reglab/housing_qa huggingface dataset:
VA Code § 55.1-2133 (2021)
2021 Code of Virginia|Title 55.1 - Property and Conveyances|Chapter 21 - Virginia Real Estate Cooperative Act|§ 55.1-2133. Powers of the association

A. Except as provided in subsection B, and subject to the provisions of the declaration, the association, even if unincorporated, may:1. Adopt and amend bylaws and rules and regulations;2. Adopt and amend budgets for revenues, expenditures, and reserves and collect assessments for common expenses from proprietary lessees;3. Hire and discharge managing agents and other employees, agents, and independent contractors;4. Institute, defend, or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more proprietary lessees on matters affecting the cooperative;5. Make contracts and incur liabilities;6. Regulate the use, maintenance, repair, replacement, and modification of common elements;7. Cause additional improvements to be made as a part of the common elements;8. Acquire, hold, encumber, and convey in its own name any right, title, or interest to real or personal property, but part of the cooperative may be conveyed, or all or part of the cooperative may be subjected to, a security interest only pursuant to § 55.1-2144;9. Grant easements, leases, licenses, and concessions through or over the common elements;10. Impose and receive any payments, fees, or charges for the use, rental, or operation of the common elements, other than limited common elements described in subdivisions 2 and 4 of § 55.1-2113, and for services provided to proprietary lessees;11. Impose charges for late payment of assessments and, after notice and an opportunity to be heard, levy fines not to exceed $50 for each instance for violations of the declaration, bylaws, and rules and regulations of the association;12. Impose reasonable charges for the preparation and recordation of amendments to the declaration, resale certificates required by § 55.1-2161, or statements of unpaid assessments;13. Provide for the indemnification of its officers and executive board and maintain directors' and officers' liability insurance;14. Assign its right to future income, including the right to receive common expense assessments, but only to the extent the declaration expressly so provides;15. Exercise any other powers conferred by the declaration or bylaws;16. Exercise all other powers that may be exercised in the Commonwealth by legal entities of the same type as the association; and17. Exercise any other powers necessary and proper for the governance and operation of the association.B. The declaration shall not impose limitations on the power of the association to deal with the declarant that are more restrictive than the limitations imposed on the power of the association to deal with other persons.1982, c. 277, § 55-459; 2019, c. 712.
VA Code § 55.1-2133.1 (2021)
2021 Code of Virginia|Title 55.1 - Property and Conveyances|Chapter 21 - Virginia Real Estate Cooperative Act|§ 55.1-2133.1. (Effective October 1, 2021) Installation of solar energy collection devices

A. As used in this section, "solar energy collection device" means any device manufactured and sold for the sole purpose of facilitating the collection and beneficial use of solar energy, including passive heating panels or building components and solar photovoltaic apparatus.B. No association shall prohibit an owner from installing a solar energy collection device on that owner's property unless the recorded declaration for the association establishes such a prohibition. However, an association may establish reasonable restrictions concerning the size, place, and manner of placement of such solar energy collection devices on property designated and intended for individual ownership and use. Any resale certificate pursuant to § 55.1-2161 given to a purchaser shall contain a statement setting forth any restriction, limitation, or prohibition on the right of an owner to install or use solar energy collection devices on his property.C. A restriction shall be deemed not to be reasonable if application of the restriction to a particular proposal (i) increases the cost of installation of the solar energy collection device by five percent over the projected cost of the initially proposed installation or (ii) reduces the energy production by the solar energy collection device by 10 percent below the projected energy production of the initially proposed installation. The owner shall provide documentation prepared by an independent solar panel design specialist, who is certified by the North American Board of Certified Energy Practitioners and is licensed in Virginia, that is satisfactory to the association to show that the restriction is not reasonable according to the criteria established in this subsection.D. The association may prohibit or restrict the installation of solar energy collection devices on the common elements or common area within the real estate development served by the association. An association may establish reasonable restrictions as to the number, size, place, and manner of placement or installation of any solar energy collection device installed on the common elements or common area.2006, c. 939, §§ 67-700, 67-701; 2008, c. 881; 2009, c. 866; 2013, c. 357; 2014, c. 525; 2020, cc. 272, 795; 2021, Sp. Sess. I, c. 387.
VA Code § 55.1-2136 (2021)
2021 Code of Virginia|Title 55.1 - Property and Conveyances|Chapter 21 - Virginia Real Estate Cooperative Act|§ 55.1-2136. Termination of contracts and leases of declarant

