reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 19 - Virginia Condominium Act › § 55.1-1969. Restraints on alienation

If the condominium instruments create any rights of first refusal or other restraints on free alienability of the condominium units, such rights and restraints are void unless the condominium instruments make provision for promptly furnishing to any unit owner or purchaser requesting such rights and restraints a recordable statement certifying to any waiver of, or failure or refusal to exercise, such rights and restraints, in all cases where such waiver, failure, or refusal does in fact occur. Failure or refusal to furnish promptly such a statement in such circumstances in accordance with the provisions of the condominium instruments make all such rights and restraints inapplicable to any disposition of a condominium unit in contemplation of which such statement was requested. Any such statement shall be binding on the unit owners' association, the executive board, and every unit owner. Payment of a fee not exceeding $25 may be required as a prerequisite to the issuance of such a statement if the condominium instruments so provide.
1974, c. 416, § 55-79.85; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 19 - Virginia Condominium Act › § 55.1-1971. General powers and duties of the Common Interest Community Board

A. The Common Interest Community Board shall prescribe reasonable regulations, which shall be adopted, amended, or repealed in compliance with law applicable to the administrative procedure of agencies of government. The regulations shall include provisions for advertising standards to assure full and fair disclosure, provisions for operating procedures, and other regulations as are necessary and proper to accomplish the purpose of this chapter.
B. The Common Interest Community Board by regulation or by an order, after reasonable notice and hearing, may require the filing of advertising material relating to condominiums prior to its distribution.
C. If it appears that a person has engaged or is about to engage in an act or practice constituting a violation of a provision of this chapter or Common Interest Community Board regulation or order, the Common Interest Community Board, with or without prior administrative proceedings, may bring an action in the circuit court of the county or city in which any portion of the condominium is located to enjoin the acts or practices and to enforce compliance with this chapter or any Common Interest Community Board regulation or order. Upon proper showing, injunctive relief or temporary restraining orders shall be granted. The Common Interest Community Board is not required to post a bond in any court proceedings or prove that no other adequate remedy at law exists.
D. With respect to any lawful process served upon the Common Interest Community Board pursuant to the appointment made in accordance with subdivision A 1 of § 55.1-1975, the Common Interest Community Board shall forthwith cause the same to be sent by registered or certified mail to any of the principals, officers, directors, partners, or trustees of the declarant listed in the application for registration at the last address listed in such application or the most recent annual report.
E. The Common Interest Community Board may intervene in any action involving the declarant. In any action by or against a declarant involving a condominium, the declarant shall promptly furnish the Common Interest Community Board notice of the action and copies of all pleadings.
F. The Common Interest Community Board may:
1. Accept registrations filed in other states or with the federal government;
2. Contract with similar agencies in the Commonwealth or other jurisdictions to perform investigative functions; and
3. Accept grants in aid from any governmental source.
G. The Common Interest Community Board shall cooperate with similar agencies in other jurisdictions to establish uniform filing procedures and forms, uniform public offering statements, advertising standards, regulations, and common administrative practices.
1974, c. 416, § 55-79.98; 1981, c. 480; 2011, c. 605; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 19 - Virginia Condominium Act › § 55.1-1972. Exemptions from certain provisions of article

A. Unless the method of offer or disposition is adopted for the purpose of evasion of this chapter, the provisions of §§ 55.1-1974 through 55.1-1979, subsections B and D of § 55.1-1982, and §§ 55.1-2308 and 55.1-2309 do not apply to:
1. Dispositions pursuant to court order;
2. Dispositions by any government or government agency;
3. Offers by the declarant on nonbinding reservation agreements;
4. Dispositions in a residential condominium in which there are three or fewer units, so long as the condominium instruments do not reserve to the declarant the right to create additional condominium units; or
5. A disposition of a unit by a sale at an auction where a current public offering statement or resale certificate was made available as part of an auction package for prospective purchasers prior to the auction sale.
B. In cases of dispositions in a condominium where all units are restricted to nonresidential use, the provisions of §§ 55.1-1974 through 55.1-1983 shall not apply, unless the method of offer or disposition is adopted for the purpose of evasion of this chapter.
1974, c. 416, § 55-79.87; 1975, c. 415; 1984, c. 427; 1993, c. 667; 2007, c. 266; 2012, c. 325; 2015, c. 277; 2019, c. 712; 2023, cc. 387, 388.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 19 - Virginia Condominium Act › § 55.1-1973. Rental of units

