reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 10 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC48-10-60 - Petition for rulemaking

Current through Register Vol. 40, No. 24, July 15, 2024
A. As
				  provided in § 2.2-4007 of the Code of Virginia, any person may petition
				  the agency to consider a regulatory action.
B. A petition shall include but is not
				  limited to the following information:
1. The
				  petitioner's name and contact information;
2. The substance and purpose of the
				  rulemaking that is requested, including reference to any applicable Virginia
				  Administrative Code sections; and
3. Reference to the legal authority of the
				  agency to take the action requested.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 10 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC48-10-70 - Appointment of regulatory advisory panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a regulatory
				  advisory panel (RAP) to provide professional specialization or technical
				  assistance when the agency determines that such expertise is necessary to
				  address a specific regulatory issue or action or when individuals indicate an
				  interest in working with the agency on a specific regulatory issue or
				  action.
B. Any person may request
				  the appointment of a RAP and request to participate in its activities. The
				  agency shall determine when a RAP shall be appointed and the composition of the
				  RAP.
C. A RAP may be dissolved by
				  the agency if:
1. The proposed text of the
				  regulation is posted on the Town Hall, published in the Virginia Register, or
				  such other time as the agency determines is appropriate; or
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 10 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC48-10-80 - Appointment of negotiated rulemaking panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a negotiated
				  rulemaking panel (NRP) if a regulatory action is expected to be
				  controversial.
B. An NRP that has
				  been appointed by the agency may be dissolved by the agency when:
1. There is no longer controversy associated
				  with the development of the regulation;
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act; or
3. The agency
				  determines that resolution of a controversy is unlikely.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 10 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC48-10-90 - Meetings

Current through Register Vol. 40, No. 24, July 15, 2024
Notice of any open meeting, including meetings of a RAP or
					 NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth
					 Calendar at least seven working days prior to the date of the meeting. The
					 exception to this requirement is any meeting held in accordance with §
					 2.2-3707D of the Code of Virginia allowing for contemporaneous notice to be
					 provided to participants and the public.
Statutory Authority
§§ 2.2-4007.02 and 54.1-2349 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 10 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC48-10-100 - Public hearings on regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall indicate in its notice of
				  intended regulatory action whether it plans to hold a public hearing following
				  the publication of the proposed stage of the regulatory action.
B. The agency may conduct one or more public
				  hearings during the comment period following the publication of a proposed
				  regulatory action.
C. The agency is
				  required to hold a public hearing following the publication of the proposed
				  regulatory action when:
1. The agency's basic
				  law requires the agency to hold a public hearing;
2. The Governor directs the agency to hold a
				  public hearing; or
3. The agency
				  receives requests for a public hearing from at least 25 persons during the
				  public comment period following the publication of the notice of intended
				  regulatory action.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 10 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC48-10-110 - Periodic review of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall conduct a periodic review
				  of its regulations consistent with:
1. An
				  executive order issued by the Governor pursuant to § 2.2-4017 of the
				  Administrative Process Act to receive comment on all existing regulations as to
				  their effectiveness, efficiency, necessity, clarity, and cost of compliance;
				  and
2. The requirements in §
				  2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility
				  for small businesses.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 20 - CONDOMINIUM REGULATIONS › Part IV - Marketing (Repealed) › Section 18VAC48-20-160

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 54.1-2349 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 20 - CONDOMINIUM REGULATIONS › Part IV - Marketing (Repealed) › Section 18VAC48-20-170

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 54.1-2349 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 20 - CONDOMINIUM REGULATIONS › Part IV - Marketing (Repealed) › Section 18VAC48-20-180

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 54.1-2349 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 20 - CONDOMINIUM REGULATIONS › Part IV - Marketing (Repealed) › Section 18VAC48-20-190

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 54.1-2349 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 20 - CONDOMINIUM REGULATIONS › Part IV - Marketing (Repealed) › Section 18VAC48-20-200