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 § 55.1-2137 (2021)
2021 Code of Virginia|Title 55.1 - Property and Conveyances|Chapter 21 - Virginia Real Estate Cooperative Act|§ 55.1-2137. Bylaws

A. The bylaws of the association shall provide for:1. The number of members of the executive board and the titles of the officers of the association;2. Election by the executive board of a president, treasurer, secretary, and any other officers of the association the bylaws specify;3. The qualifications, powers and duties, terms of office, and manner of electing and removing executive board members and officers and filling vacancies;4. Which, if any, of its powers and responsibilities the executive board or officers may delegate to other persons or to a managing agent;5. Which of its officers may prepare, execute, certify, and record amendments to the declaration on behalf of the association; and6. The method of amending the bylaws.B. Subject to the provisions of the declaration, the bylaws may provide for any other matters the association deems necessary and appropriate, including a provision for the arbitration of disputes or other means of alternative dispute resolution in accordance with subsection B of § 55.1-2169.1982, c. 277, § 55-463; 1993, c. 849; 2019, c. 712.
VA Code § 55.1-2138 (2021)
2021 Code of Virginia|Title 55.1 - Property and Conveyances|Chapter 21 - Virginia Real Estate Cooperative Act|§ 55.1-2138. Upkeep of cooperative

A. Except to the extent otherwise provided by the declaration, by subsection B, or by subsection G of § 55.1-2145, the association is responsible for maintenance, repair, and replacement of the common elements, and each proprietary lessee is responsible for maintenance, repair, and replacement of his unit. Each proprietary lessee shall afford to the association and the other proprietary lessees, and to their agents or employees, access through his unit reasonably necessary for those purposes. If damage is inflicted on the common elements or on any unit through which access is taken, the proprietary lessee responsible for the damage, or the association if it is responsible, is liable for the prompt repair and all costs associated with such repair.B. In addition to the liability that a declarant as a proprietary lessee has under this chapter, the declarant alone is liable for all expenses in connection with real estate subject to development rights. No other proprietary lessee and no other portion of the cooperative is subject to a claim for payment of those expenses. Unless the declaration provides otherwise, any income or proceeds from real estate subject to development rights inures to the declarant.1982, c. 277, § 55-464; 2019, c. 712.
VA Code § 55.1-2139 (2021)
2021 Code of Virginia|Title 55.1 - Property and Conveyances|Chapter 21 - Virginia Real Estate Cooperative Act|§ 55.1-2139. Common elements; notice of pesticide application

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 § 55.1-2140 (2021)
2021 Code of Virginia|Title 55.1 - Property and Conveyances|Chapter 21 - Virginia Real Estate Cooperative Act|§ 55.1-2140. Meetings

A meeting of the association must be held at least once each year. Special meetings of the association may be called by (i) the president, (ii) a majority of the executive board, or (iii) 20 percent, or any lower percentage if so specified in the bylaws, of the proprietary lessees. No less than 10 or more than 60 days in advance of any meeting, the secretary or other officer specified in the bylaws shall cause notice to be hand delivered or sent prepaid by United States mail to the mailing address of each unit or to any other mailing address designated in writing by the proprietary lessee. The notice of any meeting shall state the time and place of the meeting and the items on the agenda including the general nature of any proposed amendment to the declaration or bylaws, any budget changes, and any proposal to remove a director or officer.1982, c. 277, § 55-465; 2019, c. 712.
VA Code § 55.1-2141 (2021)
2021 Code of Virginia|Title 55.1 - Property and Conveyances|Chapter 21 - Virginia Real Estate Cooperative Act|§ 55.1-2141. Quorums

A. Unless the bylaws provide otherwise, a quorum is present throughout any meeting of the association if persons entitled to cast 20 percent of the votes that may be cast for election of the executive board are present in person or by proxy at the beginning of the meeting.B. Unless the bylaws specify a larger percentage, a quorum is deemed present throughout any meeting of the executive board if persons entitled to cast 50 percent of the votes on that board are present at the beginning of the meeting.1982, c. 277, § 55-466; 2019, c. 712.
VA Code § 55.1-2142 (2021)
2021 Code of Virginia|Title 55.1 - Property and Conveyances|Chapter 21 - Virginia Real Estate Cooperative Act|§ 55.1-2142. Voting; proxies