A. Except as expressly authorized in this chapter or in the condominium instruments or as otherwise provided by law, no unit owners' association shall:
1. Condition or prohibit the rental of a unit to a tenant by a unit owner or make an assessment or impose a charge except as provided in § 55.1-1904;
2. Charge a rental fee, application fee, or other processing fee of any kind in excess of $50 during the term of any lease;
3. Charge an annual or monthly rental fee or any other fee not expressly authorized in § 55.1-1904;
4. Require the unit owner to use a lease or an addendum to the lease prepared by the unit owners' association;
5. Charge any deposit from the unit owner or the tenant of the unit owner;
6. Have the authority to evict a tenant of any unit owner or to require any unit owner to execute a power of attorney authorizing the unit owners' association to so evict; or
7. Refuse to recognize a person designated by the unit owner as the unit owner's authorized representative under the provisions of § 55.1-1962. Notwithstanding any other provision of this subdivision, the requirements of § 55.1-1953 and the condominium instruments shall be satisfied before any such representative may exercise a vote on behalf of a unit owner as a proxy.
B. The unit owners' association may require the unit owner to provide the unit owners' association with the names and contact information of the tenants and authorized occupants under such lease and of any authorized agent of the unit owner and vehicle information for such tenants or authorized occupants. The unit owners' association may require the unit owner to provide the unit owners' association with the tenant's acknowledgment of and consent to any rules and regulations of the unit owners' association.
C. The provisions of this section shall not apply to units owned by the unit owners' association.
2015, c. 277, § 55-79.87:1; 2016, c. 471; 2019, c. 712; 2022, cc. 65, 66.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 19 - Virginia Condominium Act › § 55.1-1974. Limitations on dispositions of units

Unless exempt by § 55.1-1972:
1. No declarant may offer or dispose of any interest in a condominium unit located in the Commonwealth, nor offer or dispose of in the Commonwealth any interest in a condominium unit located outside of the Commonwealth prior to the time the condominium including such unit is registered in accordance with this chapter.
2. No declarant may dispose of any interest in a condominium unit unless he delivers to the purchaser a current public offering statement by the time of such disposition and such disposition is expressly and without qualification or condition subject to cancellation by the purchaser within five calendar days from the contract date of the disposition or delivery of the current public offering statement, whichever is later. If the purchaser elects to cancel, he may do so by notice of such cancellation hand-delivered or sent by United States mail, return receipt requested, to the declarant. Such cancellation shall be without penalty, and any deposit made by the purchaser shall be promptly refunded in its entirety.
3. The purchaser's right to cancel the purchase contract pursuant to subdivision 2 shall be set forth on the first page of the purchase contract in boldface print of not less than 12-point type.
4. The prospective purchaser may cancel a nonbinding reservation agreement by written notice, hand-delivered or sent by United States mail, return receipt requested, to the declarant or to any sales agent of the declarant at any time prior to the formation of a contract for the sale or lease of a condominium unit or an interest in such unit. Such agreement shall not contain any provision for waiver or any other provision in derogation of the rights of the prospective purchaser as contemplated by this section, nor shall any such provision be a part of any ancillary agreement.
1974, c. 416, § 55-79.88; 1975, c. 415; 1988, c. 15; 2014, c. 215; 2019, c. 712; 2020, c. 592.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 19 - Virginia Condominium Act › § 55.1-1977. Inquiry and examination

Upon receipt of an application for registration, the Common Interest Community Board shall conduct an examination of the material submitted to determine that:
1. The declarant can convey or cause to be conveyed the units offered for disposition if the purchaser complies with the terms of the offer;
2. There is reasonable assurance that all proposed improvements will be completed as represented;
3. The advertising material and the general promotional plan are not false or misleading and comply with the standards prescribed by the Common Interest Community Board in its regulations and afford full and fair disclosure;
4. The declarant has not, or if a corporation its officers and principals have not, been convicted of a crime involving condominium unit dispositions or any aspect of the land sales business in the Commonwealth, United States, or any other state or foreign country within the past 10 years and has not been subject to any injunction or administrative order restraining a false or misleading promotional plan involving land dispositions;
5. The public offering statement requirements of this chapter have been satisfied; and
6. All other requirements of this chapter and the Common Interest Community Board's regulations have been satisfied.
1974, c. 416, § 55-79.91; 1988, c. 15; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 19 - Virginia Condominium Act › § 55.1-1978. Notice of filing and registration