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 54.1-2349 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 30 - CONDOMINIUM REGULATIONS › Part I - General › Section 18VAC48-30-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
This chapter governs the exercise of powers granted to and
					 the performance of duties imposed upon the Common Interest Community Board by
					 the Virginia Condominium Act (§
										55.1-1900 et seq. of
					 the Code of Virginia) as the act pertains to the registration of
					 condominiums.
Statutory Authority: §
												54.1-2349
						of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 30 - CONDOMINIUM REGULATIONS › Part I - General › Section 18VAC48-30-30 - Explanation of terms

Current through Register Vol. 40, No. 24, July 15, 2024
Each reference in this chapter to a "declarant,"
					 "purchaser," and "unit owner" or to the plural of those terms shall be deemed
					 to refer, as appropriate, to the masculine and the feminine, to the singular
					 and the plural, and to natural persons and organizations. The term "declarant"
					 shall refer to any successors to the persons referred to in §
										55.1-1900 of the Code
					 of Virginia who come to stand in the same relation to the condominium as their
					 predecessors in that they assumed rights reserved for the benefit of a
					 declarant that (i) offers to dispose of his interest in a condominium unit not
					 previously disposed of, (ii) reserves or succeeds to any special declarant
					 right, or (iii) applies for registration of the condominium.
Statutory Authority: §
												54.1-2349
						of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 30 - CONDOMINIUM REGULATIONS › Part I - General › Section 18VAC48-30-40 - Condominiums located outside of Virginia

Current through Register Vol. 40, No. 24, July 15, 2024
A. In any case involving a condominium
				  located outside of Virginia in which the laws or practices of the jurisdiction
				  in which such condominium is located prevent compliance with a provision of
				  this chapter, the board shall prescribe, by order, a substitute provision to be
				  applicable in such case that is as nearly equivalent to the original provision
				  as is reasonable under the circumstances.
B. The words "declaration," "bylaws,"
				  "plats," and "plans," when used in this chapter with reference to a condominium
				  located outside of Virginia, shall refer to documents, portions of documents,
				  or combinations thereof, by whatever name denominated, that have a content and
				  function identical or substantially equivalent to the content and function of
				  their Virginia counterparts.
C. The
				  words "recording" or "recordation," when used with reference to condominium
				  instruments of a condominium located outside of Virginia, shall refer to a
				  procedure that, in the jurisdiction in which such condominium is located,
				  causes the condominium instruments to become legally effective.
D. This chapter shall apply to a contract for
				  the disposition of a condominium unit located outside of Virginia only to the
				  extent permissible under the provisions of subsection B of §
										55.1-1901
				  of the Code of Virginia.
Statutory Authority: §
												54.1-2349
						of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 30 - CONDOMINIUM REGULATIONS › Part I - General › Section 18VAC48-30-50 - Exemptions from registration

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  The exemption from registration of condominiums in which all units are
				  restricted to nonresidential use provided in subsection B of §
										55.1-1972
				  of the Code of Virginia shall not be deemed to apply to any condominium as to
				  which there is a substantial possibility that a unit therein other than a unit
				  owned by the declarant or the unit owners' association will be used as
				  permanent or temporary living quarters or as a site upon which vehicular or
				  other portable living quarters will be placed and occupied. Residential use for
				  the purposes of this chapter includes transient occupancy.
B. Nothing in this chapter shall apply in the
				  case of a condominium exempted from registration by §
										55.1-1972
				  of the Code of Virginia or condominiums located outside of Virginia as provided
				  in subsection B of §
										55.1-1901
				  of the Code of Virginia for which no contracts are to be signed in
				  Virginia.
Statutory Authority: §
												54.1-2349
						of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 30 - CONDOMINIUM REGULATIONS › Part I - General › Section 18VAC48-30-60 - Preregistration offers prohibited

Current through Register Vol. 40, No. 24, July 15, 2024
No condominium marketing activity shall be deemed an offer
					 unless, by its express terms, it induces, solicits, or encourages a prospective
					 purchaser to execute a contract of sale of the condominium unit or lease of a
					 leasehold condominium unit or perform some other act that would create or
					 purport to create a legal or equitable interest in the condominium unit other
					 than a security interest in or a nonbinding reservation of the condominium
					 unit.
Statutory Authority: § 54.1-2349 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 30 - CONDOMINIUM REGULATIONS › Part II - Marketing › Section 18VAC48-30-70 - Condominium marketing activities