A. If only one of the multiple proprietary lessees of a unit is present at a meeting of the association, he is entitled to cast all the votes allocated to the cooperative interest of which that unit is a part. If more than one of the multiple proprietary lessees are present, the votes allocated to that cooperative interest may be cast only in accordance with the agreement of a majority in interest of the multiple proprietary lessees, unless the declaration expressly provides otherwise. There is majority agreement if any one of the multiple proprietary lessees casts the votes allocated to that cooperative interest without protest being made promptly to the person presiding over the meeting by any of the other proprietary lessees of the cooperative interest.B. Votes allocated to a cooperative interest may be cast pursuant to a proxy duly executed by a proprietary lessee. If there is more than one proprietary lessee of a unit, each proprietary lessee of the unit may vote or register protest to the casting of votes by the other proprietary lessees of the unit through a duly executed proxy. A proprietary lessee may not revoke a proxy given pursuant to this section except by actual notice of revocation to the person presiding over a meeting of the association. A proxy is void if it is not dated or purports to be revocable without notice. A proxy terminates one year after its date, unless a shorter term is specified.C. If the declaration requires that votes on specified matters affecting the cooperative be cast by lessees other than proprietary lessees of leased units: (i) the provisions of subsections A and B apply to lessees as if they were proprietary lessees; (ii) proprietary lessees who have leased their units to other persons may not cast votes on those specified matters; and (iii) lessees are entitled to notice of meetings, access to records, and other rights respecting those matters as if they were proprietary lessees. Proprietary lessees must also be given notice, in the manner provided in § 55.1-2140, of all meetings at which such lessees may be entitled to vote.D. All votes allocated to a cooperative interest owned by the association shall be deemed present for quorum purposes at all duly called meetings of the association and shall be deemed cast in the same proportions as the votes cast by proprietary lessees, other than the association.1982, c. 277, § 55-467; 2004, c. 242; 2019, c. 712.
VA Code § 55.1-2143 (2021)
2021 Code of Virginia|Title 55.1 - Property and Conveyances|Chapter 21 - Virginia Real Estate Cooperative Act|§ 55.1-2143. Tort and contract liability

Neither the association nor any proprietary lessee except the declarant is liable for that declarant's torts in connection with any part of the cooperative that that declarant has the responsibility to maintain. Otherwise, an action alleging wrongdoing by the association shall be brought against the association and not against any proprietary lessee. If such wrongdoing occurred during any period of declarant control, and the association gives the declarant reasonable notice of and an opportunity to defend against the action, the declarant who then controlled the association is liable to the association or to any proprietary lessee (i) for all tort losses not covered by insurance suffered by the association or that proprietary lessee and (ii) for all costs that the association would not have incurred but for a breach of contract or other wrongful act or omission. Whenever the declarant is liable to the association under this section, the declarant is also liable for all litigation expenses, including reasonable attorney fees, incurred by the association. Any statute of limitation affecting the association's right of action under this section is tolled until the period of declarant control terminates.A proprietary lessee is not precluded from bringing an action contemplated by this section because he is a proprietary lessee or a member or officer of the association. Liens resulting from judgments against the association are governed by § 55.1-2151.1982, c. 277, § 55-468; 2019, c. 712.
VA Code § 55.1-2144 (2021)
2021 Code of Virginia|Title 55.1 - Property and Conveyances|Chapter 21 - Virginia Real Estate Cooperative Act|§ 55.1-2144. Conveyance or encumbrance of the cooperative

A. Part of the cooperative may be conveyed, and all or part of the cooperative may be subjected to a security interest, by the association if persons entitled to cast at least 80 percent of the votes in the association, including a simple majority of the votes allocated to cooperative interests not owned by a declarant, or any larger percentage the declaration specifies, agree to that action. If fewer than all the units or limited common elements are to be conveyed or subjected to a security interest, then all the proprietary lessees of those units, or the units to which those limited common elements are allocated, must agree in order to convey those units or limited common elements or subject them to a security interest. The declaration may specify a smaller percentage only if all of the units are restricted exclusively to nonresidential uses. Proceeds of the sale are an asset of the association.B. An agreement to convey a part of the cooperative or subject it to a security interest must be evidenced by the execution of an agreement, or ratifications of such an agreement, in the same manner as a deed, by the requisite number of proprietary lessees. The agreement must specify a date after which the agreement will be void unless recorded before that date. The agreement and such ratifications must be recorded in every county or city in which a portion of the cooperative is situated and is effective only upon recordation.C. The association, on behalf of the proprietary lessees, may contract to convey a part of the cooperative or subject it to a security interest, but the contract is not enforceable against the association until approved pursuant to subsections A and B. After such approval, the association has all powers necessary and appropriate to effect the conveyance or encumbrance including the power to execute deeds or other instruments.D. Any purported conveyance, encumbrance, or other voluntary transfer of the cooperative, unless made pursuant to this section or pursuant to subsection C of § 55.1-2128, is void.E. A conveyance or encumbrance of the cooperative pursuant to this section does not deprive any unit of its rights of access and support.1982, c. 277, § 55-469; 2019, c. 712.
VA Code § 55.1-2147 (2021)
2021 Code of Virginia|Title 55.1 - Property and Conveyances|Chapter 21 - Virginia Real Estate Cooperative Act|§ 55.1-2147. Annual budget; reserves for capital components