A. Upon receipt of the application for registration, the Common Interest Community Board shall issue a notice of filing to the applicant within five business days. In the case of receipt of an application for a condominium that is a conversion condominium, the Common Interest Community Board shall also issue within five business days a notice of filing to the chief administrative officer of the county or city in which the proposed condominium is located, and the notice shall include the name and address of the applicant and the name and address or location of the proposed condominium. Within 60 days from the date of the notice of filing, the Common Interest Community Board shall enter an order registering the condominium or rejecting the registration. If no order of rejection is entered within 60 days from the date of notice of filing, the condominium shall be deemed registered unless the applicant has consented in writing to a delay.
B. If the Common Interest Community Board affirmatively determines, upon inquiry and examination, that the requirements of this chapter and the Common Interest Community Board's regulations have been met, it shall enter an order registering the condominium and shall designate the form of the public offering statement.
C. If the Common Interest Community Board determines upon inquiry and examination that any of the requirements of this chapter and the Common Interest Community Board's regulations have not been met, the Common Interest Community Board shall notify the applicant that the application for registration must be corrected in the particulars specified within 20 days. If the requirements are not met within the time allowed, the Common Interest Community Board shall enter an order rejecting the registration, and such order shall include the findings of fact upon which the order is based. The order rejecting the registration shall not become effective for 20 days after issuance of the order. During this 20-day period, the applicant may petition for reconsideration and shall be entitled to a hearing to correct the particulars specified in the Common Interest Community Board's notice. Such order of rejection shall not take effect, in any event, until such time as the hearing, once requested, is given to the applicant.
1974, c. 416, § 55-79.92; 1985, c. 107; 1988, c. 15; 2006, c. 726; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 19 - Virginia Condominium Act › § 55.1-1979. Annual report by declarant

The declarant shall file a report in the form prescribed by the regulations of the Common Interest Community Board within 30 days of each anniversary date of the order registering the condominium. The report shall reflect any material changes in information contained in the original application for registration.
1974, c. 416, § 55-79.93; 1975, c. 415; 1988, c. 15; 2012, cc. 481, 797; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 19 - Virginia Condominium Act › § 55.1-1980. Annual report by unit owners' association

The unit owners' association shall file an annual report in a form and at such time as prescribed by regulations of the Common Interest Community Board. The filing of the annual report required by this section shall begin upon the termination of the declarant control period pursuant to § 55.1-1943. The annual report shall be accompanied by a fee in an amount established by the Common Interest Community Board, which shall be paid into the state treasury and credited to the Common Interest Community Management Information Fund established pursuant to § 54.1-2354.2.
1993, c. 958, § 55-79.93:1; 2008, cc. 851, 871; 2009, c. 557; 2012, cc. 481, 797; 2019, cc. 391, 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 19 - Virginia Condominium Act › § 55.1-1981. Termination of registration

A. In the event that all of the units in the condominium have been disposed of and that all periods for conversion or expansion have expired, the Common Interest Community Board shall issue an order terminating the registration of the condominium.
B. Notwithstanding any other provision of this chapter, the Common Interest Community Board may administratively terminate the registration of a condominium if:
1. The declarant has not filed an annual report in accordance with § 55.1-1979 for three or more consecutive years; or
2. The declarant's registration with the State Corporation Commission, if applicable, has not been active for five or more consecutive years.
2012, cc. 481, 797, § 55-79.93:2; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 19 - Virginia Condominium Act › § 55.1-1984. Declarant to deliver declaration to purchaser

The declarant shall within 10 days of recordation of the condominium instruments as provided for in §§ 55.1-1907 and 55.1-1911 forward to each purchaser at his last known address by first-class mail, return receipt requested, an exact copy of the recorded declaration and bylaws.
1974, c. 416, § 55-79.96; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 19 - Virginia Condominium Act › § 55.1-1985. Investigations and proceedings

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.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 19 - Virginia Condominium Act › § 55.1-1986. Cease and desist orders