Current through Register Vol. 40, No. 24, July 15, 2024
Condominium marketing activities shall include every
					 contact for the purpose of promoting disposition of a condominium unit. Such
					 contacts may be personal, by telephone, by mail, by electronic means including,
					 but not limited to, social media, or by advertisement. A promise, assertion,
					 representation, or statement of fact or opinion made in connection with a
					 condominium marketing activity may be oral, written, or
					 graphic.
Statutory Authority: § 54.1-2349 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 30 - CONDOMINIUM REGULATIONS › Part II - Marketing › Section 18VAC48-30-80 - Offering literature

Current through Register Vol. 40, No. 24, July 15, 2024
A. Offering
				  literature mailed or delivered prior to the registration of the condominium
				  that is the subject of the offering literature shall bear a conspicuous legend
				  containing the substance of the following language:
"The condominium has not been registered by the Common
					 Interest Community Board. A condominium unit may be reserved on a nonbinding
					 reservation agreement, but no contract of sale or lease may be entered into
					 prior to registration."
B.
				  Offering literature or marketing activities violative of the Virginia Fair
				  Housing Law (§
										36-96.1 et
				  seq. of the Code of Virginia) and subsection C of §
										55.1-1914
				  of the Code of Virginia is prohibited.
C. Offering literature shall indicate that
				  the property being offered is under the condominium form of ownership. The
				  requirement of this subsection is satisfied by including the full name of the
				  condominium in all offering literature.
Statutory Authority: §
												54.1-2349
						of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 30 - CONDOMINIUM REGULATIONS › Part III - Application for Registration › Section 18VAC48-30-90 - Application procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A declarant seeking registration of a condominium pursuant
					 to Chapter 19 (§
										55.1-1900 et seq.) of
					 Title 55.1 of the Code of Virginia shall submit an application on the
					 appropriate form provided by the board, along with the appropriate fee
					 specified in 18VAC48-30-100.
By submitting the application to the board, the declarant
					 certifies that the declarant has read and understands the applicable statutes
					 and the board's regulations.
The receipt of an application and the deposit of fees by
					 the board do not indicate approval or acceptance of the application by the
					 board.
The board may make further inquiries and investigations to
					 confirm or amplify information supplied. All applications shall be completed in
					 accordance with the instructions contained in this section and on the
					 application. Applications will not be considered complete until all required
					 documents are received by the board.
Applications that are not approved within 12 months after
					 receipt of the application in the board's office will be purged and a new
					 application and fee must be submitted in order to be reconsidered for
					 registration.
Statutory Authority: §
												54.1-2349
						of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 30 - CONDOMINIUM REGULATIONS › Part III - Application for Registration › Section 18VAC48-30-100 - Fee requirements

Current through Register Vol. 40, No. 24, July 15, 2024
All fees are nonrefundable and shall not be prorated. The
					 date on which the fee is received by the board or its agent will determine
					 whether the fee is timely. Checks or money orders shall be made payable to the
					 Treasurer of Virginia.
1. Each
				  application for registration of a condominium shall be accompanied by a fee in
				  an amount equal to $35 per unit, except that the fee shall not be less than
				  $1,750 or more than $3,500.
2. Each
				  phase filing application shall be accompanied by a fee in an amount equal to
				  $35 per unit, except that the fee for each phase filing shall not be less than
				  $875 or more than $3,500.
Statutory Authority: § 54.1-2349 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 30 - CONDOMINIUM REGULATIONS › Part III - Application for Registration › Section 18VAC48-30-120 - Prerequisites for registration