A. Except to the extent provided in the declaration, the board of directors shall, prior to the commencement of the fiscal year, make available to lot owners either (i) the annual budget of the association or (ii) a summary of such annual budget.B. Except to the extent otherwise provided in the declaration, the executive board shall:1. Conduct at least once every five years a study to determine the necessity and amount of reserves required to repair, replace, and restore the capital components as defined in § 55.1-2100;2. Review the results of that study at least annually to determine if reserves are sufficient; and3. Make any adjustments the executive board deems necessary to maintain reserves, as appropriate.C. To the extent that the reserve study conducted in accordance with this section indicates a need to budget for reserves, the association budget shall include:1. The current estimated replacement cost, estimated remaining life, and estimated useful life of the capital components as defined in § 55.1-2100;2. As of the beginning of the fiscal year for which the budget is prepared, the current amount of accumulated cash reserves set aside to repair, replace, or restore the capital components and the amount of the expected contribution to the reserve fund for that fiscal year;3. A statement describing the procedures used for estimation and accumulation of cash reserves pursuant to this section and the extent to which the association is funding its reserve obligations consistent with the study currently in effect; and4. A statement of the amount of reserves recommended in the study and the amount of current cash for replacement reserves.2005, c. 436, § 55-471.1; 2019, cc. 33, 44, 712.
VA Code § 55.1-2149 (2021)
2021 Code of Virginia|Title 55.1 - Property and Conveyances|Chapter 21 - Virginia Real Estate Cooperative Act|§ 55.1-2149. Other liens affecting the cooperative

A. Regardless of whether his cooperative interest is subject to the claims of the association's creditors, no property of a proprietary lessee other than his cooperative interest is subject to those claims.B. If the association receives notice of an impending foreclosure on all or any portion of the association's real estate, the association shall promptly transmit a copy of that notice to each proprietary lessee of a unit located within the real estate to be foreclosed. Failure of the association to transmit the notice does not affect the validity of the foreclosure.1982, c. 277, § 55-473; 2019, c. 712.
VA Code § 55.1-2150 (2021)
2021 Code of Virginia|Title 55.1 - Property and Conveyances|Chapter 21 - Virginia Real Estate Cooperative Act|§ 55.1-2150. Limitation of assumption of debt and encumbrances

Unless approved by persons entitled to cast at least 80 percent of the votes in the association, including a simple majority of the votes allocated to cooperative interests not owned by a declarant or any larger percentage the declaration specifies, (i) the association shall not assume or take subject to any debt, inclusive of any principal and interest accrued thereon, incurred in the original acquisition, development, or construction of or the conversion of the cooperative in excess of the amounts disclosed in the public offering statement pursuant to § 55.1-2155 or 55.1-2156, nor shall the cooperative or any proprietary lessee's interest be encumbered by a security interest for any greater amount incurred for such purposes, and (ii) the declarant shall not amend the public offering statement to change the amounts disclosed after conveyance of the first unit to a proprietary lessee. However, the amounts disclosed shall not be subject to adjustment such that the association or the proprietary lessees are subjected to the construction or market risks of the declarant.2004, c. 242, § 55-473.1; 2019, c. 712.
VA Code § 55.1-2151 (2021)
2021 Code of Virginia|Title 55.1 - Property and Conveyances|Chapter 21 - Virginia Real Estate Cooperative Act|§ 55.1-2151. Association records

The association shall keep financial records sufficiently detailed to enable the association to comply with § 55.1-2161. All financial and other records shall be made reasonably available for examination by any proprietary lessee and his authorized agents.1982, c. 277, § 55-474; 2019, c. 712.