A. The Common Interest Community Board may issue an order requiring a person to cease and desist from any of the unlawful practices enumerated in subdivisions 1 through 5 and to take such affirmative action as in the judgment of the Common Interest Community Board will carry out the purposes of this chapter if the Common Interest Community Board determines after notice and hearing that such person has:
1. Violated any provision of this chapter;
2. Directly or through an agent or employee knowingly engaged in any false, deceptive, or misleading advertising, promotional, or sales methods to offer or dispose of a unit;
3. Made any substantial change in the plan of disposition and development of the condominium subsequent to the order of registration without notifying the Common Interest Community Board;
4. Disposed of any units that have not been registered with the Common Interest Community Board; or
5. Violated any lawful order or regulation of the Common Interest Community Board.
B. If the Common Interest Community Board makes a finding of fact in writing that the public interest will be irreparably harmed by delay in issuing an order, it may issue a temporary order to cease and desist or to take such affirmative action as may be deemed appropriate by the Common Interest Community Board. Prior to issuing the temporary order, the Common Interest Community Board shall give notice of the proposal to issue a temporary order to the person. Every temporary order shall include in its terms a provision that upon request a hearing will be held promptly to determine whether it becomes permanent.
1974, c. 416, § 55-79.100; 1975, c. 415; 2019, cc. 467, 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 19 - Virginia Condominium Act › § 55.1-1987. Revocation of registration

A. A registration may be revoked by the Common Interest Community Board after notice and hearing upon a written finding of fact in accordance with the Administrative Process Act (§ 2.2-4000 et seq.) that the declarant has:
1. Failed to comply with the terms of a cease and desist order;
2. Been convicted in any court subsequent to the filing of the application for registration for a crime involving fraud, deception, false pretenses, misrepresentation, false advertising, or dishonest dealing in real estate transactions;
3. Disposed of, concealed, or diverted any funds or assets of any person so as to defeat the rights of unit purchasers;
4. Failed faithfully to perform any stipulation or agreement made with the Common Interest Community Board as an inducement to grant any registration, to reinstate any registration, or to approve any promotional plan or public offering statement; or
5. Made intentional misrepresentations or concealed material facts in an application for registration.
B. If the Common Interest Community Board finds after notice and a hearing that the developer has been guilty of a violation for which revocation could be ordered, it may issue a cease and desist order instead.
1974, c. 416, § 55-79.101; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 19 - Virginia Condominium Act › § 55.1-1988. Judicial review

Proceedings for judicial review shall be in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).
1974, c. 416, § 55-79.102; 1996, c. 573; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 19 - Virginia Condominium Act › § 55.1-1989. Penalties

Any person who willfully violates any provision of § 55.1-1972, 55.1-1974, 55.1-1975, 55.1-1976, 55.1-1979, 55.1-1982, or 55.1-1983 or any regulation adopted under or order issued pursuant to § 55.1-1971, or any person who willfully in an application for registration makes any untrue statement of a material fact or omits to state a material fact is guilty of a misdemeanor and may be fined not less than $1,000 or double the amount of gain from the transaction, whichever is the larger, but not more than $50,000, or he may be imprisoned for not more than six months, or both, for each offense.
1974, c. 416, § 55-79.103; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 20 - Horizontal Property Act › § 55.1-2001. Property taxes assessed on individual apartments

Property taxes assessed by the Commonwealth or by any locality shall be assessed on and collected on the individual apartments and not on the property as a whole, or on the common elements.
1962, c. 627, § 14, § 55-79.14; 1966, c. 683; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 20 - Horizontal Property Act › § 55.1-2002. Chapter additional and supplemental

The provisions of this chapter shall be in addition and supplemental to all other provisions of law, provided that wherever the application of the provisions of this chapter conflict with the application of such other provisions, this chapter shall prevail.
1962, c. 627, § 32, § 55-79.32; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 20 - Horizontal Property Act › § 55.1-2003. Establishment of horizontal property regime

A. A horizontal property regime is established when a developer, the sole owner, or the co-owners of one or more buildings record a master deed or lease, which includes the particulars enumerated in § 55.1-2008.
B. Pursuant to § 55.1-1901, this chapter is superseded by the Virginia Condominium Act (§ 55.1-1900 et seq.) as of July 1, 1974. No new developments may be established under the provisions of this chapter after that date.
1962, c. 627, § 3, § 55-79.3; 1966, c. 683; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 20 - Horizontal Property Act › § 55.1-2004. Partition

A. The common elements, both general and limited, shall remain undivided. No apartment owner, or any other person, shall bring any action or other proceeding for partition or division of the co-ownership of the common elements as provided under § 55.1-2007.
B. Nothing contained in this section shall be construed as a limitation on partition by the owners of one or more apartments in a horizontal property regime as to the individual ownership of such apartment or apartments without terminating the regime or as to the ownership of property outside the regime, provided that upon partition of any such individual apartment it shall be sold as an entity and shall not be partitioned in kind.
1966, c. 683, § 55-79.34; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 20 - Horizontal Property Act › § 55.1-2005. Apartments subject to individual titles and interests; recording; transfer of garage unit