Current through Register Vol. 40, No. 24, July 15, 2024
The following provisions are prerequisites for registration
					 and are supplementary to the provisions of §
										55.1-1977
					 of the Code of Virginia.
1. The
				  declarant shall own or have the right to acquire an estate in the land
				  constituting or to constitute the condominium that is of at least as great a
				  degree and duration as the estate to be conveyed in the condominium
				  units.
2. The condominium
				  instruments must be adequate to bring a condominium into existence upon
				  recordation except that the certification requirements of §
										55.1-1920
				  of the Code of Virginia need not be complied with as a prerequisite for
				  registration. This subsection does not apply to condominium instruments that
				  may be recorded after the condominium has been created.
3. The declarant shall have filed with the
				  board reasonable evidence of its financial ability to complete all proposed
				  improvements on the condominium. Such evidence may include (i) financial
				  statements and a signed affidavit attesting that the declarant has sufficient
				  funds to complete all proposed improvements on the condominium and that the
				  funds will be used for completion of the proposed improvements or (ii) proof of
				  a commitment of an institutional lender to advance construction funds to the
				  declarant and, to the extent that any such commitments will not furnish all the
				  necessary funds, other evidence, satisfactory to the board, of the availability
				  to the declarant of necessary funds. A lender's commitment may be subject to
				  such conditions, including registration of the condominium units and presale
				  requirements, as are normal for loans of the type and as to which nothing
				  appears to indicate that the conditions will not be complied with or fulfilled.
a. In the case of a condominium located in
				  Virginia, "proposed improvements" are improvements that are not yet begun or
				  not yet complete and that the declarant is affirmatively and unconditionally
				  obligated to complete under §§
											55.1-1920
				  and
				  55.1-1930B
				  of the Code of Virginia and applicable provisions of the condominium
				  instruments or that the declarant would be so obligated to complete if plats
				  and plans filed with the board in accordance with
				  18VAC48-30-140
				  A were recorded.
b. In the case of
				  a condominium located outside of Virginia, "proposed improvements" are
				  improvements that are not yet begun or not yet complete and that the declarant
				  represents, without condition or limitation, will be built or placed in the
				  condominium.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 30 - CONDOMINIUM REGULATIONS › Part III - Application for Registration › Section 18VAC48-30-140 - Requirements for plats and plans

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Except as provided in subsection C of this section, all plats and plans
				  submitted with the application for registration shall comply with §
										55.1-1920
				  of the Code of Virginia but the certification need not be signed until
				  recordation. The plats and plans filed with the application for registration
				  shall be the same as the plats and plans the declarant intends to record. A
				  material change to the plats and plans shall be submitted to the board in
				  accordance with Part VI (18VAC48-30-460
				  et seq.) of this chapter. Once recorded, copies of plats and plans as recorded
				  shall be filed with the board in accordance with Part VI of this
				  chapter.
B. In the case of units
				  that are substantially identical, the requirement to show the location and
				  dimensions (within normal construction tolerances) of the boundaries of each
				  unit pursuant to subsection B of §
										55.1-1920
				  of the Code of Virginia may be deemed satisfied by depiction of the location
				  and dimensions of the vertical boundaries and horizontal boundaries, if any, of
				  one such unit. The identifying numbers of all units represented by such
				  depiction shall be indicated. Each structure within which any such units are
				  located shall be depicted so as to indicate the exact location of each such
				  unit within the structure.
C. In
				  the case of a condominium located outside Virginia, certain materials may be
				  filed with the application for registration in lieu of plats and plans
				  complying with the provisions of §
										55.1-1920
				  of the Code of Virginia. Such materials shall contain, as a minimum, (i) a plat
				  of survey depicting all existing improvements, and all improvements that the
				  declarant represents, without condition or limitation, will be built or placed
				  in the condominium; and (ii) legally sufficient descriptions of each unit. Any
				  improvements whose completion is subject to conditions or limitations shall be
				  appropriately labeled to indicate that such improvements may not be completed.
				  Unit descriptions may be written or graphic, shall demarcate each unit
				  vertically and, if appropriate, horizontally, and shall indicate each unit's
				  location relative to established points or datum.
D. The plats and plans must bear the form of
				  the certification statement required by subsections A and B §
										55.1-1920
				  of the Code of Virginia. However, as stated in subsection A of this section,
				  the statement need not be executed prior to recordation. The certification
				  statement may appear in a separate document that is recorded, or to be
				  recorded.
Statutory Authority: §
												54.1-2349
						of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 30 - CONDOMINIUM REGULATIONS › Part III - Application for Registration › Section 18VAC48-30-150 - Application for registration of expandable condominium

