the unit to which that interest is related is void.

1982, c. 277, § 55-444; 2019, c. 712 .
Va. Code Ann. § 55.1-2159 — Virginia Code / Title 55.1 / Subtitle IV / Chapter 21 / Article 4 / Section 55.1-2159
Public offering statement; cooperative securities
Status: in_force

If an interest in a cooperative is currently registered with the Securities and Exchange Commission of the United States, a declarant satisfies all requirements relating to the preparation of a public offering statement of this chapter if he delivers to the purchaser and files with the agency a copy of the public offering statement filed with the Securities and Exchange Commission. A cooperative interest is not a security under the provisions of the Securities Act, §§ 13.1-501 through 13.1-527.3 .

1982, c. 277, § 55-482; 2019, c. 712 .
Va. Code Ann. § 55.1-2242 — Virginia Code / Title 55.1 / Subtitle IV / Chapter 22 / Article 5 / Section 55.1-2242
Annual report; amendments
Status: in_force

A. The developer shall file a report in the form prescribed by the Board's regulations by June 30 of each year the registration is effective. The developer of any time-share program initially registered with the Board between January and June shall not be required to file an annual report for the year in which it was initially registered. The report shall reflect any material changes in information contained in the original application for registration or in the immediately preceding annual report, whichever is later, and shall be accompanied by the appropriate fee established by the Board's regulations or pursuant to § 55.1-2240 .

B. During the developer control period in a time-share estate program, the developer shall file a copy of the unit owners' association annual report required by § 55.1-2213 along with the annual report required by this section.

C. The developer shall amend or supplement its registration with the Board to report any material change in the information required by §§ 55.1-2217 and 55.1-2239 . Such amendments or supplemental information shall be filed with the Board within 20 business days after the occurrence of the material change.

Code 1950, § 55-394; 1981, c. 462; 1985, c. 517, § 55-394.1; 1998, c. 460 ; 2006, c. 653 ; 2012, cc. 481 , 797 ; 2019, c. 712 ; 2020, c. 1011 .
Va. Code Ann. § 55.1-1921 — Virginia Code / Title 55.1 / Subtitle IV / Chapter 19 / Article 2 / Section 55.1-1921
Bond to insure completion of improvements
Status: in_force

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 elements of the condominium labeled in the plat or plats as "NOT YET COMPLETED" or "NOT YET BEGUN" located upon submitted land and which the declarant reasonably believes will not be substantially complete at the time of conveyance of the first condominium unit. Such bond shall be conditioned upon the faithful performance of the declarant's obligation to complete such improvements in strict conformity with the plans and specifications for the same as described in the declaration.

B. 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 of a unit in which a time-share interest is conveyed before the unit has been certified as substantially complete in accordance with subsections A and B of § 55.1-1920 . The bond required by this subsection shall be conditioned upon the faithful performance of the declarant's obligation to complete such improvements in strict conformity with the plans and specifications for the same as described in the declaration.

C. All bonds required in this section shall be executed by a surety company authorized to transact business in the Commonwealth or by such other surety as is satisfactory to the Board.

D. The Board may promulgate reasonable regulations that govern the return of bonds submitted in accordance with this section.

1977, c. 428, § 55-79.58:1; 1988, c. 15; 1999, c. 560 ; 2008, cc. 851 , 871 ; 2019, c. 712 .
Va. Code Ann. § 55.1-1821 — Virginia Code / Title 55.1 / Subtitle IV / Chapter 18 / Article 3 / Section 55.1-1821
Home-based businesses permitted; compliance with local ordinances
Status: in_force

A. Except to the extent that the declaration provides otherwise, no association shall prohibit any lot owner from operating a home-based business within his personal residence. The association may, however, establish (i) reasonable restrictions as to the time, place, and manner of the operation of a home-based business and (ii) reasonable restrictions as to the size, place, duration, and manner of the placement or display of any signs on the owner's lot related to such home-based business. Any home-based business shall comply with all applicable local ordinances.

B. If a development is located in a locality that classifies home-based child care services as an accessory or ancillary residential use under the locality's zoning ordinance, the provision of home-based child care services in a personal residence shall be deemed a residential use unless expressly (i) prohibited or restricted by the declaration or (ii) restricted by the association's bylaws or rules as provided in subsection A.

2013, c. 310 , § 55-513.2; 2019, cc. 2 , 30 , 712 .
Va. Code Ann. § 55.1-700 — Virginia Code / Title 55.1 / Subtitle II / Chapter 7 / Section 55.1-700
Definitions
Status: in_force

As used in this chapter, unless the context requires a different meaning:

"Electronic delivery," for purposes of delivery of the disclosures required by this chapter, means sending the required disclosures via the Internet, provided that the sender retains sufficient proof of the electronic delivery, which may be an electronic receipt of delivery, a confirmation that the notice was sent by facsimile, or a certificate of service prepared by the sender confirming the electronic delivery.

"Notification" means a statement acknowledging that the purchaser has been advised of any disclosures required by this chapter on the Real Estate Board's website or delivery of any such disclosures to the purchaser.

"Ratification" means the full execution of a real estate purchase contract by all parties.

"Real estate contract" means a contract for the sale, exchange, or lease with the option to buy of residential real estate subject to this chapter.

2017, c. 386 , § 55-517.1; 2019, c. 712 ; 2020, c. 749 .
Va. Code Ann. § 55.1-2171 — Virginia Code / Title 55.1 / Subtitle IV / Chapter 21 / Article 4 / Section 55.1-2171
Declarant's obligation to complete and restore
Status: in_force

A. The declarant shall complete all improvements depicted on any site plan or other graphic representation included in the public offering statement or in any promotional material distributed by or for the declarant unless that improvement is labeled "NEED NOT BE BUILT."

B. The declarant is subject to liability for the prompt repair and restoration, to a condition compatible with the remainder of the cooperative, of any portion of the cooperative affected by the exercise of rights reserved pursuant to or created by §§ 55.1-2120 , 55.1-2121 , 55.1-2122 , 55.1-2123 , 55.1-2125 , and 55.1-2126 .

1982, c. 277, § 55-494; 2019, c. 712 .
Va. Code Ann. § 55.1-101 — Virginia Code / Title 55.1 / Subtitle I / Chapter 1 / Article 1 / Section 55.1-101
When deed or will necessary to convey estate; no parol partition or gift valid
Status: in_force

A. No estate of inheritance or freehold in lands shall be conveyed unless by deed or will, and no voluntary partition of lands by coparceners, having such an estate in such land, shall be made except by deed. In addition, no right to a conveyance of any such estate or term in land shall accrue to the donee of the land or those claiming under him, under a gift or promise of gift of such estate or term in land not in writing, even if such gift or promise is followed by possession and improvement of the land by the donee or those claiming under him.

B. Any lease agreement or other written document conveying a non-freehold estate in land, which was entered into before, and which remains in effect as of, February 13, 2019, or which is entered into after February 13, 2019, shall not be invalid, unenforceable, or subject to repudiation by the parties to such agreement on account of, or otherwise affected by, the fact that the conveyance of the estate was not in the form of a deed.

Code 1919, § 5141; Code 1950, § 55-2; 2019, cc. 11 , 49 , 712 .
Va. Code Ann. § 55.1-413 — Virginia Code / Title 55.1 / Subtitle I / Chapter 4 / Section 55.1-413
Lien of subsequent purchaser for purchase money paid before notice
Status: in_force

As against any person claiming under the deed or other writing that has not been recorded before payment by a subsequent purchaser for valuable consideration of the whole or a part of his purchase money, such subsequent purchaser, notwithstanding such deed or other writing recorded before he becomes a complete purchaser, shall have a lien on the property purchased by him for so much of his purchase money as he may have paid before notice of such lien.

Code 1919, § 5200; Code 1950, § 55-104; 2019, c. 712 .
Va. Code Ann. § 55.1-2173 — Virginia Code / Title 55.1 / Subtitle IV / Chapter 21 / Article 5 / Section 55.1-2173
Common Interest Community Board
Status: in_force

This chapter shall be administered by the Common Interest Community Board.

1982, c. 277, § 55-496; 2008, cc. 851 , 871 ; 2019, c. 712 .
Va. Code Ann. § 55.1-1401 — Virginia Code / Title 55.1 / Subtitle III / Chapter 14 / Article 1 / Section 55.1-1401
Appointment of resident agent by nonresident property owner; service of process, etc., on such agent or on Secretary of the Commonwealth
Status: in_force

A. As used in this section, "nonresident property owner" means any nonresident individual or group of individuals who owns and leases commercial real property within a county or city in the Commonwealth.

B. Every nonresident property owner shall appoint and continuously maintain an agent who (i) if such agent is an individual, is a resident of the Commonwealth, or if such agent is a corporation, limited liability company, partnership, or other entity, is authorized to transact business in the Commonwealth and (ii) maintains a business office within the Commonwealth. Every lease executed by or on behalf of nonresident property owners regarding any such real property shall specifically designate such agent and the agent's office address for the purpose of service of any process, notice, order, or demand required or permitted by law to be served upon such nonresident property owner.

C. Whenever any nonresident property owner fails to appoint or maintain an agent, as required in this section, or whenever his agent cannot with reasonable diligence be found, then the Secretary of the Commonwealth shall be an agent of the nonresident property owner upon whom may be served any process, notice, order, or demand. Service may be made on the Secretary of the Commonwealth or any of his staff at his office who shall forthwith cause it to be sent by registered or certified mail addressed to the nonresident property owner at his address as shown on the official tax records maintained by the locality where the property is located.

D. The name and office address of the agent appointed as provided in this section shall be filed in the office of the clerk of the court in which deeds are recorded in the county or city in which the property lies. Recordation shall be in the same book as certificates of fictitious names are recorded as provided by § 59.1-74 for which the clerk shall be entitled to a fee of $10.

E. No nonresident property owner shall maintain an action in the courts of the Commonwealth concerning property for which a designation is required by this section until such designation has been filed.

1973, c. 301, § 55-218.1; 1987, c. 360; 2006, c. 318 ; 2008, c. 119 ; 2019, cc. 365 , 712 .
Va. Code Ann. § 55.1-1308.4 — Virginia Code / Title 55.1 / Subtitle III / Chapter 13 / Section 55.1-1308.4
Opportunity to purchase for resident entities
Status: in_force

A. Notwithstanding any other provision of law, if at any time a resident entity makes an offer to purchase a manufactured home park, the manufactured home park owner shall consider such offer and negotiate with such resident entity in good faith. If the manufactured home park owner declines to accept such offer, the manufactured home park owner shall do so in writing and shall state the good faith reasons for such rejection. The written denial shall be provided to one or more officers of the resident entity.

B. If a manufactured home park owner fails to comply with the provisions of this section, any person with a valid rental agreement for a lot in the manufactured home park may file an action in the circuit court for the locality in which the manufactured home park is located seeking injunctive relief, damages, or both. Such damages shall include actual damages and statutory damages equal to 12 times the amount of the monthly lot rent paid by the tenant or a reasonable amount as determined by the court. The prevailing party shall also be entitled to an award of attorney fees.

C. All manufactured home park owners shall provide written notice of the rights provided by this section by mail to each manufactured home park tenant and by personal delivery to each manufactured home in the manufactured home park at least once annually and shall post written notice of the rights provided by this section in prominent places throughout the manufactured home park.

2026, c. 599 .
Va. Code Ann. § 55.1-333 — Virginia Code / Title 55.1 / Subtitle I / Chapter 3 / Article 2 / Section 55.1-333
Validation of certain sales made under deeds of trust
Status: in_force

All sales that have been made prior to January 1, 1972, under deeds of trust to secure debts and indemnify sureties containing a provision requiring the giving of notice of sale thereunder for a specified number of days by advertisement in one or more newspapers and that were made after publishing the advertisement of sale in a newspaper published daily or in a newspaper published daily except Sunday for the number of days specified in the deed of trust, counting both the day of the first publication and the day of the last publication and intervening Sundays, whether or not such paper was published on Sunday and whether or not such sales were held on the day of the last publication, provided that, in cases when the sale was held on the day of the last publication, the publication was in a newspaper the principal daily edition of which was delivered or publicly sold before the time fixed for the sale, and whether or not the first publication or the last publication, or both, appeared on Sunday, shall be held, and the same are hereby declared, to be valid and effective in all respects, if otherwise valid and effective according to the law then in force, provided, however, that nothing contained in this section shall be construed as affecting any final order entered prior to March 24, 1934, by any court of competent jurisdiction or as affecting any action now pending in any court of competent jurisdiction, and provided further, that nothing in this section shall be so construed as to affect intervening vested rights.

1934, p. 257; Michie Code 1942, § 5167b; Code 1950, § 55-65; 1975, c. 284; 2019, c. 712 .
Va. Code Ann. § 55.1-1209.1 — Virginia Code / Title 55.1 / Subtitle III / Chapter 12 / Article 1 / Section 55.1-1209.1
Employees of the landlord; rental dwelling unit keys and electronic key codes; policies and procedures
Status: in_force

A. As used in this section, "key" means any physical or electronic mechanism used to gain access to a rental dwelling unit.

B. Any landlord who owns more than 200 rental dwelling units that are attached to the same piece of real property in the Commonwealth shall establish:

1. A policy requiring any applicant for employment in any position that will have access to keys for each rental dwelling unit to be subject to a pre-employment criminal history records check; and

2. Written policies and procedures regarding the (i) storage, issuance and return, and security of; (ii) access to; and (iii) if applicable, usage and deactivation of rental dwelling unit keys and electronic key codes.

C. The provisions of this section shall not apply to (i) a financial institution, as defined in § 6.2-100 , or (ii) any person who is a real estate licensee pursuant to Chapter 21 (§ 54.1-2100 et seq.) of Title 54.1.

2023, c. 432 .
Va. Code Ann. § 55.1-355 — Virginia Code / Title 55.1 / Subtitle I / Chapter 3 / Article 4 / Section 55.1-355
Covenant of special warranty
Status: in_force

A covenant by any such grantor "that he will warrant specially the property hereby conveyed" shall have the same effect as if the grantor has covenanted that he and his heirs and personal representatives will forever warrant and defend such property unto the grantee and his heirs, personal representatives, and assigns against the claims and demands of the grantor and all persons claiming or to claim by, through, or under him.

Code 1919, § 5172; Code 1950, § 55-69; 2019, c. 712 .
Va. Code Ann. § 55.1-1603 — Virginia Code / Title 55.1 / Subtitle III / Chapter 16 / Section 55.1-1603
Certain covenants of lessee that "he will not assign without leave" and that "he will leave the premises in good repair."
Status: in_force

In a lease, (i) a covenant by the lessee that "he will not assign without leave" shall have the same effect as a covenant that the lessee will not, during the term, assign, transfer, or set over the premises, or any part of such premises, to any person without the consent, in writing, of the lessor or the lessor's representative or assigns, and (ii) a covenant by the lessee that "he will leave the premises in good repair" shall, subject to the qualifications of § 55.1-1411 , have the same effect as a covenant that the demised premises will, at the expiration or other sooner determination of the term, be peaceably surrendered and yielded to the lessor or the lessor's representatives or assigns in good and substantial repair and condition, reasonable wear and tear excepted.

Code 1919, § 5179; Code 1950, § 55-77; 2019, cc. 11 , 49 , 712 .
Va. Code Ann. § 55.1-2400 — Virginia Code / Title 55.1 / Subtitle V / Chapter 24 / Section 55.1-2400
Definition
Status: in_force

As used in this chapter, "known" in terms of determining whether an owner is "known" includes inspection of tax records and any other inquiry deemed to be reasonable. It need not include inspection of the premises or inspection of title records in the clerk's office in the county or city in which the land is located.