Once the property is established as a horizontal property regime, an apartment in the building is a separate parcel of real property and may be individually conveyed and encumbered, independent of the other apartments in the building, and the corresponding individual titles and interests shall be recordable. A garage unit sold to a co-owner as a limited common element may be sold or transferred by him to another co-owner in the same horizontal property regime independently of and separately from his apartment.
1962, c. 627, § 4, § 55-79.4; 1966, c. 683; 1973, c. 375; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 20 - Horizontal Property Act › § 55.1-2007. Exclusive and common rights of owners

An apartment owner has an exclusive right to his apartment and has a common right to a share, with other co-owners, in the common elements of the property.
1962, c. 627, § 6, § 55-79.6; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 20 - Horizontal Property Act › § 55.1-2008. Master deed or lease; recordation; particulars

A master deed or lease shall be recorded in the same manner and subject to the same provisions of law as are other deeds, provided that no state or local recordation tax upon the value of the property transferred shall apply to any such deed recorded solely for the purpose of complying with the provisions of § 55.1-2003.
The master deed or lease required pursuant to § 55.1-2003 shall include the following particulars:
1. The description of the land, whether leased or in fee simple, and the building, expressing their respective areas;
2. The general description and the number of each apartment, expressing its area, location, and any other data necessary for its identification;
3. The description of the general common elements of the building; and
4. The provisions requiring the council of co-owners to maintain insurance on the horizontal property regime.
1962, c. 627, § 7, § 55-79.7; 1966, c. 683; 1973, c. 375; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 20 - Horizontal Property Act › § 55.1-2009. Deeds of individual apartments

The deed of each individual apartment shall express the particulars prescribed under subdivisions 1 and 2 of § 55.1-2008 relative to the apartments concerned and shall also express all encumbrances on such apartments.
1962, c. 627, § 8, § 55-79.8; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 20 - Horizontal Property Act › § 55.1-2010. Regrouping or merger of estates with principal property

All of the co-owners or such lesser percentage as may be authorized in the master deed, or the sole owner of a building constituted into a horizontal property regime, may by deed waive this regime and regroup, amend the master deed, or merge the records of the filial estates with the principal property, provided that the filial estates are unencumbered, or if they are encumbered, that the creditors on whose behalf the encumbrances are recorded accept as security the undivided portions of the property owned by the debtors.
1962, c. 627, § 9, § 55-79.9; 1966, c. 683; 1973, c. 374; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 20 - Horizontal Property Act › § 55.1-2011. Merger not to bar subsequent condominium

The merger provided for in § 55.1-2010 shall not bar the subsequent constitution of the property into a condominium whenever so desired, provided that the requirements of the Virginia Condominium Act (§ 55.1-1900 et seq.) are met.
1962, c. 627, § 10, § 55-79.10; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 20 - Horizontal Property Act › § 55.1-2012. Bylaws governing administration of buildings

The administration of every building established as a horizontal property regime shall be governed by bylaws approved and adopted by the council of co-owners. The bylaws may be amended from time to time by the council or the governing board provided for in the council's bylaws.
1962, c. 627, § 11, § 55-79.11; 1966, c. 683; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 20 - Horizontal Property Act › § 55.1-2013. Books and records; inspection; audit

The administrator, board of administration, or person appointed by the bylaws of the regime shall keep a book with a detailed account of the receipts and expenditures affecting the building and its administration and specifying the maintenance and repair expenses of the common elements and any other expenses incurred by or on behalf of the regime. Both the book and vouchers accrediting the entries made in the book shall be available for examination by all the co-owners during business hours that shall be set and announced for general knowledge. All books and records shall be kept in accordance with good accounting procedures and be audited at least once a year by an auditor outside of the organization.
1962, c. 627, § 12, § 55-79.12; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 20 - Horizontal Property Act › § 55.1-2014. Contributions by co-owners