Current through Register Vol. 40, No. 24, July 15, 2024
The declarant may include in the application for
					 registration all units for which development rights have been
					 reserved.
Statutory Authority: § 54.1-2349 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 30 - CONDOMINIUM REGULATIONS › Part IV - Public Offering Statement › Section 18VAC48-30-160 - Public offering statement requirements, generally

Current through Register Vol. 40, No. 24, July 15, 2024
In addition to the provisions of §
										55.1-1976
					 of the Code of Virginia, the following will be considered, as applicable,
					 during review of the public offering statement.
1. The public offering statement shall
				  provide full and fair disclosure in accordance with
				  18VAC48-30-170.
2. The public offering statement shall
				  pertain to a single offering and to the entire condominium in which the
				  condominium units being offered are located.
3. The public offering statement shall be
				  clear, organized, and legible.
4.
				  Except for brief excerpts, the public offering statement may refer to, but
				  should not incorporate verbatim, portions of the condominium instruments, the
				  Virginia Condominium Act, or this chapter. This does not preclude compliance
				  with
				  18VAC48-30-180.
Statutory Authority: §
												54.1-2349
						of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 30 - CONDOMINIUM REGULATIONS › Part IV - Public Offering Statement › Section 18VAC48-30-170 - Full and fair disclosure

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  provisions of §
										55.1-1976
				  and subsection B of §
										55.1-1982
				  of the Code of Virginia and this chapter shall be strictly construed to promote
				  full and fair disclosure in the public offering statement. In addition, the
				  following will be considered, as applicable, during review to assure full and
				  fair disclosure:
1. The information shall be
				  presented in a manner that is clear and understandable to a reasonably informed
				  consumer, while maintaining consistency with the requirements of this chapter
				  and the Virginia Condominium Act.
2. In addition to specific information
				  required by this chapter and the Virginia Condominium Act, the public offering
				  statement shall disclose any other information necessary for full and fair
				  disclosure.
3. No information shall
				  be incorporated by reference to an outside source that is not reasonably
				  available to a prospective purchaser.
4. If required information is not known or
				  not reasonably available, such fact shall be stated and explained in the public
				  offering statement.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 30 - CONDOMINIUM REGULATIONS › Part IV - Public Offering Statement › Section 18VAC48-30-190 - Narrative sections; condominium concept

Current through Register Vol. 40, No. 24, July 15, 2024
The public offering statement shall contain a section
					 captioned "The Condominium Concept." The section shall consist of a brief
					 discussion of the condominium form of ownership. The section shall discuss the
					 distinction among units, common elements and limited common elements, if any,
					 and shall explain ownership of an undivided interest in the common elements.
					 Attention shall be directed to any features of ownership of the condominium
					 units being offered that are different from typical condominium unit
					 ownership.
Statutory Authority: § 54.1-2349 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 30 - CONDOMINIUM REGULATIONS › Part IV - Public Offering Statement › Section 18VAC48-30-200 - Narrative sections; creation of condominium

Current through Register Vol. 40, No. 24, July 15, 2024
The public offering statement shall contain a section
					 captioned "Creation of the Condominium." The section shall briefly explain the
					 manner in which the condominium was or will be created, the locality wherein
					 the condominium instruments will be or have been recorded, and each of the
					 condominium instruments, their functions, and the procedure for their
					 amendment. The section shall indicate where each of the condominium instruments
					 or copies thereof may be found. In the case of a condominium located in
					 Virginia or in a jurisdiction having a law similar to §
										55.1-1984
					 of the Code of Virginia, the section shall indicate that the purchaser will
					 receive copies of the recorded declaration and bylaws, including amendments, as
					 appropriate, within the time provided in the applicable
					 statute.
Statutory Authority: §
												54.1-2349
						of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 30 - CONDOMINIUM REGULATIONS › Part IV - Public Offering Statement › Section 18VAC48-30-220 - Narrative section; individual units

Current through Register Vol. 40, No. 24, July 15, 2024
The public offering statement shall contain a section
					 captioned "Individual Units." The section shall contain a general description
					 of the various types of units being offered to include the square footage, or
					 number of bedrooms, or both, together with the dates on which substantial
					 completion of unfinished units is anticipated. The section shall state any
					 restrictions regarding changes unit owners may make to the structure or
					 exterior of the units, regardless of whether the exterior is a portion of the
					 common elements.
Statutory Authority: § 54.1-2349 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 30 - CONDOMINIUM REGULATIONS › Part IV - Public Offering Statement › Section 18VAC48-30-230 - Narrative sections; common elements