1984, c. 315, § 55-170.1; 1988, c. 312; 1996, c. 551 ; 2019, c. 712 .
Va. Code Ann. § 55.1-2807 — Virginia Code / Title 55.1 / Subtitle V / Chapter 28 / Article 2 / Section 55.1-2807
Statutes declaring watercourses lawful fences continued
Status: in_force

All acts declaring any river, stream, or watercourse, or any part thereof, or any boundary in any county, a lawful fence, or authorizing any court so to declare the same, or enacting a special fence law for any county or any part thereof, and all acts relating to the making or repairing of division fences in any county or in any part thereof that may be in force on the day before the Code of 1887 took effect, shall continue in force.

Code 1950, § 8-873; 1977, c. 624, § 55-303; 2019, c. 712 .
Va. Code Ann. § 55.1-2306 — Virginia Code / Title 55.1 / Subtitle IV / Chapter 23 / Section 55.1-2306
Penalties
Status: in_force

Any person violating any of the provisions of §§ 55.1-2302 through 55.1-2305 is guilty of a Class 2 misdemeanor. At the discretion of the court, any imprisonment may run concurrently with imprisonment imposed by any court for violation of any law similar to the provisions of this chapter.

1978, c. 510, § 55-347; 1979, c. 243; 1996, c. 372 ; 2019, c. 712 .
Va. Code Ann. § 55.1-1246 — Virginia Code / Title 55.1 / Subtitle III / Chapter 12 / Article 5 / Section 55.1-1246
Barring guest or invitee of a tenant
Status: in_force

A. A guest or invitee of a tenant may be barred from the premises by the landlord upon written notice served personally upon the guest or invitee of the tenant for conduct on the landlord's property where the premises are located that violates the terms and conditions of the rental agreement, a local ordinance, or a state or federal law. A copy of the notice shall be served upon the tenant in accordance with this chapter. The notice shall describe the conduct of the guest or invitee that is the basis for the landlord's action.

B. In addition to the remedies against the tenant authorized by this chapter, a landlord may apply to the magistrate for a warrant for trespass, provided that the guest or invitee has been served in accordance with subsection A.

C. The tenant may file a tenant's assertion, in accordance with § 55.1-1244 , requesting that the general district court review the landlord's action to bar the guest or invitee.

1999, cc. 359 , 390 , § 55-248.31:01; 2000, c. 760 ; 2019, c. 712 .
Va. Code Ann. § 55.1-2210 — Virginia Code / Title 55.1 / Subtitle IV / Chapter 22 / Article 2 / Section 55.1-2210
Developer control in time-share estate program
Status: in_force

A. The time-share instrument for a time-share estate program shall provide for a developer control period. All costs associated with the control, management, and operation of the time-share estate project during the developer control period shall belong to the developer, except for time-share estate occupancy expenses that shall, if required by the developer in the time-share instrument, be allocated only to and paid by time-share estate owners other than the developer. Nothing shall preclude the developer, during the developer control period and at any time after the lapse of a purchaser's right of cancellation and without regard to the recordation of the deed, provided that the deed has been delivered to the purchaser or the purchaser's agent, from collecting an annual or specially assessed charge from each time-share estate owner for the payment of the time-share estate occupancy expenses by way of a maintenance fee. However, any such funds received and not spent, or any other funds received and allocated to the benefit of the association, shall be transferred to the association by the developer at the termination of the developer control period.

B. Except to the extent that the purchase contract or time-share instrument expressly provides otherwise, fee simple title to the common elements shall be transferred to the time-share estate owners' association, free of charge, no later than at such time as the developer (i) transfers to purchasers legal or equitable ownership of at least 90 percent of the time-share estates, excluding any reacquisitions by the developer; (ii) is no longer the beneficiary on deeds of trust secured on at least 20 percent of the time-share estates; or (iii) has completed all of the promised common elements and facilities that the time-share estate project comprises, whichever occurs last. The developer may make such transfer when the period has ended for a phase or portion of the time-share estate project. The transfer required of the developer by this subsection shall not exonerate the developer from the responsibility of completion of the promised and incomplete common elements once the transfer occurs. Upon transfer of the time-share project or portion to the association, the developer control period for such project or portion of such project shall terminate.

1981, c. 462, § 55-369; 1985, c. 517; 1989, c. 637; 1991, c. 704; 1993, c. 842; 1994, c. 580 ; 1998, c. 460 ; 2001, c. 543 ; 2008, c. 376 ; 2013, cc. 259 , 327 ; 2019, c. 712 .
Va. Code Ann. § 55.1-710 — Virginia Code / Title 55.1 / Subtitle II / Chapter 7 / Section 55.1-710
Owner liability
Status: in_force

A. Except with respect to the disclosures required by § 55.1-704 , the owner shall not be liable for any error, inaccuracy, or omission of any information delivered pursuant to this chapter if (i) the error, inaccuracy, or omission was not within the actual knowledge of the owner or was based on information provided by public agencies or by other persons providing information that is required to be disclosed pursuant to this chapter, or the owner reasonably believed the information to be correct, and (ii) the owner was not grossly negligent in obtaining the information from a third party and transmitting it. The owner shall not be liable for any error, inaccuracy, or omission of any information required to be disclosed by § 55.1-704 if the error, inaccuracy, or omission was the result of information provided by an officer or employee of the locality in which the property is located.

B. The delivery by a public agency or other person, as described in subsection C, of any information required to be disclosed by this chapter to a prospective purchaser shall be deemed to comply with the requirements of this chapter and shall relieve the owner of any further duty under this chapter with respect to that item of information.

C. The delivery by the owner of a report or opinion prepared by a licensed engineer, land surveyor, geologist, wood-destroying insect control expert, contractor, or home inspection expert, dealing with matters within the scope of the professional's license or expertise, shall satisfy the requirements of this chapter if the information is provided to the prospective purchaser pursuant to a request for such information, whether written or oral. In responding to such a request, an expert may indicate, in writing, an understanding that the information provided will be used in fulfilling the requirements of this chapter and, if so, shall indicate the required disclosures, or portions of such required disclosures, to which the information being furnished is applicable. Where such a statement is furnished, the expert shall not be responsible for any items of information, or portions of items of information, other than those expressly set forth in the statement.

1992, c. 717, § 55-521; 2005, c. 510 ; 2007, c. 265 ; 2019, c. 712 .
Va. Code Ann. § 55.1-1403 — Virginia Code / Title 55.1 / Subtitle III / Chapter 14 / Article 1 / Section 55.1-1403
Perfection of lien or interest in leases, rents, and profits
Status: in_force

The recordation pursuant to § 55.1-600 , in the county or city in which the real property is located, of any deed, deed of trust, or other instrument granting, transferring, or assigning the interest of the grantor, transferor, assignor, pledgor, or lessor in leases, rents, or profits arising from the real property described in such deed, deed of trust, or other instrument shall fully perfect the interest of the grantee, transferee, assignee, or pledgee as to the assignor and all third parties without the necessity of (i) furnishing notice to the assignor or lessee, (ii) obtaining possession of the real property, (iii) impounding the rents, (iv) securing the appointment of a receiver, or (v) taking any other affirmative action. The lessee is authorized to pay the assignor until the lessee receives written notification that rents due or to become due have been assigned and that payment is to be made to the assignee.

1992, c. 67, § 55-220.1; 1993, c. 427; 2019, c. 712 .
Va. Code Ann. § 55.1-1906 — Virginia Code / Title 55.1 / Subtitle IV / Chapter 19 / Article 1 / Section 55.1-1906
Eminent domain
Status: in_force

A. If any portion of the common elements is taken by eminent domain, the award for such taking shall be paid to the unit owners' association, provided, however, that the portion of the award attributable to the taking of any permanently assigned limited common element shall be allocated by the order to the unit owner of the unit to which that limited common element was so assigned at the time of the taking. If that limited common element was permanently assigned to more than one unit at the time of the taking, then the portion of the award attributable to the taking of such limited common element shall be allocated in equal shares to the unit owners of the units to which it was so assigned or in such other shares as the condominium instruments may specify for this express purpose. A permanently assigned limited common element is a limited common element that cannot be reassigned or that can be reassigned only with the consent of the unit owner of the unit to which it is assigned in accordance with § 55.1-1919 .

B. If one or more units are taken by eminent domain, the undivided interest in the common elements appertaining to any such unit shall thenceforth appertain to the remaining units, being allocated to them in proportion to their respective undivided interests in the common elements. The court shall enter an order reflecting the reallocation of undivided interests produced by such taking, and the award shall include just compensation to the unit owner of any unit taken for his undivided interest in the common elements as well as for his unit.

C. 1. If portions of any unit are taken by eminent domain, the court shall determine the fair market value of the portions of such unit not taken, and the undivided interest in the common elements appertaining to any such units shall be reduced, in the case of each such unit, in proportion to the diminution in the fair market value of such unit resulting from the taking.

2. The portions of undivided interest in the common elements thereby divested from the unit owners of any such units shall be reallocated among those units and the other units in the condominium in proportion to their respective undivided interests in the common elements, with any units partially taken participating in such reallocation on the basis of their undivided interests as reduced in accordance with subdivision 1.

3. The court shall enter an order reflecting the reallocation of undivided interests produced thereby, and the award shall include just compensation to the unit owner of any unit partially taken for that portion of his undivided interest in the common elements divested by operation of subdivision 1 and not revested by operation of subdivision 2, as well as for that portion of his unit taken by eminent domain.

D. If, however, the taking of a portion of any unit makes it impractical to use the remaining portion of that unit for any lawful purpose permitted by the condominium instruments, then the entire undivided interest in the common elements appertaining to that unit shall thenceforth appertain to the remaining units, being allocated to them in proportion to their respective undivided interests in the common elements, and the remaining portion of that unit shall thenceforth be a common element. The court shall enter an order reflecting the reallocation of undivided interests produced thereby, and the award shall include just compensation to the unit owner of such unit for his entire undivided interest in the common elements and for his entire unit.

E. Votes in the unit owners' association, rights to future common surpluses, and liabilities for future common expenses not specially assessed, appertaining to any unit taken or partially taken by eminent domain, shall thenceforth appertain to the remaining units, being allocated to them in proportion to their relative voting strength in the unit owners' association, with any units partially taken participating in such reallocation as though their voting strength in the unit owners' association had been reduced in proportion to the reduction in their undivided interests in the common elements, and the order of the court shall provide accordingly.

F. The order of the court shall require the recordation of such order among the land records of the county or city in which the condominium is located.

1974, c. 416, § 55-79.44; 1975, c. 415; 1982, c. 545; 1998, c. 32 ; 2019, c. 712 ; 2020, c. 592 .
Va. Code Ann. § 55.1-3002 — Virginia Code / Title 55.1 / Subtitle V / Chapter 30 / Section 55.1-3002
Provisions applicable to residential executory real estate contracts
Status: in_force

A. Notwithstanding any other provision of law, a residential executory real estate contract shall be subject to the Virginia Residential Landlord and Tenant Act (§ 55.1-1200 et seq.).

B. Notwithstanding any other provision of law, the following provisions shall be applicable to every residential executory real estate contract:

1. The purchaser shall have the right to exercise the option to purchase the property at any time before the option expires, and no fee or penalty shall be charged to any purchaser who exercises the option at an earlier time than anticipated under the contract.

2. If the purchaser defaults in the payment of rent or other requirements under a lease, the vendor may serve notice of such default. If default is limited solely to failure to pay rent or other monetary charges, the vendor may terminate the lease and recover possession of the premises only if the delinquent obligation remains outstanding more than 30 days after notice is served upon the purchaser notifying him of (i) the nonpayment, (ii) the amount of the delinquency, and (iii) the vendor's intention to terminate the lease if the default is not timely cured.

3. The vendor may not forfeit the option payment or any portion of such payment, provided, however, that the vendor may apply the option payment (i) to any amounts owed by such purchaser under the residential executory real estate contract or (ii) as otherwise directed by court order in an interpleader action filed by such vendor pursuant to § 8.01-364 in a court of competent jurisdiction.

4. If the vendor defaults, the purchaser shall be entitled to bring an action in a court of competent jurisdiction (i) to enjoin further violations; (ii) to recover the purchaser's actual damages; (iii) for specific performance of the contract; (iv) for rescission; or (v) to receive other equitable relief as the court may find appropriate in the interests of justice.

5. The prevailing party in any proceeding under this chapter in a court of competent jurisdiction may be awarded reasonable attorney fees and costs.

C. A residential executory real estate contract may be recorded among the land records in the office of the clerk of the circuit court where the real property is located.

D. The provisions contained in this section shall not be waived by contract.

2019, c. 511 , § 55-252.3.
Va. Code Ann. § 55.1-1212.1 — Virginia Code / Title 55.1 / Subtitle III / Chapter 12 / Article 1 / Section 55.1-1212.1
(Effective January 1, 2027) Installation of small portable solar generation devices
Status: in_force

A. As used in this section, "small portable solar generation device" means a moveable photovoltaic generation device that (i) has a maximum power output of not more than 1,200 watts per dwelling unit; (ii) is designed to be connected to the electrical system of a building through an electrical outlet; (iii) is located on the customer's side of the electric meter and intended primarily to offset part of the customer's electricity consumption; (iv) meets the standards of the most recent version of the National Electrical Code; (v) is certified by a nationally recognized testing laboratory, as described in 29 C.F.R. § 1910.7, or an equivalent nationally recognized testing laboratory; and (vi) includes a device or feature that prevents the device from affecting or exporting power to the electrical system of the building during a power outage. A small portable solar generation device that has a maximum power output to the receptacle outlet of not more than 391 watts is exempt from product listing provisions that would require alterations to the building's premises, wiring, or electrical panels.

B. No landlord who owns more than four rental dwelling units or more than a 10 percent interest in more than four rental dwelling units, whether individually or through a business entity, in the Commonwealth shall prohibit a tenant from installing a small portable solar generation device on the exterior of the tenant's premises. However, a landlord may establish reasonable restrictions concerning the size, place, and manner of placement of such small portable solar generation devices. The landlord may prohibit or restrict the installation of such small portable solar generation devices elsewhere on the premises.

C. A tenant shall provide notice to the landlord pursuant to this chapter of his intent to install a small portable solar generation device with documentation that such device meets the requirements in subsection A and that identifies the proposed location for installation at least seven days prior to installation. The landlord may respond to such notice with any reasonable restrictions concerning the size, place, and manner of placement of such device.

D. The tenant shall be responsible for any damages sustained to the rental dwelling unit or the premises as a result of any small portable solar generation device installed pursuant to this section. No landlord shall be liable for failing to maintain a fit and habitable dwelling or provide an essential service under § 55.1-1220 , 55.1-1234 , 55.1-1234.1 , 55.1-1239 , 55.1-1241 , 55.1-1243.1 , 55.1-1244 , 55.1-1244.1 , 55.1-1245 , or 55.1-1248 based on a condition in the rental dwelling unit or premises caused solely by a small portable solar generation device installed on such premises.

E. No tenant renting a unit that is subject to ratio utility billing system as defined in § 55.1-1212 may utilize or install a small portable generation device nor shall a tenant utilize or install such a device if it would require alterations to the building's premises, wiring, or electrical panels without express written approval of the tenant's landlord.

2026, cc. 998 , 1052 .
Va. Code Ann. § 55.1-713 — Virginia Code / Title 55.1 / Subtitle II / Chapter 7 / Section 55.1-713
Actions under this chapter
Status: in_force

A. Notwithstanding any other provision of this chapter or any other statute or regulation, no cause of action shall arise against an owner or a real estate licensee for failure to disclose that the real property was the site of:

1. An act or occurrence that had no effect on the physical structure of the real property, its physical environment, or the improvements located thereon; or

2. A homicide, felony, or suicide.

B. The purchaser's remedies for failure of an owner to comply with the provisions of this chapter are as follows:

1. If the owner fails to provide any of the applicable disclosures required by this chapter, the contract may be terminated subject to the provisions of subsection B of § 55.1-709 .