All co-owners are bound to contribute pro rata toward the expenses of administration and of maintenance and repairs of the general common elements, and, in the appropriate case, of the limited common elements of the building, and toward any other expenses lawfully agreed upon by the council of co-owners.
If a co-owner fails to contribute his share as provided in this section, the manager or board of directors of the council of co-owners, or in a proper case, an aggrieved co-owner, may maintain an action at law on behalf of the council of co-owners to recover sums due for damages or in equity for injunctive relief.
No co-owner shall be exempt from contributing toward such expenses by waiver or nonuse of the use or enjoyment of the common elements, both general and limited, or by abandonment of the apartment belonging to him.
Such contributions may be determined and a lien, as the master deed may provide upon default in the payment of any such contribution, may be perfected by filing in the clerk's office in which the master deed is recorded a memorandum showing the name of the delinquent co-owner, the name of the council of co-owners as claimant of the lien, the amount of the claim, and a description of the property on which a lien is claimed verified by oath of the agent of the council of co-owners. The clerk shall record and index such lien as provided in § 43-4.1 and shall charge such fees as are provided by law. Such lien shall be released as provided in §§ 55.1-339 through 55.1-345 upon payment by the co-owner of his contributions.
1962, c. 627, § 13, § 55-79.13; 1966, c. 683; 1973, c. 375; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 20 - Horizontal Property Act › § 55.1-2015. Payment of assessments upon conveyance of apartment; priority

Upon the sale or conveyance of an apartment, all unpaid assessments against a co-owner for his pro rata share in the expenses provided for in § 55.1-2014 shall first be paid out of the sale price or by the purchaser in priority over any other assessments or charges of whatever nature except the following:
1. Assessments, liens, and charges in favor of the Commonwealth or any locality for taxes past due and unpaid on the apartment; and
2. Payments due under mortgages duly recorded.
1962, c. 627, § 15, § 55-79.15; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 20 - Horizontal Property Act › § 55.1-2016. Liens or encumbrances

A. Subsequent to establishment of a horizontal property regime as provided in this chapter, and while the property remains subject to this chapter, no lien shall arise or be effective against the property as a whole or against the common elements. During such period, liens or encumbrances shall arise or be created and enforced only against each apartment and the percentage of undivided interest in the common areas and facilities appurtenant to such apartment in the same manner and under the same conditions in every respect as liens or encumbrances may arise or be created upon or against any other separate parcel of real property subject to individual ownership, provided that no labor performed or materials furnished with the consent or at the request of an apartment owner or such owner's agent, contractor, or subcontractor shall be the basis for the filing of a mechanic's lien against the apartment or any other property of any other apartment owner not expressly consenting to or requesting the same, except that such express consent shall be deemed to be given by the owner of any apartment in the case of emergency repairs to such apartment. Labor performed or materials furnished for the common elements and facilities, if duly authorized by the council of co-owners, the manager, or the board of directors in accordance with this chapter, the master deed, or the bylaws, shall be deemed to be performed or furnished with the express consent of each apartment owner and shall be the basis for the filing of a mechanic's lien against each of the apartments and shall be subject to the provisions of subsection B. Notice of such lien may be served on the manager or the board of directors of the council of co-owners.
B. If a lien is filed against two or more apartments and their respective percentage interest in the common elements, the apartment owners of the separate apartments may remove their apartments and their percentage interests in the common elements appurtenant to such apartments from the lien by payment of the fractional or proportional amounts attributable to each of the apartments affected, or they may file a written undertaking with surety approved by the court. Such individual payment, or amount of bond, shall be computed by reference to the percentage established pursuant to the bylaws of the horizontal property regime. After such partial payment, filing of bond, partial discharge, or release, or other satisfaction, the apartment and its percentage interest in the common elements shall be free and clear of such lien. Such partial payment, indemnity, satisfaction, or discharge shall not prevent the lienor from proceeding to enforce its rights against any apartment and its percentage interest in the common elements not so paid, indemnified, satisfied, or discharged.
1966, c. 683, § 55-79.35; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 20 - Horizontal Property Act › § 55.1-2017. Rule against perpetuities; rule restricting unreasonable restraints on alienation

The rules of property law known as the rule against perpetuities and the rule restricting unreasonable restraints on alienation shall not be applied to defeat any of the provisions of this chapter or of any provisions of any master deed or lease, bylaws, or other document executed in accordance with this chapter as to the horizontal property regime. This exemption shall not apply to estates in the individual apartments.
1966, c. 683, § 55-79.36; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 20 - Horizontal Property Act › § 55.1-2018. Liability of owner

A. The liability of the owner of an apartment for pro rata expenses shall be limited to the amounts assessed from time to time in accordance with this chapter, the master deed or lease, or the bylaws.
B. The owner of an apartment shall not be personally liable with respect to the negligence of any other co-owner except insofar as the negligent co-owner is acting for the council of co-owners.
1966, c. 683, § 55-79.37; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 20 - Horizontal Property Act › § 55.1-2019. Compliance by co-owner with bylaws and administrative rules and regulations