Current through Register Vol. 40, No. 24, July 15, 2024
A. The public offering statement shall
				  contain a section captioned "Common Elements." The section shall contain a
				  general description of the common elements.
B. For any common elements that are not
				  completed or not expected to be substantially complete when the units are
				  complete, a statement of the anticipated completion dates of unfinished common
				  elements shall be included.
C. In
				  the case of a condominium located in Virginia, if common elements are not
				  expected to be substantially complete when the units are completed, the section
				  shall state the nature, source, and extent of the obligation to complete such
				  common elements that the declarant has incurred or intends to incur upon
				  recordation of the condominium instruments pursuant to §§
										55.1-1920A
				  and
				  55.1-1930B
				  of the Code of Virginia and applicable provisions of the condominium
				  instruments. In addition the section shall state that pursuant to §
										55.1-1921
				  of the Code of Virginia, the declarant has filed with the board a bond to
				  insure completion of improvements to the common elements that the declarant is
				  obligated as stated in the declaration.
D. In the case of a condominium located
				  outside of Virginia, a description of the nature, source, and extent of the
				  obligation to complete such common elements that the declarant has incurred or
				  intends to incur under the law of the jurisdiction in which the condominium is
				  located shall be included.
E. The
				  section shall describe any limited common elements that are assigned or that
				  may be assigned and shall indicate the reservation of exclusive use. In the
				  case of limited common elements that may be assigned, the section shall state
				  the manner of such assignment or reassignment.
F. The section shall indicate the
				  availability of vehicular parking spaces including the number of spaces
				  available per unit and restrictions on or charges for the use of
				  spaces.
Statutory Authority: §
												54.1-2349
						of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 30 - CONDOMINIUM REGULATIONS › Part IV - Public Offering Statement › Section 18VAC48-30-240 - Narrative sections; maintenance, repair, and replacement responsibilities

Current through Register Vol. 40, No. 24, July 15, 2024
The public offering statement shall contain a section
					 captioned "Maintenance, Repair, and Replacement Responsibilities." The section
					 shall describe the basic allocation of maintenance, repair, and replacement
					 responsibilities between the unit owner and the association as well as any
					 unusual items to be maintained by the unit owner. The section shall refer to
					 the location of the maintenance, repair, and replacement responsibility
					 requirements in the condominium instruments.
Statutory Authority: § 54.1-2349 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 30 - CONDOMINIUM REGULATIONS › Part IV - Public Offering Statement › Section 18VAC48-30-250 - Narrative sections; declarant

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  The public offering statement shall contain a section captioned "The
				  Declarant." The section shall contain a brief history of the declarant with
				  emphasis on its experience in condominium development.
B. The following information shall be stated
				  with regard to persons immediately responsible for the development of the
				  condominium:
(i) name,
(ii) length of time associated with the
				  declarant,
(iii) role in the
				  development of the condominium, and
(iv) experience in real estate development.
				  If different from the persons immediately responsible for the development of
				  the condominium, the principal officers of the declarant shall also be
				  identified.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 30 - CONDOMINIUM REGULATIONS › Part IV - Public Offering Statement › Section 18VAC48-30-280 - Narrative sections; restrictions on transfer

Current through Register Vol. 40, No. 24, July 15, 2024
The public offering statement shall include a section
					 captioned "Restrictions on Transfer." The section shall describe and explain
					 any rights of first refusal, preemptive rights, limitations on leasing, or
					 other restraints on free alienability created by the condominium instruments or
					 the rules and regulations of the unit owners' association that affect the unit
					 owners' right to resell, lease, or otherwise transfer an interest in the
					 condominium unit.
Statutory Authority: § 54.1-2349 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 30 - CONDOMINIUM REGULATIONS › Part IV - Public Offering Statement › Section 18VAC48-30-300 - Narrative sections; display of flag