2. In the event that the owner fails to provide any of the applicable disclosures required by this chapter, or the owner misrepresents, willfully or otherwise, the information required in such disclosure, except as result of information provided by an officer or employee of the locality in which the property is located, the purchaser may maintain an action to recover his actual damages suffered as the result of such violation. Notwithstanding the provisions of this subdivision, no purchaser of residential real property located in a noise zone designated on the official zoning map of the locality as having a day-night average sound level of less than 65 decibels shall have a right to maintain an action for damages pursuant to this section.

C. Any action brought under this section shall be commenced within one year of the date the purchaser received the applicable disclosures required by this chapter. If the disclosures required by this chapter were not delivered to the purchaser, an action shall be commenced within one year of the date of settlement, if by sale, or occupancy, if by lease with an option to purchase.

Nothing contained in this chapter shall prevent a purchaser from pursuing any remedies at law or equity otherwise available against an owner in the event of an owner's intentional or willful misrepresentation of the condition of the subject property.

1992, c. 717, § 55-524; 1993, c. 847; 2005, c. 510 ; 2007, c. 265 ; 2017, c. 386 ; 2019, c. 712 .
Va. Code Ann. § 55.1-2812 — Virginia Code / Title 55.1 / Subtitle V / Chapter 28 / Article 4 / Section 55.1-2812
Impounding animals
Status: in_force

Whenever any animal is found trespassing upon any grounds enclosed by a lawful fence, the owner or tenant of such enclosed grounds shall have the right to take up and impound such animal until the damages provided for pursuant to this article have been paid, or until such animal is taken under execution by the officer as provided by § 55.1-2811 . The costs of taking up and impounding such animal shall be estimated as a part of the actual damage.

Code 1950, § 8-878; 1977, c. 624, § 55-308; 2019, c. 712 .
Va. Code Ann. § 55.1-1308.5 — Virginia Code / Title 55.1 / Subtitle III / Chapter 13 / Section 55.1-1308.5
Affidavit of compliance with notice requirements
Status: in_force

A seller of a manufactured home park shall record with the circuit court of the locality in which the manufactured home park is located an affidavit in which the seller has certified that he has complied with the requirements of §§ 55.1-1308.3 and 55.1-1308.4 . Such affidavit shall include a copy of the notices sent pursuant to §§ 5 5.1-1308.3 and 55.1-1308.4 . The recordation of such affidavit shall be presumptive evidence of compliance for purposes of good title in the hands of a bona fide purchaser, and failure to record such affidavit shall be presumptive evidence of noncompliance with §§ 55.1-1308.3 and 55.1-1308.4 .

2026, c. 599 .
Va. Code Ann. § 55.1-1940.1 — Virginia Code / Title 55.1 / Subtitle IV / Chapter 19 / Article 3 / Section 55.1-1940.1
Termination and duration of certain management contracts
Status: in_force

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.

2023, c. 109 ; 2025, c. 105 .
Va. Code Ann. § 55.1-1423 — Virginia Code / Title 55.1 / Subtitle III / Chapter 14 / Article 5 / Section 55.1-1423
How judgment of forfeiture prevented
Status: in_force

If any party having right or claim to lands subject to a proceeding filed pursuant to § 55.1-1419 , at any time before the trial in such ejectment, pays to the party entitled to such rent, or to his attorney, or pays into court, all the rent and arrears owed, along with any reasonable attorney fees and late charges contracted for in a written rental agreement, interest, and costs, all further proceedings in the ejectment shall cease. If the person claiming the land is relieved, he is entitled to hold the land in the same manner as he was prior to the commencement of the proceedings, without a new lease or conveyance. If the parties dispute the amount of rent and other charges owed, the court shall take evidence on the issue and make orders for the tender, payment, or refund of any appropriate amounts.

Code 1919, § 5534; Code 1950, § 55-243; 1992, c. 427; 1998, c. 269 ; 2010, c. 793 ; 2012, c. 788 ; 2013, c. 563 ; 2019, c. 712 .
Va. Code Ann. § 55.1-1000 — Virginia Code / Title 55.1 / Subtitle II / Chapter 10 / Section 55.1-1000
Definitions
Status: in_force

As used in this chapter, unless the context requires a different meaning:

"Association" means the National Association of Insurance Commissioners.

"Closing disclosure" means the combined mortgage loan disclosure statement of final loan terms and closing costs prescribed under the Real Estate Settlement Procedures Act of 1974 (RESPA)(12 U.S.C. § 2601 et seq.) and Consumer Financial Protection Bureau Regulation X (12 C.F.R. Part 1024) and Regulation Z (12 C.F.R. Part 1026).

"Commission" means the State Corporation Commission.

"Escrow" means written instruments, money, or other items deposited by a party with a settlement agent for delivery to other persons upon the performance of specified conditions or the happening of a certain event.

"Escrow, closing, or settlement services" means the administrative and clerical services required to carry out the terms of contracts affecting real estate. These services include placing orders for title insurance, receiving and issuing receipts for money received from the parties, ordering loan checks and payoffs, ordering surveys and inspections, preparing settlement statements or closing disclosures, determining that all closing documents conform to the parties' contract requirements, setting the closing appointment, following up with the parties to ensure that the transaction progresses to closing, ascertaining that the lenders' instructions have been satisfied, conducting a closing conference at which the documents are executed, receiving and disbursing funds, completing form documents and instruments selected by and in accordance with instructions of the parties to the transaction, handling or arranging for the recording of documents, sending recorded documents to the lender, sending the recorded deed and the title policy to the buyer, and reporting federal income tax information for the real estate sale to the Internal Revenue Service.

"Lay real estate settlement agent" means a person who (i) is not licensed as an attorney under Chapter 39 (§ 54.1-3900 et seq.) of Title 54.1; (ii) is not a party to the real estate transaction; (iii) provides escrow, closing, or settlement services in connection with a transaction related to any real estate in the Commonwealth; and (iv) is listed as the settlement agent on the settlement statement or closing disclosure for such transaction.

"Licensing authority" means the (i) Commission acting pursuant to this chapter, Title 6.2, Title 12.1, or Title 38.2; (ii) the Virginia State Bar acting pursuant to this chapter or Chapter 39 (§ 54.1-3900 et seq.) of Title 54.1; or (iii) the Real Estate Board acting pursuant to this chapter or Chapter 21 (§ 54.1-2100 et seq.) of Title 54.1.

"Party to the real estate transaction" means, with respect to that real estate transaction, a lender, seller, purchaser, or borrower and, with respect to a corporate purchaser, any entity that is a subsidiary of or under common ownership with that corporate purchaser.

"Settlement agent" means a person, other than a party to the real estate transaction, that provides escrow, closing, or settlement services in connection with a transaction related to real estate in the Commonwealth and that is listed as the settlement agent on the settlement statement or closing disclosure for such transaction. Any person, other than a party to the transaction, who conducts the settlement conference and receives or handles money shall be deemed a "settlement agent" subject to the applicable requirements of this chapter.

"Settlement statement" means the statement of receipts and disbursements for a transaction related to real estate, including a statement prescribed under the Real Estate Settlement Procedures Act of 1974 (RESPA)(12 U.S.C. § 2601 et seq.), as amended, and the regulations thereunder.

1997, c. 716 , § 6.1-2.20; 1998, cc. 69 , 598 ; 1999, c. 647 , § 6.1-2.32; 2002, c. 375 ; 2010, c. 794 , § 55-525.16; 2016, c. 619 ; 2019, c. 712 .
Va. Code Ann. § 55.1-2218 — Virginia Code / Title 55.1 / Subtitle IV / Chapter 22 / Article 3 / Section 55.1-2218
Certain advertising practices regulated
Status: in_force

A. Any offering that includes a gift or prize shall disclose in such offering, with the same prominence as such offer:

1. The retail value of each gift or prize;

2. The approximate odds against any given person obtaining each gift or prize if all persons to whom the advertisement is disseminated do what is necessary to qualify for the award of the gift or prize;

3. If the number of gifts or prizes to be awarded is limited, a statement of the number of gifts or prizes to be awarded or, in lieu of such statement, the nature of such limitation;

4. All rules, terms, requirements, and conditions that shall be fulfilled before a prospective purchaser may claim any gift or prize, including whether the prospective purchaser is required to attend a sales presentation in order to receive the gift or prize;

5. The date upon which the offer expires; and

6. A statement to the effect that the offer is being made for the purpose of soliciting the purchase of a time-share, time-share interest, interval ownership, interval ownership interest, vacation ownership, vacation ownership interest, or product, as appropriate.

B. Any gift or prize offered in connection with an offering shall be delivered to the prospective purchaser no later than the day the purchaser attends a sales presentation, if required, and if not, on the day the purchaser appears to claim it, whether or not he purchases a time-share. In the event that the supply of gifts or prizes is exhausted at the time required for delivery, the developer shall give the prospective purchaser a written, unconditional promise to deliver such gift or prize no later than 30 days from the date required for delivery. If such gift or prize is not obtainable, the developer shall deliver an item of equal or greater value.

C. The offering or sale of any product registered with the Board is exempt from the Virginia Securities Act (§ 13.1-501 et seq.), Chapter 9 (§ 55.1-900 et seq.), the Virginia Condominium Act (§ 55.1-1900 et seq.), the Subdivided Land Sales Act (§ 55.1-2300 et seq.), the Virginia Home Solicitation Sales Act (§ 59.1-21.1 et seq.), the Prizes and Gifts Act (§ 59.1-415 et seq.), and the Virginia Travel Club Act (§ 59.1-445 et seq.).

1983, c. 59, § 55-374.1; 1984, c. 333; 1985, c. 517; 1991, c. 704; 1994, c. 580 ; 1996, c. 372 ; 1998, c. 460 ; 2006, c. 653 ; 2008, cc. 851 , 871 ; 2019, c. 712 .
Va. Code Ann. § 55.1-349 — Virginia Code / Title 55.1 / Subtitle I / Chapter 3 / Article 3 / Section 55.1-349
Secured creditor to submit satisfaction for recording; liability for failure
Status: in_force

A. A secured creditor shall submit for recording a satisfaction of a security instrument within 90 days after the creditor receives full payment or performance of the secured obligation in accordance with subsection B of § 55.1-339 . If a security instrument secures a line of credit or future advances, the secured obligation is fully performed only if, in addition to full payment, the secured creditor has received a notification requesting the creditor to terminate the line of credit or containing a statement sufficient to terminate the effectiveness of the provision for future advances in the security instrument.

B. A secured creditor who is required to submit a satisfaction of a security instrument for recording and fails to do so by the end of the period specified in subsection A is subject to liability under § 55.1-339 .

2006, c. 907 , § 55-66.11; 2019, c. 712 .
Va. Code Ann. § 55.1-2520 — Virginia Code / Title 55.1 / Subtitle V / Chapter 25 / Article 1 / Section 55.1-2520
Employee benefit trust distribution
Status: in_force

A. All employee benefit trust distributions and any income or other increment thereon are abandoned to the Commonwealth under the provisions of this chapter if the owner has not, within 10 years after it became payable, accepted such distribution, corresponded in writing concerning such distribution, or otherwise indicated an interest as evidenced by a memorandum or other record on file with the fiduciary of the trust or custodial fund or administrator of the plan under which such trust or fund is established.

B. An employee benefit trust distribution and any income or other increment thereon shall not be presumed abandoned to the Commonwealth under the provisions of this chapter if, at the time such distribution becomes payable to a participant in an employee benefit plan, (i) such plan contains a provision for forfeiture or expressly authorizes the trustee to declare a forfeiture of a distribution to a beneficiary thereof who cannot be found after a period of time specified in such plan and (ii) the trust or fund established under the plan has not terminated prior to the date on which such distribution would become forfeitable in accordance with such provision.

1981, c. 47, § 55-210.10:1; 2000, cc. 733 , 745 ; 2019, c. 712 .
Va. Code Ann. § 55.1-2232 — Virginia Code / Title 55.1 / Subtitle IV / Chapter 22 / Article 3 / Section 55.1-2232
Class actions
Status: in_force

A. No time-share owner can bring an action on behalf of other time-share owners unless he has received the written authorization to represent all other time-share owners within the project.

B. Notwithstanding the provisions of subsection A, the association may bring an action on behalf of the time-share owners with the authorization of the time-share owners within the project upon the two-thirds majority vote of the board of directors, if such action is found to be in the best interest of the association.

C. For purposes of this section, the developer shall not be deemed a time-share owner and his written permission shall not be required.

1981, c. 462, § 55-384; 1989, c. 637; 2019, c. 712 .
Va. Code Ann. § 55.1-1001 — Virginia Code / Title 55.1 / Subtitle II / Chapter 10 / Section 55.1-1001
Limitation on applicability of chapter
Status: in_force

Nothing in this chapter shall be construed to prevent a person licensed under Chapter 21 (§ 54.1-2100 et seq.) of Title 54.1, or such licensee's employees or independent contractors, from performing escrow, closing, or settlement services to facilitate the settlement of a transaction in which the licensee is involved without complying with the provisions of this chapter, so long as the licensee, the licensee's employees, or independent contractors are not named as the settlement agent on the settlement statement or closing disclosure and the licensee is otherwise not prohibited from performing such services by law or regulation.

1997, c. 716 , § 6.1-2.19; 1998, cc. 69 , 162 , 736 ; 1999, c. 647 , § 6.1-2.30; 2010, c. 794 , § 55-525.17; 2016, c. 619 ; 2019, c. 712 .
Va. Code Ann. § 55.1-1944 — Virginia Code / Title 55.1 / Subtitle IV / Chapter 19 / Article 3 / Section 55.1-1944
Deposit of funds
Status: in_force

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' association and shall be segregated for each account in the records of the managing agent in a manner that permits the funds to be identified on an individual unit owners' association basis.

2007, cc. 696 , 712 , § 55-79.74:01; 2019, c. 712 .
Va. Code Ann. § 55.1-2213 — Virginia Code / Title 55.1 / Subtitle IV / Chapter 22 / Article 2 / Section 55.1-2213
Time-share estate owners' association annual report
Status: in_force

A. Commencing with the time-share estate program and within 180 days after the close of each fiscal year thereafter, an annual report shall be prepared and distributed to all time-share estate owners. Such annual report shall be prepared and distributed for each time-share estate project registered with the Board. During the developer control period, the annual report shall be prepared and distributed to all time-share purchasers by the developer or its designated managing entity. After the developer control period, such annual report shall be prepared and distributed by the association.

B. The annual report shall contain the following:

1. The full legal name of the time-share project and its address;

2. The full legal name of the association;

3. A list of the names and mailing addresses of the members of the association's board of directors and the name of the person who prepared the report;

4. The managing entity's name, address, and contact person, if any, for the project;

5. A statement of whether or not the developer control period has terminated for the time-share estate project;

6. Financial statements of the association audited by an independent certified public accounting firm of the association that contain at least the following:

a. A balance sheet as of the end of the fiscal year;

b. An income statement as of the end of the fiscal year; and

c. A statement of the net changes in the financial position of the association for the fiscal year just ended;

7. A statement of the time-share estates occupancy expenses, the regular assessment, and any special assessments or other charges due for the current year from each time-share estate owner;

8. A copy of the current budget reflecting the anticipated time-share estate occupancy expenses along with:

a. A statement as to who prepared the budget;

b. A statement of the budgetary assumptions concerning occupancy factors;

c. A description of any provision made in the budget for reserves for repairs and replacement;

d. A statement of any other reserves;

e. The projected financial liability for each time-share estate owner, including a statement of (i) the nature of all charges, assessments, maintenance fees, and other expenses that may be assessed; (ii) the current amounts assessed; and (iii) the method and formula for changing any such assessments; and

f. A statement of any services not reflected in the budget that the developer provides, or expenses that it pays, that the association expects may become a time-share expense at any subsequent time, and the projected time-share expense assessment attributable to each of those services or expenses for the association and for each time-share; and

9. A statement of the location of the books and records of the association along with the name and contact address of the custodian of such books and records.