Each co-owner shall comply with the bylaws of the horizontal property regime and with the administrative rules and regulations adopted pursuant to such bylaws, as may be amended from time to time, and with the covenants, conditions, or restrictions set forth in the deed to the individual apartment. Failure to comply with any such bylaws, rules and regulations, or covenants, conditions, or restrictions is grounds for an action by the manager or board of directors of the council of co-owners, or in a proper case, an aggrieved owner, on behalf of the council of co-owners to recover sums due for damages and for injunctive relief.
1966, c. 683, § 55-79.38; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 20 - Horizontal Property Act › § 55.1-2020. Deposits to be held in escrow

Any deposit made with a reservation to purchase or a contract to purchase shall be held in escrow in a separate fund for such deposits designated as such until the deed for which a deposit was made is delivered to the depositor.
1973, c. 375, § 55-79.21:1; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 21 - Virginia Real Estate Cooperative Act › § 55.1-2101. Applicability

A. This chapter applies to all cooperatives created within the Commonwealth after July 1, 1982. Unless the declaration provides that the entire chapter is applicable, such a cooperative is subject only to §§ 55.1-2104 and 55.1-2105 if the cooperative contains only units restricted to nonresidential use or contains no more than three units and is not subject to any development rights.
B. Except as provided in subsection C, §§ 55.1-2100, 55.1-2104, 55.1-2105, 55.1-2109, 55.1-2114, and 55.1-2131, subdivisions A 1 through 6 and 11 through 17 of § 55.1-2133, and §§ 55.1-2143, 55.1-2148, 55.1-2151, 55.1-2169, 55.1-2170, and 55.1-2309 apply to all cooperatives created in the Commonwealth before July 1, 1982. Those sections apply only with respect to events and circumstances occurring after July 1, 1982, and do not invalidate existing provisions of the cooperative documents of those cooperatives. With regard to any cooperative created before July 1, 1982, § 55.1-2104 applies only to real estate acquired by that cooperative's association on or after that date. For the purposes of this section, a cooperative was created before July 1, 1982, if the cooperative was conveyed to the association before that date.
C. If a cooperative created within the Commonwealth before July 1, 1982, contains no more than three units and is not subject to any development rights, it is subject only to §§ 55.1-2104 and 55.1-2105, unless the declaration is amended to make any or all of the sections enumerated in subsection B apply to that cooperative.
D. This chapter does not apply to cooperatives or cooperative interests located outside the Commonwealth, but the public offering statement provisions as given in §§ 55.1-2153 through 55.1-2160 apply to all contracts for the disposition of cooperative interests signed in the Commonwealth by any party, unless exempt under subsection B of § 55.1-2153. The Common Interest Community Board regulations provisions under Article 5 (§ 55.1-2173 et seq.) apply to any such offering in the Commonwealth.
E. This chapter does not apply to any cooperatives that receive federal funding pursuant to the public housing or § 8 program under the United States Housing Act of 1937, as amended.
F. This chapter does not apply to any cooperative that, when acquired by an association, is subject to a mortgage or deed of trust securing an indebtedness owed to any government or governmental authority to which the association has contractual obligations in addition to those set forth in such mortgage or deed of trust.
1982, c. 277, § 55-425; 1983, c. 312; 1986, cc. 368, 557; 2019, c. 712; 2023, cc. 387, 388.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 21 - Virginia Real Estate Cooperative Act › § 55.1-2102. Variation by agreement

Except as expressly provided in this chapter, provisions of this chapter shall not be varied by agreement, and rights conferred by this chapter shall not be waived. A declarant shall not act under a power of attorney, or use any other device, to evade the limitations or prohibitions of this chapter or the declaration.
1982, c. 277, § 55-427; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 21 - Virginia Real Estate Cooperative Act › § 55.1-2105. Eminent domain