Current through Register Vol. 40, No. 24, July 15, 2024
The public offering statement shall include a section
					 captioned "Display of Flag." This section shall describe any restrictions,
					 limitations, or prohibitions on the right of a unit owner to display the flag
					 of the United States in accordance with §
										55.1-1951
					 of the Code of Virginia.
Statutory Authority: §
												54.1-2349
						of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 30 - CONDOMINIUM REGULATIONS › Part IV - Public Offering Statement › Section 18VAC48-30-310 - Narrative sections; surrounding area

Current through Register Vol. 40, No. 24, July 15, 2024
The public offering statement shall contain a section
					 captioned "Surrounding Area." The section shall briefly describe the zoning of
					 the immediate neighborhood of the condominium and the current
					 uses.
Statutory Authority: § 54.1-2349 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 30 - CONDOMINIUM REGULATIONS › Part IV - Public Offering Statement › Section 18VAC48-30-320 - Narrative sections; financial matters

Current through Register Vol. 40, No. 24, July 15, 2024
A. The public offering statement shall
				  contain a section captioned "Financial Matters." The section shall discuss the
				  expenses incident to the ownership of a condominium unit, excluding certain
				  taxes, in the manner provided in subsections B through I of this
				  section.
B. The section shall
				  distinguish, in general terms, the following categories of costs of operation,
				  maintenance, repair, and replacement of various portions of the condominium:
(i) common expenses apportioned among and
				  assessed to all of the condominium units pursuant to subsection D of §
											55.1-1964
				  of the Code of Virginia or similar law or condominium instrument
				  provision;
(ii) common expenses, if
				  any, apportioned among and assessed to less than all of the condominium units
				  pursuant to subsections A and B of §
											55.1-1964
				  of the Code of Virginia or similar law or condominium instrument provisions;
				  and
(iii) costs borne directly by
				  individual unit owners. The section need not discuss taxes assessed against
				  individual condominium units and payable directly by the unit
				  owners.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 30 - CONDOMINIUM REGULATIONS › Part IV - Public Offering Statement › Section 18VAC48-30-330 - Narrative sections; insurance

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  The public offering statement shall contain a section captioned "Insurance."
				  The section shall describe generally the insurance on the condominium to be
				  maintained by the unit owners' association. The section shall state, with
				  respect to such insurance, each of the following circumstances, to the extent
				  applicable:
(i) property damage coverage will
				  not insure personal property belonging to unit owners;
(ii) property damage coverage will not insure
				  improvements to a unit that increase its value beyond the limits of coverage
				  provided in the unit owners' association's policy; and
(iii) liability coverage will not insure
				  against liability arising from an accident or injury occurring within a unit or
				  as a result of the act or negligence of a unit owner. The section shall include
				  a statement whether the unit owner is obligated to obtain coverage for any or
				  all of the coverages described. The section shall also include a statement that
				  the unit owner should consult with an insurance professional to determine the
				  appropriate coverage.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 30 - CONDOMINIUM REGULATIONS › Part IV - Public Offering Statement › Section 18VAC48-30-340 - Narrative sections; taxes

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  public offering statement shall contain a section captioned "Taxes." The
				  section shall describe all existing or pending taxes to be levied against
				  condominium units individually including, without limitation, real property
				  taxes, sewer connection charges, and other special assessments.
B. With respect to real property taxes, the
				  section shall state the current tax rate or provide information for obtaining
				  the current tax rate. The section shall also state a procedure or formula by
				  means of which the taxes may be estimated.
C. With respect to other taxes, the section
				  shall describe each tax in sufficient detail as to indicate the time at which
				  the tax will be levied and the actual or estimated amount to be levied, or a
				  procedure or formula by means of which the taxes may be estimated.
Statutory Authority: § 54.1-2349 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 30 - CONDOMINIUM REGULATIONS › Part IV - Public Offering Statement › Section 18VAC48-30-350 - Narrative sections; governmental reviews