C. In lieu of the annual report required by subsection A, during the first 12 months of the time-share program, the developer or the association shall prepare a budget that shall contain the information contained in subdivision B 8.

1985, c. 517, § 55-370.1; 1991, c. 704; 1994, c. 580 ; 1998, c. 460 ; 2014, c. 533 ; 2019, c. 712 .
Va. Code Ann. § 55.1-1500 — Virginia Code / Title 55.1 / Subtitle III / Chapter 15 / Section 55.1-1500
Definitions
Status: in_force

As used in this chapter:

"Land" is a three-dimensional concept and includes parcels with upper or lower boundaries, or both upper and lower boundaries, as well as parcels extending ab solo usque ad coelum. Parcels of airspace constitute land within the meaning of this chapter. Any requirement in this chapter of a legally sufficient description shall be deemed to include a requirement that the upper and lower boundaries, if any, of the parcel in question be identified with reference to established data.

"Obligee" means any person or entity to whom a residential ground rent is owed.

"Obligor" means one or more individuals who are obligated to pay a residential ground rent.

"Residential ground rent" means a rent or charge paid for the use of land, whether or not title to such land is transferred to the user, or a lease of land, for personal residential purposes, (i) which is assignable by the obligor without the obligee's consent; (ii) which is for a term in excess of 15 years, including any rights of renewal at the option of the obligor; (iii) where the obligor has a present or future right to terminate such ground rent and to acquire the entire interest of the obligee in the land by the payment of a determined or determinable amount; and (iv) where the obligee's interest in the land is primarily a security interest to protect his right to be paid the rent or charge.

1975, c. 363, § 55-79.01; 1992, c. 438; 2019, c. 712 .
Va. Code Ann. § 55.1-1823 — Virginia Code / Title 55.1 / Subtitle IV / Chapter 18 / Article 3 / Section 55.1-1823
Designation of authorized representative
Status: in_force

Except as expressly authorized in this chapter or in the declaration or as otherwise provided by law, no association shall require any lot owner to execute a formal power of attorney if the lot owner designates a person licensed under the provisions of § 54.1-2106.1 as the lot owner's authorized representative, and the association shall recognize such representation without a formal power of attorney, provided that the association is given a written authorization that includes the designated representative's name, contact information, and license number and the lot owner's signature. Notwithstanding the foregoing, the requirements of § 13.1-849 of the Virginia Nonstock Corporation Act (§ 13.1-801 et seq.) and the association's declaration, bylaws, and articles of incorporation shall be satisfied before any such representative may exercise a vote on behalf of a lot owner as a proxy.

2008, cc. 851 , 871 , § 55-509.4; 2010, c. 165 ; 2014, c. 216 ; 2016, c. 471 ; 2017, cc. 387 , 405 ; 2018, c. 226 ; 2019, c. 712 ; 2022, cc. 65 , 66 ; 2023, cc. 387 , 388 .
Va. Code Ann. § 55.1-2438 — Virginia Code / Title 55.1 / Subtitle V / Chapter 24 / Section 55.1-2438
How money paid into state treasury from escheats may be recovered
Status: in_force

A. If within 120 days from the date of sale, a purchaser submits evidence satisfactory to the State Treasurer that the property described in the grant does not exist or was improperly escheated, the State Treasurer may refund the purchase price, less the expenses of sale and the escheator's fee. Before any such refund is made, the purchaser shall return the grant to the State Treasurer, who shall inform the Librarian of Virginia of its return. Both of these officials shall note the grant's return in their records. When the Commonwealth has recorded the grant, the purchaser shall record a quitclaim deed and send proof thereof to the State Treasurer prior to the issuance of any refund.

B. After any sale of escheated lands and upon certification verified by oath of the local treasurer or other officer charged with the collection of local real estate taxes that the land so sold was, at the time of escheat to the Commonwealth, subject to the lien of unpaid local real estate taxes or that the land so sold was, at any time prior to sale, subject to other assessments, including liens for demolition, cutting or removing weeds, or abating any nuisance on the escheated land, all of which assessments were validly assessed, levied, or imposed by the locality on the lands within 20 years preceding the date of the escheat or inquest, the State Treasurer shall, upon receipt of the proceeds of sale, deduct the escheator's commission and costs of the inquest and sale. The State Treasurer shall then pay to the local treasurer out of the net proceeds of such sale, if any, the amount of the local real estate taxes and assessments, including accrued penalties and interest, up to but not exceeding the amount of the funds remaining in the hands of the State Treasurer from the proceeds of the sale. To the extent that local taxes and other appropriate local charges exceed the proceeds obtained for such escheated land at the escheat sale, such local taxes and other charges are exonerated. Any other liens on property that was escheated and sold shall shift to the proceeds of the sale and shall no longer remain a lien on the property.

C. Any person who had not asserted a claim before the sale of escheated property, being entitled to any property so escheated and sold, may recover so much of the net proceeds as remain after deduction of the escheator's commission, costs of the inquest and sale, and allowance of claims for unpaid real estate taxes and assessments due on the land or from any creditors of the decedent. The same may be allowed by the State Treasurer or, if a claim in any such case is rejected by him, a petition for recovery may be made in the manner provided in § 8.01-192 for recovering claims against the Commonwealth, but subject to the limitation in § 8.01-255 .

Code 1919, § 521; Code 1950, § 55-200; 1968, c. 626; 1977, c. 583; 1979, c. 340; 1980, c. 213; 1981, c. 514; 1983, c. 482; 1984, c. 315; 1988, c. 377; 1998, c. 427 ; 2019, c. 712 .
Va. Code Ann. § 55.1-1236 — Virginia Code / Title 55.1 / Subtitle III / Chapter 12 / Article 4 / Section 55.1-1236
Early termination of rental agreements by victims of family abuse, sexual abuse or other criminal sexual assault, or stalking
Status: in_force

A. Any tenant who is a victim of (i) family abuse as defined by § 16.1-228 , (ii) sexual abuse as defined by § 18.2-67.10 or other criminal sexual assault under Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2, (iii) stalking in violation of § 18.2-60.3 , or (iv) trafficking in violation of Article 3 (§ 18.2-344 et seq.) of Chapter 8 of Title 18.2 may terminate such tenant's obligations under a rental agreement under the following circumstances:

1. The victim has obtained an order of protection pursuant to § 16.1-253.1 or 16.1-279.1 during the term of an active and current rental agreement and has given written notice of termination in accordance with subsection B during the period of the protective order or any extension thereof;

2. The victim has obtained a preliminary protective order pursuant to § 19.2-152.9 or a permanent protective order pursuant to § 19.2-152.10 during the term of an active and current rental agreement and has given written notice of termination in accordance with subsection B during the period of the protective order or any extension thereof; or

3. A court has entered an order convicting a perpetrator of, or a magistrate, law-enforcement agency, grand jury, special grand jury, or court has issued a warrant, summons, information, or indictment charging a person with, any crime of sexual assault under Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2, sexual abuse as defined by § 18.2-67.10 , family abuse as defined by § 16.1-228 , stalking in violation of § 18.2-60.3 , or trafficking in violation of Article 3 (§ 18.2-344 et seq.) of Chapter 8 of Title 18.2 against the victim during the term of an active and current rental agreement and the victim gives written notice of termination in accordance with subsection B. A victim may exercise a right of termination under this section to terminate a rental agreement in effect when the conviction order is entered and one subsequent rental agreement based upon the same conviction.

B. A tenant who qualifies to terminate such tenant's obligations under a rental agreement pursuant to subsection A shall do so by serving on the landlord a written notice of termination to be effective 28 days after the tenant serves the termination notice on the landlord. The tenant shall also provide the landlord with a copy of (i) the order of protection issued or (ii) the conviction order, warrant, summons, information, or indictment.

C. The rent shall be payable at such time as would otherwise have been required by the terms of the rental agreement through the effective date of the termination as provided in subsection B.

D. The landlord may not charge any liquidated damages.

E. The victim's obligations as a tenant under § 55.1-1227 shall continue through the effective date of the termination as provided in subsection B. Any co-tenants on the lease with the victim shall remain responsible for the rent for the balance of the term of the rental agreement. If the perpetrator is the remaining sole tenant obligated on the rental agreement, the landlord may terminate the rental agreement and collect actual damages for such termination against the perpetrator pursuant to § 55.1-1251 .

2013, c. 531 , § 55-248.21:2; 2019, c. 712 ; 2024, c. 302 ; 2025, c. 593 .
Va. Code Ann. § 55.1-2603 — Virginia Code / Title 55.1 / Subtitle V / Chapter 26 / Section 55.1-2603
Status of title to property acquired from museum
Status: in_force

Any person who purchases property from a museum acquires good title to the property if the museum represents that it has acquired title to the property pursuant to § 55.1-2601 .

2002, c. 883 , § 55-210.34; 2019, c. 712 .
Va. Code Ann. § 55.1-1239 — Virginia Code / Title 55.1 / Subtitle III / Chapter 12 / Article 4 / Section 55.1-1239
Wrongful failure to supply an essential service
Status: in_force

A. If contrary to the rental agreement or provisions of this chapter the landlord willfully or negligently fails to supply an essential service, the tenant shall serve a written notice on the landlord specifying the breach, if acting under this section, and, in such event and after allowing the landlord reasonable time to correct such breach, may:

1. Recover damages based upon the diminution in the fair rental value of the dwelling unit; or

2. Procure reasonable substitute housing during the period of the landlord's noncompliance, in which case the tenant is excused from paying rent for the period of the landlord's noncompliance, as determined by the court.

B. If the tenant proceeds under this section, he shall be entitled to recover reasonable attorney fees; however, he may not proceed under § 55.1-1234 as to that breach. The rights of the tenant under this section shall not arise until he has given written notice to the landlord; however, no rights arise if the condition was caused by the deliberate or negligent act or omission of the tenant, an authorized occupant, or a guest or invitee of the tenant.

1974, c. 680, § 55-248.23; 1982, c. 260; 2000, c. 760 ; 2019, c. 712 .
Va. Code Ann. § 55.1-1970 — Virginia Code / Title 55.1 / Subtitle IV / Chapter 19 / Article 4 / Section 55.1-1970
Common Interest Community Board
Status: in_force

This chapter shall be administered by the Common Interest Community Board.

1974, c. 416, § 55-79.86; 2008, cc. 851 , 871 ; 2019, c. 712 .
Va. Code Ann. § 55.1-1255 — Virginia Code / Title 55.1 / Subtitle III / Chapter 12 / Article 5 / Section 55.1-1255
Authority of sheriffs to store and sell personal property removed from residential premises; recovery of possession by owner; disposition or sale
Status: in_force

Notwithstanding the provisions of § 8.01-156 , when personal property is removed from a dwelling unit, the premises, or any storage area provided by the landlord pursuant to an action of unlawful detainer or ejectment, or pursuant to any other action in which personal property is removed from the dwelling unit in order to restore the dwelling unit to the person entitled to such dwelling unit, the sheriff shall oversee the removal of such personal property to be placed into the public way. The tenant shall have the right to remove his personal property from the public way during the 24-hour period after eviction. Upon the expiration of the 24-hour period after eviction, the landlord shall remove, or dispose of, any such personal property remaining in the public way.

At the landlord's request, any personal property removed pursuant to this section shall be placed into a storage area designated by the landlord, which may be the dwelling unit. The tenant shall have the right to remove his personal property from the landlord's designated storage area at reasonable times during the 24 hours after eviction or at such other reasonable times until the landlord has disposed of the property as provided in this section. During that 24-hour period and until the landlord disposes of the remaining personal property of the tenant, the landlord and the sheriff shall not have any liability for the risk of loss for such personal property. If the landlord fails to allow reasonable access to the tenant to remove his personal property as provided in this section, the tenant shall have a right to injunctive or other relief as otherwise provided by law.

Any property remaining in the landlord's storage area upon the expiration of the 24-hour period after eviction may be disposed of by the landlord as the landlord sees fit or appropriate. If the landlord receives any funds from any sale of such remaining property, the landlord shall pay such funds to the account of the tenant and apply the funds to any amounts due the landlord by the tenant, including the reasonable costs incurred by the landlord in the eviction process described in this section or the reasonable costs incurred by the landlord in selling or storing such property. If any funds are remaining after application, the remaining funds shall be treated as a security deposit under the provisions of § 55.1-1226 .

The notice posted by the sheriff with the writ of eviction setting the date and time of the eviction, pursuant to § 8.01-470 , shall provide notice to the tenant of the rights afforded to tenants in this section and shall include a copy of this statute attached to, or made a part of, the notice.

2001, c. 222 , § 55-248.38:2; 2006, c. 129 ; 2013, c. 563 ; 2019, cc. 180 , 700 , 712 .
Va. Code Ann. § 55.1-1941 — Virginia Code / Title 55.1 / Subtitle IV / Chapter 19 / Article 3 / Section 55.1-1941
Amendment to condominium instruments; consent of mortgagee
Status: in_force

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 text of the proposed amendment by certified mail, return receipt requested, to the mortgagee at the address supplied by such mortgagee in a written request to the unit owners' association to receive notice of proposed amendments to the condominium instruments and receives no written objection to the adoption of the amendment from the mortgagee within 60 days of the date that the notice of amendment is sent by the unit owners' association, unless the condominium instruments expressly provide otherwise. If the mortgagee has not supplied an address to the unit owners' association, the unit owners' association shall be deemed to have received the written consent of a mortgagee if the unit owners' association sends the text of the proposed amendment by certified mail, return receipt requested, to the mortgagee at the address filed in the land records or with the local tax assessor's office and receives no written objection to the adoption of the amendment from the mortgagee within 60 days of the date that the notice of amendment is sent by the unit owners' association, unless the condominium instruments expressly provide otherwise.

B. Any amendment adopted without the required consent of a mortgagee shall be voidable only by an institutional lender that was entitled to notice and an opportunity to consent. An action to void an amendment shall be subject to the one-year statute of limitations set forth in subsection C of § 55.1-1934 beginning on the date of recordation of the amendment.

C. Subsection A shall not apply to amendments that alter the priority of the lien of the mortgagee or that materially impair or affect the unit as collateral or the right of the mortgagee to foreclose on a unit as collateral.

D. Where the condominium instruments are silent on the need for mortgagee consent, no mortgagee consent shall be required if the amendment to the condominium instruments does not specifically affect mortgagee rights.

1993, c. 1, § 55-79.73:1; 1998, c. 32 ; 2007, c. 675 ; 2019, c. 712 ; 2020, c. 817 .
Va. Code Ann. § 55.1-1701 — Virginia Code / Title 55.1 / Subtitle III / Chapter 17 / Section 55.1-1701
What rent tenant entitled to emblements to pay
Status: in_force

The tenant who is entitled to emblements, or his personal representative, shall pay a reasonable rent for the land occupied by the emblements in the same proportion as such land bears in quantity and value to the entire premises. Such rent shall be apportioned among the owners of the reversion, if there is more than one, according to their respective interests.