A. If a unit is acquired by eminent domain, or if part of a unit is acquired by eminent domain leaving the proprietary lessee with a remnant that may not practically or lawfully be used for any purpose permitted by the declaration, the award for such unit shall include compensation to the proprietary lessee for the value of his cooperative interest. Upon acquisition, unless the order otherwise provides, that cooperative interest's allocated interests are automatically reallocated to the remaining cooperative interests in proportion to the respective allocated interests of those cooperative interests before the taking, and the association shall promptly prepare, execute, and record an amendment to the declaration reflecting the reallocations. Any remnant of a unit remaining after part of a unit is taken under this subsection is thereafter a common element.
B. Except as provided in subsection A, if part of a unit is acquired by eminent domain, the award for such unit shall compensate the proprietary lessee for the reduction in value of his cooperative interest. Unless the order provides otherwise, upon acquisition (i) that cooperative interest's allocated interests are reduced in proportion to the reduction in the size of the unit, or on any other basis specified in the declaration, and (ii) the portion of the allocated interests divested from the cooperative interest of which the partially acquired unit is a part is automatically reallocated to that cooperative interest and the remaining units in proportion to the respective allocated interests of those cooperative interests before the taking, with the cooperative interest of which the partially acquired unit is a part participating in the reallocation on the basis of its reduced allocated interests.
C. If part of the common elements is acquired by eminent domain, the portion of the award attributable to the common elements taken shall be paid to the association. Unless the declaration provides otherwise, any portion of the award attributable to the acquisition of a limited common element shall be equally divided among the proprietary lessees of the units to which that limited common element was allocated at the time of acquisition.
D. The court order shall be recorded in every county or city in which any portion of the cooperative is located.
1982, c. 277, § 55-430; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 21 - Virginia Real Estate Cooperative Act › § 55.1-2106. General principles of law applicable

The principles of law and equity, including the law of corporations and unincorporated associations, the law of real property, and the law relative to capacity to contract, principal and agent, eminent domain, estoppel, fraud, misrepresentation, duress, coercion, mistake, receivership, substantial performances, or other validating or invalidating cause supplement the provisions of this chapter, except to the extent inconsistent with this chapter.
1982, c. 277, § 55-431; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 21 - Virginia Real Estate Cooperative Act › § 55.1-2107. Construction against implicit repeal

This chapter, being a general act intended as a unified coverage of its subject matter, shall not be impliedly repealed by subsequent legislation if that construction can reasonably be avoided.
1982, c. 277, § 55-432; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 21 - Virginia Real Estate Cooperative Act › § 55.1-2108. Uniformity of application and construction

This chapter shall be applied and construed so as to effectuate its general purpose to make uniform the law with respect to cooperatives in the Commonwealth.
1982, c. 277, § 55-433; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 21 - Virginia Real Estate Cooperative Act › § 55.1-2109. Unconscionable agreement or term of contract

A. The court, upon finding as a matter of law that a contract or contract clause was unconscionable at the time the contract was made, may (i) refuse to enforce the contract, (ii) enforce the remainder of the contract without the unconscionable clause, or (iii) limit the application of any unconscionable clause in order to avoid an unconscionable result.
B. Whenever it is claimed, or appears to the court, that a contract or any contract clause is or may be unconscionable, the parties, in order to aid the court in making the determination, shall be afforded a reasonable opportunity to present evidence as to:
1. The commercial setting of the negotiations;
2. Whether a party has knowingly taken advantage of the inability of the other party to reasonably protect his interests by reason of physical or mental infirmity, illiteracy, or inability to understand the language of the agreement or similar factors;
3. The effect and purpose of the contract or clause; and
4. If a sale, any gross disparity at the time of contracting between the amount charged for the cooperative interest and the value of the cooperative interest measured by the price at which similar cooperative interests were readily obtainable in similar transactions; however, a disparity between the contract price and the value of the cooperative interest measured by the price at which similar cooperative interests were readily obtainable in similar transactions does not, of itself, render the contract unconscionable.
1982, c. 277, § 55-434; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 21 - Virginia Real Estate Cooperative Act › § 55.1-2111. Remedies to be liberally administered

A. The remedies provided by this chapter shall be liberally administered to the end that the aggrieved party is put in a position as good as its position had the other party fully performed. However, consequential, special, or punitive damages may not be awarded except as specifically provided in this chapter or by other rule of law.
B. Any right or obligation declared by this chapter is enforceable by judicial proceeding.
1982, c. 277, § 55-436; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 21 - Virginia Real Estate Cooperative Act › § 55.1-2112. Creation of cooperative ownership

A cooperative may be created pursuant to this chapter only by recording a declaration executed in the same manner as a deed and by conveying to the association the real estate subject to that declaration. The declaration shall be recorded in every county or city in which any portion of the cooperative is located, indexed in the grantee's index in the name of the cooperative and the association, and indexed in the grantor's index in the name of each person executing the declaration.
1982, c. 277, § 55-438; 2019, c. 712.