Current through Register Vol. 40, No. 24, July 15, 2024
The public offering statement shall contain a section
					 captioned "Governmental Reviews." The section shall discuss governmental
					 reviews applicable to the condominium property and the status of any
					 governmental approvals required for the development of the condominium. In
					 addition, the section shall discuss approval of the zoning application and site
					 plan and issuance of building permits by appropriate governmental authorities.
					 The section shall state the current zoning classification for the condominium
					 property. The section shall also include a statement regarding any zoning,
					 subdivision, or land use obligations or proffers that would be imposed on the
					 unit owner or the association, but need not disclose any zoning, subdivision,
					 or land use obligations or proffers that do not impose any obligation on the
					 association.
Statutory Authority: § 54.1-2349 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 30 - CONDOMINIUM REGULATIONS › Part IV - Public Offering Statement › Section 18VAC48-30-360 - Narrative sections; warranties

Current through Register Vol. 40, No. 24, July 15, 2024
The public offering statement shall contain a section
					 captioned "Warranties." The section shall describe any warranties provided by
					 or through the declarant on the units or the common elements and a summary of
					 the process for commencement of an action for breach of warranty in accordance
					 with subsection C of §
										55.1-1955
					 of the Code of Virginia. The section shall describe the structural defect
					 warranty required by and described in subsection B of §
										55.1-1955
					 of the Code of Virginia. The section shall also include the substance of the
					 following statement:
"Nothing contained in the warranty provided by the
					 declarant shall limit the protection afforded by the statutory
					 warranty."
Statutory Authority: §
												54.1-2349
						of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 30 - CONDOMINIUM REGULATIONS › Part IV - Public Offering Statement › Section 18VAC48-30-370 - Documents from other jurisdictions

Current through Register Vol. 40, No. 24, July 15, 2024
A. A substituted public offering statement
				  shall only be permitted for a condominium located outside of
				  Virginia.
B. The substituted public
				  offering statement shall be prepared by deleting from the original disclosure
				  document (i) references to any governmental agency of another jurisdiction to
				  which application has been made or will be made for registration or related
				  action; (ii) references to the action of such governmental agency relative to
				  the condominium; (iii) statements of the legal effect in another jurisdiction
				  of delivery, failure to deliver, acknowledgment of receipt, or related events
				  involving the disclosure document; (iv) the effective dates in another
				  jurisdiction of the disclosure document; and (v) all other information that is
				  untrue, inaccurate, or misleading with respect to marketing, offers, or
				  disposition of condominium units in Virginia.
C. The substituted public offering statement
				  shall incorporate all information not otherwise included that is necessary to
				  effect fully and accurately the disclosures required by subsection A of §
										55.1-1976
				  of the Code of Virginia and, if applicable, subsection B of §
										55.1-1982
				  of the Code of Virginia. The substituted disclosure document shall clearly
				  explain any nomenclature that is different from the definitions provided in
				  §
										55.1-1900 of the Code
				  of Virginia.
D. The substituted
				  public offering statement shall include as the first item of the summary of
				  important considerations a statement that includes the following information:
(i) the designation by which the original
				  disclosure document is identified in the original jurisdiction,
(ii) the governmental agency of such other
				  jurisdiction where the original disclosure document is or will be filed,
				  and
(iii) the jurisdiction of such
				  filing.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 30 - CONDOMINIUM REGULATIONS › Part IV - Public Offering Statement › Section 18VAC48-30-380 - Condominium securities

Current through Register Vol. 40, No. 24, July 15, 2024
A prospectus filed in compliance with the securities laws
					 of a state or federal agency used in lieu of a public offering statement shall
					 contain or have attached thereto copies of documents, other than the projected
					 budget required to be attached to a public offering statement by subsection E
					 of
					 18VAC48-30-180.
					 Such prospectus shall be deemed to satisfy all of the disclosure requirements
					 of subsections C and D of
					 18VAC48-30-180
					 and 18VAC48-30-190 through
					 18VAC48-30-360.
					 In the case of a conversion condominium, the prospectus shall have attached
					 thereto, in suitable form, the information required by 18VAC48-30-420,
					 subsections C and D of
					 18VAC48-30-430,
					 and 18VAC48-30-440 to be disclosed in public offering statements for conversion
					 condominiums. The provisions of subdivision 2 of §
										55.1-1974
					 of the Code of Virginia shall apply to the delivery of the prospectus in the
					 same manner and to the same extent that they apply to the delivery of a public
					 offering statement.
Statutory Authority: §
												54.1-2349
						of the Code of Virginia.