Code 1919, § 5441; Code 1950, § 55-250; 2019, c. 712 .
Va. Code Ann. § 55.1-2402 — Virginia Code / Title 55.1 / Subtitle V / Chapter 24 / Section 55.1-2402
Bond of escheator
Status: in_force

Each escheator shall give bond for the judicial circuit for which he is appointed in the circuit court for the locality in which he resides, in the penalty of $3,000, without surety, and may continue in office until removed or until a successor is duly appointed and qualified. If property in another locality within the appointed judicial circuit escheats to the Commonwealth at the inquest hearing, the escheator shall give bond within that locality as determined by the clerk of the circuit court in the locality and in a penalty of a percentage of the assessed value of the property according to the records of the commissioner of the revenue. The bond shall be obtained within 10 days following the inquest hearing.

Code 1919, § 490; Code 1950, § 55-169; 1977, c. 583; 1982, c. 437; 1998, c. 215 ; 2019, c. 712 .
Va. Code Ann. § 55.1-2139 — Virginia Code / Title 55.1 / Subtitle IV / Chapter 21 / Article 3 / Section 55.1-2139
Common elements; notice of pesticide application
Status: in_force

Associations shall post notification 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.

1999, c. 65 , § 55-464.1; 2019, c. 712 .
Va. Code Ann. § 55.1-2302 — Virginia Code / Title 55.1 / Subtitle IV / Chapter 23 / Section 55.1-2302
Transfer of ownership
Status: in_force

It is unlawful for the developer to transfer fee simple ownership of a lot or parcel within a subdivision to a purchaser by any other means than by a general or special warranty deed or other deed complying with Chapter 3 (§ 55.1-300 et seq.).

1978, c. 510, § 55-341; 2019, c. 712 .
Va. Code Ann. § 55.1-3101 — Virginia Code / Title 55.1 / Subtitle V / Chapter 31 / Section 55.1-3101
Release of judgment lien by settlement agent; notice to lien creditor
Status: in_force

A. A settlement agent may release property from a judgment lien in accordance with the provisions of this section if (i) the settlement agent has made a written request for a payoff amount from the lien creditor and his counsel of record, if any, as reflected in the judgment, judgment abstract, or any certificate of extension filed in the land records; (ii) the lien creditor (a) has not responded to such request within 15 days or (b) is unable to be located by the settlement agent after attempts at notice are made as provided in subsection B; (iii) the settlement agent has delivered or attempted to deliver a notice of intent to release pursuant to subsection C and the lien creditor has not responded as required by this section; and (iv) the owner of the property attests in an affidavit that (a) the owner has paid all or a portion of the judgment but in good faith does not have knowledge of the judgment balance or (b) the owner is not the judgment debtor and has no knowledge of the judgment balance. In such affidavit, such owner shall attest that he has exercised due diligence to locate the creditor and obtain a payoff amount, if the judgment is outstanding, and that all attempts to reach such creditor have been unsuccessful.

B. A settlement agent intending to release a specific piece of property from a judgment lien pursuant to this section shall deliver or attempt to deliver to the lien creditor and his counsel of record, if any, by certified mail, commercial overnight delivery service, or the United States Postal Service, a notice of intent to release and a copy of the release to be recorded.

C. The notice of intent to release shall contain (i) the name and current contact information of the settlement agent; (ii) a copy of the recorded judgment or judgment abstract and a copy of any related recorded assignment or notice of assignment of the judgment; and (iii) the street address, tax parcel number, or other identifying information for the property that is the subject of the release. The notice of intent to release shall conform substantially to the following form:

NOTICE OF INTENT TO RELEASE

(Date of notice)

Notice is hereby given to you concerning the judgment lien described on the certificate of release, a copy of which is attached to this notice, as follows:

1. The settlement agent identified below made a written request more than 15 days ago for payoff amounts related to the judgment lien cited in the attached recorded abstract of judgment incident to the conveyance or encumbrance of certain property identified below. Said payoff has not been provided as of the date of this notice.

2. The undersigned will release only the property from the judgment lien described in this notice unless, within 30 days from the date of notice, the lien creditor sends to the undersigned by (i) certified mail, return receipt requested; (ii) commercial delivery service for same day or next business day delivery; (iii) the United States Postal Service for next business day delivery; or (iv) electronic mail or facsimile transmittal to the electronic mail address or fax number provided by the settlement agent a notice stating that the lien creditor objects to the release of the property from the judgment lien without payment to the lien creditor and provides a complete payoff amount. Notice shall be sent to the address stated on this form.

(Name of settlement agent)

(Virginia RESA registration number of settlement agent)

(Address of settlement agent)

(Telephone number, fax number, and email address of settlement agent)

D. For the purposes of this chapter, a settlement agent shall maintain, for the lifetime of the judgement lien, all documents related to exercising due diligence to locate the creditor.

2023, c. 550 .
Va. Code Ann. § 55.1-2231 — Virginia Code / Title 55.1 / Subtitle IV / Chapter 22 / Article 3 / Section 55.1-2231
Statute of limitations; actions; limitation on rescission rights
Status: in_force

A. Except as otherwise provided in § 55.1-2237 , a judicial proceeding where the sufficiency of the time-share instrument, the accuracy of the public offering statement, or validity of any contract of purchase is in issue and a rescission of the contract or damages is sought shall be commenced within two years after the date of the contract of purchase, notwithstanding that the purchaser's terms of payments may extend beyond this period of limitation; however, with respect to the enforcement of provisions in the contract of purchase that require the continued furnishing of services and the reciprocal payments to be made by the purchaser, the period of bringing a judicial proceeding shall continue for a period of two years for each breach.

Rescission of the contract shall not be granted by the court unless (i) the inaccuracy of the public offering statement or the insufficiency of the time-share instrument directly and adversely affected the purchaser's right to participate in the time-share program or to own his time-share or (ii) at the time of the contract, the developer has sold more time-shares than there are time-share units that have been completed or bonded to accommodate such sales. Further, if damages are awarded, the amount of the damages shall be limited to actual damages sustained.

B. If a developer has substantially complied in good faith with the provisions of this chapter, a nonmaterial error or omission shall not be actionable. A nonmaterial error or omission shall not be sufficient to permit a purchaser to cancel a contract after the cancellation period provided by § 55.1-2221 has expired.

1981, c. 462, § 55-383; 2006, c. 653 ; 2008, c. 376 ; 2019, c. 712 .
Va. Code Ann. § 55.1-801 — Virginia Code / Title 55.1 / Subtitle II / Chapter 8 / Section 55.1-801
Change in control
Status: in_force

An exchange facilitator shall notify all existing exchange clients whose relinquished property is located in the Commonwealth, or whose replacement property held under a Qualified Exchange Accommodation Agreement is located in the Commonwealth, of any change in control of the exchange facilitator. Such notification shall be made to the exchange facilitator's clients within 10 business days following the effective date of such change in control either by facsimile or email transmission, or by first-class mail, and by posting such notice of change in control on the exchange facilitator's website, if any, for a period ending not sooner than 90 days after the change in control. Such notification shall set forth the name, address, and other contact information of the transferees. Notwithstanding the above, if the exchange facilitator is a publicly traded company and remains a publicly traded company after a change in control, the publicly traded company shall not be required to notify its existing clients of such change in control.

2010, c. 409 , § 55-525.2; 2019, c. 712 .
Va. Code Ann. § 55.1-608 — Virginia Code / Title 55.1 / Subtitle II / Chapter 6 / Article 1 / Section 55.1-608
Certifications of recordation upon copies of certain instruments and subsequent recordation in other county or city
Status: in_force

Whenever a mortgage or deed of trust instrument upon real or personal property located in more than one county or city is recorded in one such county or city, the party by whom it is so presented may deliver to the clerk of such court any number of executed and acknowledged copies of such instrument. The clerk shall fix to each such copy his certificate of recordation, certifying thereby the payment of the recordation tax levied by the Commonwealth, and shall return to the party presenting all such instruments all such copies except one, which shall be retained by the clerk for recordation in his office. Such certificate shall be conclusive evidence of the payment of the recordation tax indicated thereby, and the clerk in any other recording office in any other county or city shall accept for recordation in his office any such copy so certified.

1962, c. 301, § 55-109.1; 2019, c. 712 .
Va. Code Ann. § 55.1-3206 — Virginia Code / Title 55.1 / Subtitle V / Chapter 32 / Section 55.1-3206
Remedies
Status: in_force

A. If a real estate service agreement in violation of subsection A of § 55.1-3202 is recorded, any person with an interest in the residential real property that is subject to a lien arising from the service agreement may bring an action against the service provider in the circuit court of the county where the residential real property is located to request a determination that the service agreement is void and unenforceable under this chapter.

B. If a real estate service agreement that violates subsection A of § 55.1-3202 is recorded in the Commonwealth, any party with an interest in the residential real property identified in the service agreement may recover damages, costs, and reasonable attorney fees that may be proved against the service provider. No actual damages, costs, or reasonable attorney fees that are proved against the service provider shall be offset by the consideration paid by the service provider to the owner, buyer, or tenant in connection with the real estate service agreement.

C. Nothing in this chapter shall prevent an individual from pursuing any other remedy provided by law.

2024, cc. 328 , 362 .
Va. Code Ann. § 55.1-1832 — Virginia Code / Title 55.1 / Subtitle IV / Chapter 18 / Article 3 / Section 55.1-1832
Use of technology
Status: in_force

A. Unless expressly prohibited by the declaration, (i) any notice required to be sent or received or (ii) any signature, vote, consent, or approval required to be obtained under any declaration or bylaw provision or any provision of this chapter may be accomplished using electronic means.

B. The association, the lot owners, and those entitled to occupy a lot may perform any obligation or exercise any right under any declaration or bylaw provision or any provision of this chapter by use of electronic means.

C. An electronic signature meeting the requirements of applicable law shall satisfy any requirement for a signature under any declaration or bylaw provision or any provision of this chapter.

D. Voting on, consent to, and approval of any matter under any declaration or bylaw provision or any provision of this chapter may be accomplished by electronic means, provided that a record is created as evidence of such vote, consent, or approval and maintained as long as such record would be required to be maintained in nonelectronic form. If the vote, consent, or approval is required to be obtained by secret ballot, the electronic means shall protect the identity of the voter. If the electronic means cannot protect the identity of the voter, another means of voting shall be used.

E. Subject to other provisions of law, no action required or permitted by any declaration or bylaw provision or any provision of this chapter need be acknowledged before a notary public if the identity and signature of such person can otherwise be authenticated to the satisfaction of the board of directors.

F. Any meeting of the association, the board of directors, or any committee may be held entirely or partially by electronic means, provided that the board of directors has adopted guidelines for the use of electronic means for such meetings. Such guidelines shall ensure that persons accessing such meetings are authorized to do so and that persons entitled to participate in such meetings have an opportunity to do so. The board of directors shall determine whether any such meeting may be held entirely or partially by electronic means.

G. If any person does not have the capability or desire to conduct business using electronic means, the association shall make available a reasonable alternative, at its expense, for such person to conduct business with the association without use of such electronic means.

H. This section shall not apply to any notice related to an enforcement action by the association, an assessment lien, or foreclosure proceedings in enforcement of an assessment lien.

2010, c. 432 , § 55-515.3; 2019, c. 712 ; 2021, Sp. Sess. I, cc. 9 , 494 .
Va. Code Ann. § 55.1-2214 — Virginia Code / Title 55.1 / Subtitle IV / Chapter 22 / Article 2 / Section 55.1-2214
Time-share instrument for project
Status: in_force

In addition to the requirements of § 55.1-2208 , the time-share instrument for a time-share use program shall prescribe and outline reasonable arrangements for the management and operation of the time-share use program and for the maintenance, repair, and furnishing of time-share use units it comprises. Such arrangements shall include provisions for the following:

1. Standards and procedures for upkeep, repair, and interior furnishing of time-share use units, for the replacements of such furnishings, and for providing maid, cleaning, linen, and similar services to the units during use and occupancy periods;

2. Adoption of standards and rules of conduct governing the use, enjoyment, and occupancy of time-share use units by owners;

3. Payment by the developer of the costs and expenses of operating the time-share use program and owning and maintaining the time-share use units it comprises;

4. Selection of a managing agent to act for and on behalf of the developer should the developer elect not to undertake the duties, responsibilities, and obligations of the management of the time-share use program;

5. Procedures for establishing the rights of time-share use owners to occupancy, use, and enjoyment of time-share use units by prearrangement or under a first-reserved, first-served priority system;

6. Procedures for imposing and collecting regular or special assessments, maintenance fees, or use fees from time-share use owners as necessary to defray all time-share expenses and in providing materials and services to the units, as required of the developer in this chapter;

7. Comprehensive general liability insurance for death, bodily injury, and property damage arising out of, or in connection with, the occupancy, use, and enjoyment of time-share use units by time-share use owners, their guests, and other users. The costs associated with securing and maintaining such insurance shall be a time-share expense. Nothing in this subdivision shall be construed to obligate the developer to secure insurance on the conduct of the time-share use owners, their guests, and other users or the personal effects or property of such owners, guests, and users;

8. Methods for providing compensating or alternate use periods or monetary compensation to a time-share use owner if a time-share use unit cannot be made available for the period to which the owner is entitled by schedule or by a confirmed reservation; and

9. Procedures for imposing a monetary penalty or suspension of a time-share use owner's rights and privileges in the time-share use program or project or termination of the time-share use itself for failure of the time-share use owner to (i) comply with the provisions of the time-share use instrument; (ii) comply with the rules and regulations established by the developer with respect to the occupancy, use, and enjoyment of the time-share use units; or (iii) pay the charges imposed by the developer against the time-share use owner for providing the materials and services as required of the developer in this chapter. Except in matters where the time-share use owner has failed to pay the charge imposed by the developer for a period of less than 60 days after it has become due and payable, the owner shall be given notice and the opportunity to be heard.

1981, c. 462, § 55-371; 1985, c. 517; 1994, c. 580 ; 1998, c. 460 ; 2019, c. 712 .
Va. Code Ann. § 55.1-1948 — Virginia Code / Title 55.1 / Subtitle IV / Chapter 19 / Article 3 / Section 55.1-1948
Declarants not succeeding to special declarant rights
Status: in_force

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.

1993, c. 667, § 55-79.74:4; 2019, c. 712 .
Va. Code Ann. § 55.1-405 — Virginia Code / Title 55.1 / Subtitle I / Chapter 4 / Section 55.1-405
Loans and reservations of a use or property to be recorded
Status: in_force

When any loan of personal property is pretended to have been made to any person with whom, or with those claiming under him, possession has remained five years without demand made and pursued by due process of law on the part of the pretended lender, or when any reservation or limitation is pretended to have been made of a use or property by way of condition, reversion, remainder, or otherwise in personal property, the possession of which has so remained in another as aforesaid, the absolute property shall be taken to be with the possession and such loan, reservation, or limitation void as to creditors of, and purchasers from, the person so remaining in possession, unless such loan, reservation, or limitation is declared by will which, or a copy of which, or by deed or other writing which, is duly recorded within a period of five years in the circuit court of the county or city in which the personal property is located.

Code 1919, § 5188; Code 1950, § 55-87; 2019, c. 712 .
Va. Code Ann. § 55.1-655 — Virginia Code / Title 55.1 / Subtitle II / Chapter 6 / Article 7 / Section 55.1-655
Duties of filing officers
Status: in_force

A. If a notice of federal lien, a refiling of a notice of federal lien, or a notice of revocation of any certificate described in subsection B is presented to the filing officer and:

1. He is the clerk of the State Corporation Commission, he shall cause the notice to be marked, held, and indexed in accordance with the provisions of § 8.9A-519 as if the notice were a financing statement as defined in § 8.9A-102 ; or

2. He is any other officer described in § 55.1-653 , he shall endorse thereon his identification and the date and time of receipt and file it alphabetically or enter it in an alphabetical index showing the name and address of the person named in the notice, the date and time of receipt, the serial number of the district director in the case of tax liens, and the total amount appearing on the notice of lien, and he shall index and record the same where judgments are indexed and recorded.

B. If a certificate of release, nonattachment, discharge, or subordination of any lien is presented to the clerk of the State Corporation Commission for filing, he shall:

1. Cause a certificate of release or nonattachment to be marked, held, and indexed as if the certificate were a termination statement within the meaning of § 8.9A-513 , except that the notice of lien to which the certificate relates shall not be removed from the files; and

2. Cause a certificate of discharge or subordination to be held, marked, and indexed as if the certificate were a release of collateral within the meaning of § 8.9A-512 .

C. If a refiled notice of federal lien referred to in subsection A or any of the certificates or notices referred to in subsection B is presented for filing to any other filing officer specified in § 55.1-653 , he shall permanently attach the refiled notice or the certificate to the original notice of lien and shall enter the refiled notice or the certificate with the date of filing in any alphabetical lien index on the line where the original notice of lien is entered.

D. Upon request of any person, the filing officer shall issue his certificate showing whether there is on file, on the date and hour stated therein, any notice of lien or certificate or notice affecting any lien filed under this article, naming a particular person, and if a notice or certificate is on file, giving the date and hour of filing of each notice or certificate. The fee for a certificate is $1. Upon request, the filing officer shall furnish a copy of any notice of federal tax lien or notice or certificate affecting a federal lien for a fee of 50 cents ($0.50) per page.

1970, c. 76, § 55-142.3; 1988, cc. 113, 388; 2014, c. 291 ; 2019, c. 712 .
Va. Code Ann. § 55.1-109 — Virginia Code / Title 55.1 / Subtitle I / Chapter 1 / Article 1 / Section 55.1-109
Deed valid for grantor's right; operation of warranty
Status: in_force

A writing that purports to pass or assure a greater right or interest in real estate than the person making it may lawfully pass or assure shall operate as an alienation of such right or interest in such real estate as such person might lawfully convey or assure; and when the deed of the alienor mentions that he and his heirs will warrant what it purports to pass or assure, if anything descends from him, his heirs shall be barred for the value of what is so descended or liable for such value.

Code 1919, § 5148; Code 1950, § 55-10; 2019, c. 712 .
Va. Code Ann. § 55.1-1014 — Virginia Code / Title 55.1 / Subtitle II / Chapter 10 / Section 55.1-1014
Settlement agent registration requirements and compliance with unauthorized practice of law guidelines; civil penalty
Status: in_force

A. Every settlement agent subject to the provisions of this chapter shall be registered as such with the appropriate licensing authority. In conjunction therewith, settlement agents shall furnish (i) their names, business addresses, and telephone numbers and (ii) such other information as may be required. Each such registration (a) shall be accompanied by a nonrefundable fee prescribed by the appropriate licensing authority and (b) shall be renewed at least biennially thereafter, except that (1) the registration of a person described in subdivision A 2 of § 55.1-1003 shall be renewed on or before May 1, 2021, and biennially thereafter and (2) the registration of a person described in subdivision A 3 of § 55.1-1003 shall be renewed at the same time as renewal of his title insurance agent license pursuant to § 38.2-1825.1 . When the registration of a settlement agent is renewed, the appropriate licensing authority shall notify the registrant of the provisions of § 17.1-223 .

B. The Commission shall retain the authority to enforce the provisions of and impose any penalty or remedy authorized by this title and Title 38.2 against any person who is under investigation by the Commission for or charged with a violation of this title, even if the person's license or registration has been surrendered, terminated, suspended, or revoked or has lapsed by operation of law.

C. The Virginia State Bar, in consultation with the Commission and the Real Estate Board, shall adopt regulations establishing guidelines for settlement agents designed to assist them in avoiding and preventing the unauthorized practice of law in conjunction with providing escrow, closing, and settlement services. Such guidelines shall be furnished by the appropriate licensing authority to (i) each settlement agent at the time of registration and any renewal thereof, (ii) state and federal agencies that regulate financial institutions, and (iii) members of the general public upon request. Such guidelines shall also be furnished by settlement agents to any party to a real estate transaction in which such agents are providing escrow, closing, or settlement services, upon request.

D. The Virginia State Bar shall receive complaints concerning settlement agent or financial institution noncompliance with the guidelines established pursuant to subsection C and shall (i) investigate such complaints to the extent they concern the unauthorized practice of law or any other matter within its jurisdiction and (ii) refer all other matters or allegations to the appropriate licensing authority. The willful failure of any settlement agent to comply with the guidelines shall be considered a violation of this chapter, and such agent shall be subject to a civil penalty not exceeding $5,000 for each such failure as the Virginia State Bar may determine.

1997, c. 716 , §§ 6.1-2.25, 6 .1-2.26; 2004, cc. 336 , 597 ; 2009, c. 256 ; 2010, c. 794 , § 55-525.30; 2016, c. 619 ; 2019, cc. 675 , 712 ; 2020, c. 225 .
Va. Code Ann. § 55.1-2227 — Virginia Code / Title 55.1 / Subtitle IV / Chapter 22 / Article 3 / Section 55.1-2227
Resale of time-shares
Status: in_force

A. In the event of any resale of a time-share by a time-share owner, other than the developer, such owner shall obtain from the developer or managing agent in the case of a time-share use program or from the time-share estate owners' association in the case of a time-share estate program, and furnish to the purchaser prior to settlement on an executed agreement to purchase the time-share, a certificate of resale that shall include the following:

1. A statement disclosing the effect on the proposed transfer of any right of first refusal or other restraint on transfer of the time-share or any portion of such time-share;

2. A copy of the time-share instrument;

3. A copy of the current bylaws and rules and regulations of the time-share estate owners' association, if any, and the amendments to such bylaws, rules, or regulations;

4. A copy of the current annual report prepared pursuant to § 55.1-2213 ;

5. A statement setting forth the amount of any expense liability and unpaid time-share expense or special assessment currently due and payable from the selling time-share owner, including the disclosures of any liens against the time-share due to the nonpayment of such fees or charges;

6. A statement of the nature and status of any known and pending actions or judgments against the developer, managing entity, or time-share owners' association with reference to the time-share project; and

7. A copy of a Buyer's Acknowledgment form required by § 55.1-2226 .

B. The developer, managing agent, or such officer of the time-share owners' association as the bylaws may specify shall furnish the certificate of resale prescribed by subsection A upon the written request of any purchaser within 30 days of the receipt of such request. Payment of the reasonable costs of preparing the certificate may be required as a prerequisite to the issuance of the certificate, but such fee shall not exceed $50.

C. A time-share owner providing a certificate pursuant to subsection A is not liable to the purchaser for any erroneous information included in the certificate, other than for judgment liens against the time-share being sold.

D. A purchaser is not liable for any unpaid time-share expense liability or fee greater than the amount set forth in the certificate prepared in conformity with subsection A. A time-share owner is not liable to a purchaser for the failure or delay of the provider to provide the certificate in a timely manner, but the purchase contract is voidable by the purchaser until the certificate has been provided and for five days after the certificate has been provided or until transfer, whichever occurs first.

E. All rights of redress of a purchaser against a selling time-share owner, the developer, the managing agent, or the association for the failure to obtain or receive the statement required by subsection A are conclusively waived upon settlement on the time-share occurring.

F. The responsibilities imposed by this section on the developer, managing agent, time-share estate owners' association, or selling time-share owner shall not be waived.

1981, c. 462, § 55-380; 1985, c. 517; 1989, c. 637; 1994, c. 580 ; 1998, c. 460 ; 2012, c. 751 ; 2019, c. 712 .
Va. Code Ann. § 55.1-2808 — Virginia Code / Title 55.1 / Subtitle V / Chapter 28 / Article 3 / Section 55.1-2808
Property owner may place cattle guards or gates across right-of-way
Status: in_force

Any owner of property on which there is a road or way, not a public road, a highway, a street, or an alley, over which an easement exists for ingress and egress of others may place cattle guards or gates across such way when required for the protection of livestock.

Code 1950, § 8-873.1; 1954, c. 461; 1977, c. 624, § 55-304; 2019, c. 712 .
Va. Code Ann. § 55.1-2314 — Virginia Code / Title 55.1 / Subtitle IV / Chapter 23.1 / Section 55.1-2314
Failure to provide resale certificate; no waiver
Status: in_force

A. If an association, the association's managing agent, or any third party preparing a resale certificate fails to comply with § 55.1-2310 or 55.1-2311, the purchaser shall not be required to pay any delinquent assessments or remedy any violation of the governing documents or rules and regulations existing as of the date of the resale certificate or updated resale certificate. The association may only enforce a violation incurred by a previous owner against a purchaser if (i) such violation has been properly noted in the resale certificate or updated resale certificate or (ii) the seller failed to provide the resale certificate to the purchaser as required by § 55.1-2309.

B. The purchaser shall abide by the governing documents and rules and regulations as to all matters arising after acquiring the unit regardless of whether such purchaser received a resale certificate.

C. The preparer of the resale certificate or updated resale certificate shall be liable to the seller in an amount equal to the actual damages sustained by the seller in an amount not to exceed $1,000.

D. The Common Interest Community Board may assess a monetary penalty for failure to deliver the resale certificate or updated resale certificate as required against any (i) association pursuant to § 54.1-2351 or (ii) common interest community manager pursuant to § 54.1-2349 and regulations promulgated thereto, and may issue a cease and desist order pursuant to § 54.1-2349 or 54.1-2352 .

2023, cc. 387 , 388 .
Va. Code Ann. § 55.1-315 — Virginia Code / Title 55.1 / Subtitle I / Chapter 3 / Article 1 / Section 55.1-315
Effect of option; recording
Status: in_force

A. Any option to purchase real estate, and any memorandum, renewal, or extension of such option, shall be void as to (i) all purchasers for valuable consideration without notice who are not parties to such instrument and (ii) lien creditors, until such instrument is recorded in the county or city in which the property embraced in the option, memorandum, renewal, or extension is located.

B. Notwithstanding any rule of law or equity denominated "fettering," "clogging the equity of redemption" or "claiming a collateral advantage" or any similar rule:

1. A party secured by a mortgage or deed of trust, without adversely affecting his security interest, may acquire from a borrower any direct or indirect present or future ownership interest in the collateral encumbered thereby, including rights to any income, proceeds, or increase in value derived from such collateral; and

2. An option to acquire an interest in real estate granted to a party secured by a mortgage or deed of trust, other than an option granted to such party in connection with a mortgage loan as defined in § 6.2-1600 , is effective according to its terms and takes priority as provided in subsection A if the right to exercise the option is not dependent upon the occurrence of a default under the mortgage or deed of trust.

1989, c. 596, § 55-57.2; 2019, c. 712 .
Va. Code Ann. § 55.1-304.1 — Virginia Code / Title 55.1 / Subtitle I / Chapter 3 / Article 1 / Section 55.1-304.1
Repairs or maintenance of property; entering adjoining property; petition for entry
Status: in_force

When an owner of real property seeks to repair or maintain the exterior of a structure that he owns and the structure is so situated that it is impossible to perform the repairs or maintenance without entering adjoining property and permission to enter the adjoining property has been denied, or unreasonable conditions have been placed upon the entry, the owner seeking to make the repairs or maintenance may petition the circuit court for a right of entry to the adjoining property for the purpose of performing the repairs or maintenance. The petition and affidavits, if any, shall state (i) the specific repairs or maintenance the owner seeks to make to such structure, (ii) what efforts were made by the owner to obtain permission to access the adjoining property for the purpose of conducting such repairs or maintenance, (iii) any reason that conducting such repairs or maintenance without entering the adjoining property is impossible, (iv) the date on which entry is sought, (v) who or what service provider will be accessing the adjoining property to perform such repairs or maintenance, and (vi) proof that such service provider is properly licensed and insured. Upon a finding that an owner has made a good faith effort to obtain permission to enter the adjoining property, provided that a copy of the petition has been properly served on the adjoining property owner in accordance with Article 4 (§ 8.01-296 et seq.) of Chapter 8 of Title 8.01, and after a hearing, such right of entry may be granted by the court upon such terms as justice requires, including a requirement that the petitioning owner file a bond. No such entry shall be deemed a trespass. The petitioning owner shall be required to return the adjoining property to its previous condition and shall be liable to the adjoining owner or his lessee for actual damages occurring as a result of the entry.

2026, cc. 428 , 429 .
Va. Code Ann. § 55.1-2136 — Virginia Code / Title 55.1 / Subtitle IV / Chapter 21 / Article 3 / Section 55.1-2136
Termination of contracts and leases of declarant
Status: in_force

If entered into before the executive board elected by the proprietary lessees pursuant to subsection F of § 55.1-2134 takes office, (i) any management contract, employment contract, or lease of recreational or parking areas or facilities, (ii) any other contract or lease between the association and a declarant or an affiliate of a declarant, or (iii) any contract or lease that is not bona fide or was unconscionable to the proprietary lessees at the time entered into under the circumstances then prevailing may be terminated without penalty by the association at any time after the executive board elected by the proprietary lessees pursuant to subsection F of § 55.1-2134 takes office after giving at least 90 days' notice to the other party. However, a management contract that is not unconscionable between an association directly or indirectly providing assisted living or nursing services to proprietary lessees and a declarant or an affiliate of a declarant may not be terminated while a member of the executive board appointed by the declarant continues to serve unless such termination is approved by a vote of a majority of the members of the executive board and a majority vote of the proprietary lessees, other than the declarant.

This section does not apply to any proprietary lease or any lease the termination of which would terminate the cooperative or reduce its size, unless the real estate subject to that lease was included in the cooperative for the purpose of avoiding the right of the association to terminate a lease under this section. This section does not apply to any contract, incidental to the disposition of a cooperative interest, to provide to a proprietary lessee for the duration of such proprietary lessee's life, or for any term in excess of one year, nursing services, medical services, other health-related services, board and lodging, and care as necessary, or any combination of such services. The rule of property law known as the rule restricting unreasonable restraints on alienation shall not be applied to defeat any provision of the declaration, bylaws, or proprietary leases requiring that the proprietary lessees be parties to such contracts.

1982, c. 277, § 55-462; 1985, c. 83; 2004, c. 242 ; 2019, c. 712 .
Va. Code Ann. § 55.1-2160 — Virginia Code / Title 55.1 / Subtitle IV / Chapter 21 / Article 4 / Section 55.1-2160
Purchaser's right to cancel
Status: in_force

A. A person required to deliver a public offering statement pursuant to subsection C of § 55.1-2154 shall provide a purchaser with a copy of the public offering statement and all amendments to the public offering statement before conveyance of that cooperative interest and not later than the date of any contract of sale. The purchaser may cancel the contract within 10 days after signing the contract.

B. If a purchaser elects to cancel a contract pursuant to subsection A, he may do so by hand delivering notice of such cancellation to the offeror or by mailing notice of such cancellation by prepaid United States mail to the offeror or to his agent for service of process. Cancellation is without penalty, and all payments made by the purchaser before cancellation shall be refunded promptly.

C. If a person required to deliver a public offering statement pursuant to subsection C of § 55.1-2154 fails to provide to a purchaser to whom a cooperative interest is conveyed that public offering statement and all amendments as required by subsection A, the purchaser, in addition to any rights to damages or other relief, is entitled to receive from that person an amount equal to 10 percent of the sales price of the cooperative interest, plus 10 percent of the share, proportionate to his common expense liability, of the indebtedness of the association secured by mortgages or deeds of trust encumbering the cooperative. Execution of a purchase agreement for a cooperative interest that makes reference to the public offering statement and in which the purchaser acknowledges receipt of the public offering statement shall be sufficient proof that the declarant has fully satisfied this requirement.

1982, c. 277, § 55-483; 2019, c. 712 .
Va. Code Ann. § 55.1-2905 — Virginia Code / Title 55.1 / Subtitle V / Chapter 29 / Section 55.1-2905
Savings clause
Status: in_force

All rental agreements, entered into prior to July 1, 1981, that have not been extended or renewed after that date, shall remain valid and may be enforced or terminated in accordance with their terms or as permitted by any other statute or law of the Commonwealth.

1981, c. 627, § 55-421; 2019, c. 712 .
Va. Code Ann. § 55.1-2401 — Virginia Code / Title 55.1 / Subtitle V / Chapter 24 / Section 55.1-2401
Appointment of escheators
Status: in_force

The Governor shall appoint one escheator for every judicial circuit as set forth in § 17.1-506 , to serve at the pleasure of the Governor. Such escheator shall reside within the circuit to which he is appointed.

Code 1919, § 489; Code 1950, § 55-168; 1982, c. 437; 1996, c. 551 ; 2019, c. 712 .
Va. Code Ann. § 55.1-347 — Virginia Code / Title 55.1 / Subtitle I / Chapter 3 / Article 3 / Section 55.1-347
Definitions
Status: in_force

As used in this article, unless the context requires otherwise:

"Day" means calendar day.

"Document" means information that is:

1. Inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and

2. Eligible to be recorded in the land records maintained by the clerk.

"Electronic," as defined in the Uniform Electronic Transactions Act (§ 59.1-479 et seq.), means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

"Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality or any other legal or commercial entity.

"Real property" means real property that is used for residential or nonresidential purposes.

"Recording data" means the date, and deed book and page number or instrument number, that indicates where a document is recorded in the land records of the clerk of the circuit court pursuant to Chapter 6 (§ 55.1-600 et seq.).

"Secured creditor" means a person that holds or is the beneficiary of a security interest or that is authorized both to receive payments on behalf of a person that holds a security interest in real property and to record a satisfaction of the security instrument upon receiving full performance of the secured obligation. "Secured creditor" does not include a trustee under a security instrument. "Secured creditor" also includes "lender" as used in Chapter 10 (§ 55.1-1000 et seq.) and "lien creditor" and "servicer" as defined in § 55.1-339 .

"Secured obligation" means an obligation the payment or performance of which is secured by a security interest.

"Security instrument" means an agreement, however denominated, that creates or provides for a security interest, whether or not it also creates or provides for a lien on personal property.

"Security interest" means an interest in real property created by a security instrument, securing payment, or performance of an obligation and includes a mortgage or deed of trust.

"Sign" means, with present intent to authenticate, accept, or adopt a document:

1. To execute or adopt a tangible symbol; or

2. To attach to or logically associate with the document an electronic sound, symbol, or process.

"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

"Submit for recording" means to deliver, with required fees and taxes, a document sufficient to be recorded under this article to the office of the clerk of the circuit court pursuant to Chapter 6 (§ 55.1-600 et seq.).

2006, c. 907 , § 55-66.9; 2019, c. 712 .
Va. Code Ann. § 55.1-2605 — Virginia Code / Title 55.1 / Subtitle V / Chapter 26 / Section 55.1-2605
Procedure for giving notice of termination of a loan of property; responsibility of owner of loaned property
Status: in_force

A. To give notice of termination of a loan of property, the museum shall mail a notice to the lender at the most recent address of the lender as shown on the museum's records pertaining to the loaned property. If the museum has no address in its records, or the museum does not receive written proof of receipt of the mailed notice within 30 days of the date the notice was mailed, the museum shall cause to be published notice at least once a week for three consecutive weeks in a newspaper of general circulation in the county or city in which the museum is located and in a newspaper of general circulation in the county or city of the lender's last known address if different from the county or city in which the museum is located.

B. For purposes of this section, if the loan of property was made to a branch of the museum, the museum shall be deemed to be located in the county or city where the branch is located. In all other cases, the museum shall be deemed to be located in the county or city in which its principal place of business is located.

C. The owner of property loaned to a museum shall notify the museum promptly in writing of any change of address or change in ownership of the property.

2002, c. 883 , § 55-210.36; 2019, c. 712 .
Va. Code Ann. § 55.1-2823 — Virginia Code / Title 55.1 / Subtitle V / Chapter 28 / Article 6 / Section 55.1-2823
When division fence already built
Status: in_force

When any fence (i) that has been built and used by adjoining landowners as a division fence, or any fence that has been built by one landowner and the other landowner is afterwards required to pay half of the value or expense of such fence under the provisions contained in this article, and (ii) that has thereby become a division fence between such lands, becomes out of repair to the extent that it is no longer a lawful fence, either one of such adjoining landowners may give written notice to the other, or to his agent, of his desire and intention to repair such fence and require him to repair his half of such fence. If the landowner receiving written notice fails to repair his half within 30 days after being so notified, the one giving such notice may then repair the entire fence so as to make it a lawful fence, and the other shall be liable to him for one-half of the expense of such repairs.

Code 1950, § 8-889; 1977, c. 624, § 55-319; 2019, c. 712 .
Va. Code Ann. § 55.1-2183 — Virginia Code / Title 55.1 / Subtitle IV / Chapter 21 / Article 5 / Section 55.1-2183
Common Interest Community Board regulation of public offering statement
Status: in_force

A. The Common Interest Community Board at any time may require a declarant to alter or supplement the form or substance of a public offering statement to assure adequate and accurate disclosure to prospective purchasers.

B. The public offering statement shall not be used for any promotional purpose before registration and shall be used afterwards only if it is used in its entirety. No person shall advertise or represent that the Common Interest Community Board has approved or recommended the cooperative, the disclosure statement, or any of the documents contained in the application for registration.

C. In the case of a cooperative situated wholly outside of the Commonwealth, no application for registration or proposed public offering statement filed with the Common Interest Community Board that has been approved by an agency in the state where the cooperative is located and substantially complies with the requirements of this chapter shall be rejected by the Common Interest Community Board on the grounds of noncompliance with any different or additional requirements imposed by this chapter or by the Common Interest Community Board's regulations. However, the Common Interest Community Board may require additional documents or information in particular cases to assure adequate and accurate disclosure to prospective purchasers.

1982, c. 277, § 55-505; 2019, c. 712 .
Va. Code Ann. § 55.1-701 — Virginia Code / Title 55.1 / Subtitle II / Chapter 7 / Section 55.1-701
Applicability
Status: in_force

The provisions of this chapter apply only with respect to transfers by sale, exchange, installment land sales contract, or lease with option to buy of residential real property consisting of not less than one nor more than four dwelling units, whether or not the transaction is with the assistance of a licensed real estate broker or salesperson.

1992, c. 717, § 55-517; 2007, c. 265 ; 2017, c. 386 ; 2019, c. 712 .
Va. Code Ann. § 55.1-2421 — Virginia Code / Title 55.1 / Subtitle V / Chapter 24 / Section 55.1-2421
When grant to issue to purchaser; reimbursable expenses
Status: in_force

A. When the escheator sells for cash, he shall certify the purchase and the price to the State Treasurer, who, after determining that such price, deducting the expenses, has been paid into the state treasury and that the expenses of the inquest and sale have been paid to the escheator, shall have a grant issued and executed for the lands so sold. At the time of sale, the escheator shall require the purchaser to sign an authorization for recordation prior to distribution. A clerk's fee per parcel purchased in accordance with subdivision A 2 of § 17.1-275 shall be collected by the escheator in addition to the purchase price. The fee shall be forwarded to the State Treasurer, together with the names and addresses of the purchasers of the escheated property and the sale proceeds as required in § 55.1-2426 , who shall send the fee with the grants to the local clerk's office for recording. The fee in effect at the time of sale shall be in lieu of all fees and costs. Grants of escheated property shall be exempt from all recording taxes. After recording the grants, the local clerk shall forward the grants to the escheator, who shall be responsible for notifying the purchasers of the recordation and the distribution of the grants to the purchaser.

B. Expenses reimbursable by the State Treasurer under subsection A shall include an auctioneer's fee, which shall not exceed five percent of the sale proceeds. The State Treasurer, by regulation, shall detail other appropriate reimbursable expenses.

Code 1919, § 507; Code 1950, § 55-186; 1952, c. 132; 1977, c. 583; 1981, c. 514; 1982, c. 486; 1984, c. 315; 1988, c. 377; 1990, c. 938; 2019, c. 712 .
Va. Code Ann. § 55.1-613 — Virginia Code / Title 55.1 / Subtitle II / Chapter 6 / Article 2 / Section 55.1-613
Acknowledgments outside of the United States and its dependencies
Status: in_force

A circuit court of any county or city, or the clerk of such court, shall also record any writing as is described in § 55.1-600 as to any person whose name is signed thereto upon the certificate under the official seal of any ambassador, minister plenipotentiary, minister resident, charge d'affaires, consul-general, consul, vice-consul, or commercial agent appointed by the government of the United States to any foreign country, or of the proper officer of any court of record of such country or of the mayor or other chief magistrate of any city, town, or corporation therein, that such writing was acknowledged by such person or proved as to him by two witnesses before any person having such appointment or before such court, mayor, or chief magistrate.

Code 1919, § 5206; Code 1950, § 55-114; 2019, c. 712 .
Va. Code Ann. § 55.1-2814 — Virginia Code / Title 55.1 / Subtitle V / Chapter 28 / Article 5 / Section 55.1-2814
How governing body of county may make local fence law
Status: in_force

The board of supervisors or other governing body in any county, after publishing notice as required by subsection F of § 15.2-1427 , may, by ordinance, declare the boundary line of each lot or tract of land or any stream in such county, any magisterial district of such county, or any selected portion of such county, to be a lawful fence as to any or all domesticated livestock, or may declare any other kind of fence for such county, magisterial district, or selected portion of the county than as prescribed by § 55.1-2804 to be a lawful fence, as to any or all of such animals.

Code 1950, § 8-880; 1977, c. 624, § 55-310; 2019, c. 712 .
Va. Code Ann. § 55.1-1607 — Virginia Code / Title 55.1 / Subtitle III / Chapter 16 / Section 55.1-1607
Lessees have same rights against grantees as against lessors
Status: in_force

A lessee, his personal representative, or his assigns may have against a grantee or alienee of the reversion, or of any part of such reversion, his heirs, or his assigns the like benefit of any condition, covenant, or promise in the lease as he could have had against the lessor himself and his heirs and assigns, except the benefit of any warranty, in deed or law.

2024, cc. 27 , 158 .
Va. Code Ann. § 55.1-1922 — Virginia Code / Title 55.1 / Subtitle IV / Chapter 19 / Article 2 / Section 55.1-1922
Preliminary recordation of plats and plans
Status: in_force

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 plats and plans are recorded by the declarant in accordance with subsections A and B of § 55.1-1920 ; and if such certifications are recorded, the plats and plans that they certify shall be deemed recorded pursuant to subsection C of § 55.1-1920 within the meaning of §§ 55.1-1918 , 55.1-1924 , and 55.1-1926 . All condominium instruments for condominiums created prior to July 1, 1991, are hereby validated notwithstanding that the plats were prerecorded as if in compliance with this section and not recorded with amendments converting convertible land or adding additional land if the plats or subsequent amendments contained the required certifications.

1974, c. 416, § 55-79.59; 1991, c. 497; 2019, c. 712 .
Va. Code Ann. § 55.1-2540 — Virginia Code / Title 55.1 / Subtitle V / Chapter 25 / Article 3 / Section 55.1-2540
Interest and penalties
Status: in_force

A. Any person who fails to pay or deliver property within the time prescribed by this chapter shall be required to pay to the administrator interest at the same annual rate as is applicable to delinquent taxes under § 58.1-1812 on the property or value thereof from the date the property should have been paid or delivered. Such interest rate shall vary with the rate specified in § 58.1-1812 .

B. Any person who does not exercise due diligence as defined in § 55.1-2500 shall pay a civil penalty not to exceed $50 for each account upon which due diligence was not performed.

C. Except as otherwise provided in subsection D, a holder that (i) fails to report, pay, or deliver property within the time prescribed by this chapter; (ii) files a false report; or (iii) fails to perform other duties imposed by this chapter without good cause shall pay to the administrator, in addition to interest as provided in subsection A, a civil penalty of $100 for each day the report, payment, or delivery is withheld or the duty is not performed, up to a maximum of the lesser of $10,000 or 25 percent of the value of the property that should have been but was not reported.

D. A holder that (i) willfully fails to report, pay, or deliver property within the time prescribed by this chapter; (ii) willfully fails to perform other duties imposed by this chapter without good cause; or (iii) makes a fraudulent report to the administrator shall pay to the administrator, in addition to interest as provided in subsection A, a civil penalty of $1,000 for each day the report, payment, or delivery is withheld or the duty is not performed, up to a maximum of the lesser of $50,000 or 100 percent of the value of the property that should have been but was not reported.

E. The administrator for good cause may waive, in whole or in part, interest under subsection A and penalties under subsections B, C, and D. All civil penalties shall be payable to the State Treasurer and credited to the Literary Fund.

1984, c. 121, § 55-210.26:1; 1988, c. 378; 1992, c. 583; 2000, cc. 733 , 745 ; 2019, c. 712 .
Va. Code Ann. § 55.1-708 — Virginia Code / Title 55.1 / Subtitle II / Chapter 7 / Section 55.1-708
Required disclosures; property previously used to manufacture methamphetamine
Status: in_force

Notwithstanding the exemptions in § 55.1-702 , if the owner of a residential dwelling unit has actual knowledge that such residential property was previously used to manufacture methamphetamine and has not been cleaned up in accordance with the guidelines established pursuant to § 32.1-11.7 and the applicable licensing provisions of Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1, the owner shall provide to a prospective purchaser a written disclosure that so states. Such disclosure shall be provided to the purchaser on a form provided by the Real Estate Board on its website and otherwise in accordance with this chapter.

2013, c. 557 , § 55-519.4; 2016, c. 527 ; 2017, c. 386 ; 2019, c. 712 .
Va. Code Ann. § 55.1-203 — Virginia Code / Title 55.1 / Subtitle I / Chapter 2 / Section 55.1-203
Spouse's right of entry into land not barred by certain judgments; when a spouse may defend his right in lands that are his inheritance
Status: in_force

A spouse shall not be barred of his right of entry into land by a judgment in the other spouse's lifetime by default or collusion, but after the other spouse's death may prosecute the same by any proper action; or, in the lifetime of the other spouse, if the other spouse will not appear or, against the spouse's consent, will render the spouse's lands during the coverture in an action against both spouses for lands that are the spouse's inheritance, the spouse may come at any time before judgment and defend his right.

Code 1919, § 5441; Code 1950, § 55-38; 2019, c. 712 .
Va. Code Ann. § 55.1-2703 — Virginia Code / Title 55.1 / Subtitle V / Chapter 27 / Section 55.1-2703
Right of property to be proved
Status: in_force

In any action relating to the ownership of any property described in § 55.1-2700 , the person, other than the owner of such land, claiming to be the owner of the property must prove his ownership in order to sustain his claim.

Code 1919, § 3572; Code 1950, § 55-210; 2019, c. 712 .
Va. Code Ann. § 55.1-648 — Virginia Code / Title 55.1 / Subtitle II / Chapter 6 / Article 5 / Section 55.1-648
Recordation certificate not signed by clerk; when clerk has died
Status: in_force

Any deed or other instrument or writing recorded before July 1, 1995, upon the proper deed book in the clerk's office of the circuit court of any county or any court of record of any city, when the clerk of such court failed to sign the certificate of recordation thereof and afterwards died, and any will or other instrument or writing recorded before July 1, 1995, upon the proper will book in any such clerk's office, when such clerk failed to sign the certificate of probate and recordation thereof and afterwards died, shall be as valid and of the same force and effect as if such certificate of recordation or certificate of probate and recordation had been signed by such clerk at the time such deed, will, or other instrument or writing was so recorded.

1942, p. 391; Michie Code 1942, § 3407a1; Code 1950, § 55-137.2; 1976, c. 685; 1984, c. 35; 1989, c. 602; 1995, c. 48 ; 2019, c. 712 .
Va. Code Ann. § 55.1-1413 — Virginia Code / Title 55.1 / Subtitle III / Chapter 14 / Article 4 / Section 55.1-1413
Effect of failure of tenant in nonresidential rental property to vacate premises at expiration of term
Status: in_force

A tenant from year-to-year, month-to-month, or other definite term in a nonresidential rental property shall not, by his mere failure to vacate the premises upon the expiration of the lease, be held as tenant for another term when such failure is not due to his willfulness, negligence, or other avoidable cause, but such tenant shall be liable to the lessor for use and occupation of the premises and also for any loss or damage sustained by the lessor because of such failure to surrender possession at the time stipulated.

Code 1919, § 5517; Code 1950, § 55-223; 2017, c. 730 ; 2019, c. 712 .
Va. Code Ann. § 55.1-2238 — Virginia Code / Title 55.1 / Subtitle IV / Chapter 22 / Article 5 / Section 55.1-2238
Registration of time-share program required
Status: in_force

A. A developer may not offer or dispose of any interest in a time-share program unless the time-share program has been properly registered with the Board. A developer may accept a nonbinding reservation together with a deposit if the deposit is placed in an escrow account with an institution having trust powers within the Commonwealth and is refundable at any time at the purchaser's option. In all cases, the reservation shall require a subsequent affirmative act by the purchaser via a separate instrument to create a binding obligation. A developer may not dispose of or transfer a time-share while an order revoking or suspending the registration of the time-share program is in effect.

B. The developer shall maintain records of names and addresses of current independent contractors employed by it for time-share sales purposes.

1981, c. 462, § 55-390; 1983, c. 59; 1985, c. 517; 1994, c. 580 ; 2019, c. 712 ; 2020, c. 1011 .
Va. Code Ann. § 55.1-644 — Virginia Code / Title 55.1 / Subtitle II / Chapter 6 / Article 5 / Section 55.1-644
Deeds defectively executed by corporation
Status: in_force

Any deed of conveyance of real estate executed in the Commonwealth prior to July 1, 1995, by a corporation of the Commonwealth, when the certificate of acknowledgment of such deed fails to state the representative capacity of the party signing such deed for the corporation, shall be held and is hereby declared a valid and effective conveyance in every respect if otherwise valid according to the law in force at the time the deed was executed if such corporation, since making such conveyance, has been dissolved or otherwise gone out of existence.

1936, p. 328; Michie Code 1942, § 5208a; Code 1950, § 55-135; 1976, c. 685; 1984, c. 35; 1989, c. 602; 1995, c. 48 ; 2019, c. 712 .
Va. Code Ann. § 55.1-107 — Virginia Code / Title 55.1 / Subtitle I / Chapter 1 / Article 1 / Section 55.1-107
Default or surrender of tenant for life not to prejudice remainderman
Status: in_force

If any tenant for life of land make default or surrender, the heirs or those entitled to the remainder may, before judgment, be admitted to defend their right or, after judgment, may assert their right without prejudice from such default or surrender.

Code 1919, § 5443; Code 1950, § 55-8; 2019, c. 712 .
Va. Code Ann. § 55.1-1939 — Virginia Code / Title 55.1 / Subtitle IV / Chapter 19 / Article 2 / Section 55.1-1939
Statement of unit owner rights
Status: in_force

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 , including records of all financial transactions;

2. The right to cast a vote on any matter requiring a vote by the unit owners' association membership in proportion to the unit owner's ownership interest, except to the extent that the condominium instruments provide otherwise;

3. The right to have notice of any meeting of the executive board, to make a record of such meetings by audio or visual means, and to participate in such meeting in accordance with the provisions of § 55.1-1949 ;

4. The right to have (i) notice of any proceeding conducted by the executive board or other tribunal specified in the condominium instruments against the unit owner to enforce any rule or regulation of the unit owners' association and (ii) the opportunity to be heard and represented by counsel at the proceeding, as provided in § 55.1-1959 , and the right of due process in the conduct of that hearing; and

5. The right to serve on the executive board if duly elected and a member in good standing of the unit owners' association, except to the extent that the condominium instruments provide otherwise.

The rights enumerated in this section shall be enforceable by any unit owner pursuant to the provisions of § 55.1-1915 .

2015, c. 286 , § 55-79.72:3; 2019, c. 712 .
Va. Code Ann. § 55.1-1985 — Virginia Code / Title 55.1 / Subtitle IV / Chapter 19 / Article 4 / Section 55.1-1985
Investigations and proceedings
Status: in_force

A. Whenever the Common Interest Community Board receives a written complaint that appears to state a valid claim, the Common Interest Community Board shall make necessary public or private investigations in accordance with law within or outside of the Commonwealth to determine whether any declarant or its agents, employees, or other representatives have violated or are about to violate this chapter or any Common Interest Community Board regulation or order, or to aid in the enforcement of this chapter or in the prescribing of Common Interest Community Board regulations and forms. The Common Interest Community Board may also in like manner and with like authority investigate written complaints against persons other than the declarant or its agents, employees, or other representatives.

B. For the purpose of any investigation or proceeding under this chapter, the Common Interest Community Board or any officer designated by regulation may administer oaths or affirmations and upon its own motion or upon request of any party shall subpoena witnesses, compel their attendance, take evidence, and require the production of any matter that is relevant to the investigation, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts or any other matter reasonably calculated to lead to the discovery of material evidence.

C. Upon failure to obey a subpoena or to answer questions propounded by the investigating officer and upon reasonable notice to all persons affected by such failure, the Common Interest Community Board may apply to the Circuit Court of the County of Henrico for an order compelling compliance.

1974, c. 416, § 55-79.99; 1993, c. 198; 2011, c. 605 ; 2019, c. 712 .
Va. Code Ann. § 55.1-2129 — Virginia Code / Title 55.1 / Subtitle IV / Chapter 21 / Article 2 / Section 55.1-2129
Rights of secured lenders
Status: in_force

The declaration may require that all or a specified number or percentage of the lenders holding security interests encumbering the cooperative interests approve specified actions of the proprietary lessees or the association as a condition to the effectiveness of those actions, but no requirement for approval shall operate to (i) deny or delegate control over the general administrative affairs of the association by the proprietary lessees or the executive board; (ii) prevent the association or the executive board from commencing, intervening in, or settling any litigation or proceeding; or (iii) receive and distribute any insurance proceeds except pursuant to § 55.1-2145 .

1982, c. 277, § 55-455; 2019, c. 712 .
Va. Code Ann. § 55.1-2523 — Virginia Code / Title 55.1 / Subtitle V / Chapter 25 / Article 2 / Section 55.1-2523
Interstate agreements and cooperation
Status: in_force

A. The administrator may enter into agreements with other states to exchange information needed to enable the Commonwealth or another state to audit or otherwise determine unclaimed property to which the Commonwealth or another state may be entitled subject to a claim of custody. The administrator may by rule require the reporting of information needed to enable compliance with agreements made pursuant to this section and prescribe the form.

B. To avoid conflicts between the administrator's procedures and the procedures of administrators in other jurisdictions that enact the Uniform Unclaimed Property Act, the administrator shall, so far as is consistent with the purposes, policies, and provisions of this chapter, before adopting, amending, or repealing rules, advise and consult with administrators in other jurisdictions that enact substantially the Act and take into consideration the rules of administrators in other jurisdictions that enact the Act.

C. The administrator may join with other states to seek enforcement of the Act against any person who is or may be holding property reportable under the Act. At the request of another state, the Attorney General of the Commonwealth may bring an action in the name of the administrator of the other state in any court of competent jurisdiction to enforce the unclaimed property laws of the other state against a holder in the Commonwealth of property subject to escheat or a claim of abandonment by the other state, if the other state has agreed to pay expenses incurred by the Attorney General in bringing the action.

Similarly, the administrator may request that the Attorney General of another state, or any other person, bring an action in the other state in the name of the administrator. The Commonwealth shall pay all expenses, including attorney fees, in any such action, and such expenses shall not be deducted from the amount that is subject to the claim by the owner under this chapter.

1984, c. 121, § 55-210.11:01; 2019, c. 712 .
Va. Code Ann. § 55.1-3102 — Virginia Code / Title 55.1 / Subtitle V / Chapter 31 / Section 55.1-3102
Certificate of release and affidavit of settlement agent
Status: in_force

A. If, within 30 days following the date of notice of the notice of intent to release pursuant to § 55.1-3101, the lien creditor has not sent by (i) certified mail, return receipt requested, (ii) commercial delivery service for same day or next business day delivery, (iii) the United States Postal Service for next business day delivery, or (iv) electronic mail or facsimile transmittal to the electronic mail address or fax number provided by the settlement agent a complete payoff amount, the settlement agent may execute, acknowledge, and file with the clerk of court of the jurisdiction in which the property is located a certificate of release. Such certificate of release shall include (a) an affidavit pursuant to subsection B, (b) a copy of the notice of intent to release in accordance with § 55.1-3101, and (c) the owner's affidavit pursuant to § 55.1-3101. The certificate of release shall include the settlement agent's registration number issued by a licensing authority as defined in § 55.1-1000 . The certificate of release shall note that the settlement agent has the authority to execute the certificate of release pursuant to this section. After filing or recording the certificate of release, the settlement agent shall mail a copy of such certificate of release to the lien creditor. Failure to mail a copy of the recorded certificate of release to the lien creditor shall not affect the validity of a certificate of release that otherwise satisfies the requirements of this section and shall release the property from the judgment lien as provided by this section.

B. The certificate of release shall include an affidavit that certifies that (i) the settlement agent has not received a payoff amount as shown on the recorded abstract of judgment from the lien creditor, his assignee, or his representative, nor has the settlement agent received any objection to the release of the property from the judgment lien; (ii) the person executing the certificate of release is the settlement agent; (iii) the notice of intent to release was delivered to the lien creditor or delivery was attempted at the address shown on the recorded abstract of judgment and the settlement agent has received evidence of such delivery or attempted delivery; and (iv) the property is released from the judgment lien. The certificate of release and accompanying affidavit shall conform substantially to the following form:

CERTIFICATE OF RELEASE and AFFIDAVIT OF SETTLEMENT AGENT

The undersigned hereby certifies and affirms that, in accordance with the provisions of § 55.1-3101 of the Code of Virginia of 1950, as amended and in force on the date hereof (the Code), (a) the undersigned is a settlement agent as defined in subsection A of § 55.1-3100 of the Code or a duly authorized officer, director, member, partner, or employee of such settlement agent; (b) the settlement agent, after exercising due diligence to locate the creditor, has sent to the lien creditor in the manner specified in subsection B of § 55.1-3101 of the Code the notice of intent to release the property from the lien of the below referenced judgment lien and possesses evidence of receipt of such notice by the lien creditor or evidence of failed attempts; (c) the settlement agent has not received a payoff amount from the lien creditor shown on the recorded abstract of judgment or any assignee or representative thereof or any objection to the release of the property from the lien of the judgment lien; and (d) the lien of the judgment lien is hereby released as to the subject property.

(Name of judgment debtor(s))

(Name of judgment lien creditor shown on recorded abstract of judgment)

(Recordation information for recorded judgment lien)

(Property subject to the release)

(Name of settlement agent)

(Virginia RESA registration number of settlement agent)

(Authorized signer and title)

(Notary clause)

2023, c. 550 .
Va. Code Ann. § 55.1-352 — Virginia Code / Title 55.1 / Subtitle I / Chapter 3 / Article 3 / Section 55.1-352
Uniform standards
Status: in_force

In consultation with the circuit court clerks, the Executive Secretary of the Supreme Court, and interested citizens and businesses, the Virginia Information Technologies Agency shall develop standards to implement electronic recording of real property documents. The Virginia Information Technologies Agency shall consider standards and practices of other jurisdictions, the most recent standards promulgated by national standard-setting bodies, such as the Property Records Industry Association, views of interested persons and other governmental entities, and needs of localities of varying sizes, population, and resources.

2005, c. 749 , § 55-66.14; 2019, c. 712 .
Va. Code Ann. § 55.1-2518 — Virginia Code / Title 55.1 / Subtitle V / Chapter 25 / Article 1 / Section 55.1-2518
Property held by courts
Status: in_force

All intangible property held for the owner by any state or federal court that has remained unclaimed by the owner for more than one year after it became payable is presumed abandoned.

1983, c. 190, § 55-210.9:1; 1985, c. 294; 2000, cc. 733 , 745 ; 2019, c. 712 .
Va. Code Ann. § 55.1-1960 — Virginia Code / Title 55.1 / Subtitle IV / Chapter 19 / Article 3 / Section 55.1-1960
Limitation of occupancy of a unit
Status: in_force

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 Fair Housing Law (§ 36-96.1 et seq.), the Uniform Statewide Building Code (§ 36-97 et seq.), and local ordinances.

1996, c. 888 , § 55-79.80:3; 1998, c. 454 ; 2019, c. 712 .
Va. Code Ann. § 55.1-2900 — Virginia Code / Title 55.1 / Subtitle V / Chapter 29 / Section 55.1-2900
Definitions
Status: in_force

As used in this chapter, unless the context requires a different meaning:

"Default" means the failure to perform on time any obligation or duty set forth in the rental agreement or this chapter.

"Last known address" means that address or electronic mail address provided by the occupant in the rental agreement or, by any method as may be required by the terms of the rental agreement, the address or electronic mail address provided by the occupant in a subsequent written notice of a change of address.

"Leased space" means the individual storage space at the self-service facility that is leased or rented to an occupant pursuant to a rental agreement.

"Occupant" means a person, his sublessee, successor, or assign, entitled to the use of a leased space at a self-service storage facility under a rental agreement.

"Owner" means the owner, operator, lessor, or sublessor of a self-service storage facility, his agent, or any other person authorized to manage the facility or to receive rent from any occupant under a rental agreement.

The owner of a self-service storage facility is not a warehouseman as defined in § 8.7-102 , unless the owner issues a warehouse receipt, bill of lading, or other document of title for the personal property stored, in which event, the owner and the occupant are subject to the provisions of Title 8.7 dealing with warehousemen.

"Personal property" means movable property not affixed to land and includes goods, wares, merchandise, and household items and furnishings.

"Rental agreement" means any agreement or lease that establishes or modifies the terms, conditions, or rules concerning the use and occupancy of a self-service storage facility. The rental agreement may be delivered and accepted electronically.

"Self-service storage facility" means any real property designed and used for renting or leasing individual storage spaces, other than storage spaces that are leased or rented as an incident to the lease or rental of residential property or dwelling units, to which the occupants thereof have access for storing or removing their personal property. No occupant shall use a self-service storage facility for residential purposes.

"Verified mail" means any method of mailing that is offered by the United States Postal Service or private delivery service that provides evidence of mailing.

1981, c. 627, § 55-417; 2009, c. 664 ; 2015, c. 208 ; 2019, c. 712 ; 2024, c. 673 ; 2026, c. 951 .