reglab/statecodes huggingface dataset:
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 18VAC48-30-390 - Board oversight of public offering statement

Current through Register Vol. 40, No. 24, July 15, 2024
The board at any time may require a declarant to alter or
					 amend the public offering statement to assure full and fair disclosure to
					 prospective purchasers and to ensure compliance with the Virginia Condominium
					 Act and this chapter.
In accordance with subsection B of §
										55.1-1976
					 of the Code of Virginia, the board does not approve or recommend the
					 condominium or disposition thereof. The board's issuance of an effective date
					 for a public offering statement shall not be construed to (i) constitute
					 approval of the condominium, (ii) represent that the board asserts that either
					 all facts or material changes or both concerning the condominium have been
					 fully or adequately disclosed, or (iii) indicate that the board has made
					 judgment on the value or merits 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 V - Conversion Condominiums › Section 18VAC48-30-400 - Public offering statement for conversion condominium; general instructions

Current through Register Vol. 40, No. 24, July 15, 2024
The public offering statement for a conversion condominium
					 shall conform in all respects to the requirements of
					 18VAC48-30-160 through
					 18VAC48-30-380. In addition, the
					 public offering statement for a conversion condominium shall (i) contain
					 special disclosures in the narrative sections captioned "Description of the
					 Condominium," "Terms of the Offering," and "Financial Matters"; and (ii)
					 incorporate narrative sections captioned "Present Condition of the Condominium"
					 and "Replacement Requirements." Provisions for such additional disclosure are
					 set forth in
					 18VAC48-30-410 through
					 18VAC48-30-440.
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 V - Conversion Condominiums › Section 18VAC48-30-410 - Description of conversion condominium

Current through Register Vol. 40, No. 24, July 15, 2024
In addition to the information required by
					 18VAC48-30-210, the section
					 captioned "Description of the Condominium" shall indicate that the condominium
					 is a conversion condominium. The term conversion condominium shall be defined
					 and the particular circumstances that bring the condominium within the
					 definition shall be stated. The nature and inception date of prior occupancy of
					 the property being converted shall be stated.
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 V - Conversion Condominiums › Section 18VAC48-30-450 - Notice to tenants

Current through Register Vol. 40, No. 24, July 15, 2024
No notice to terminate tenancy of a unit provided for by
					 subsection C of §
										55.1-1982
					 of the Code of Virginia shall be given prior to the registration of the
					 condominium including such unit as to which the tenancy is to be
					 terminated.
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 VI - Post-Registration Provisions › Section 18VAC48-30-460 - Minimum post-registration reporting requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. Subsequent to the issuance of a
				  registration for a condominium by the board, the declarant of a condominium
				  shall:
1. File an annual report in accordance
				  with §
											55.1-1979
				  of the Code of Virginia and this chapter.
2. File a copy of the formal notice to the
				  tenants of a conversion condominium upon delivery or no later than 15 days
				  after delivery to such tenants in accordance with subsection C of §
											55.1-1982.
3. Upon the occurrence of a
				  material or nonmaterial change, file an amended public offering statement or
				  substituted public offering statement in accordance with the provisions of
				  18VAC48-30-480
				  or
				  18VAC48-30-490,
				  as applicable.
4. Notify the board
				  of a change in the bond or letter of credit, as applicable, required by
				  §§
											55.1-1921,
				  55.1-1968,
				  and
				  55.1-1983 of
				  the Code of Virginia.
5. File a
				  complete application for registration of unregistered additional units upon the
				  expansion of the condominium or the formation of units out of additional land.
				  Notwithstanding the preceding, nonresidential units created out of convertible
				  space need not be registered. Documents on file with the board and not changed
				  with the creation of additional units need not be refiled provided that the
				  application indicates that such documents are unchanged.
6. Notify the board of transition of control
				  of the unit owners' association.
7.
				  Notify the board upon the transfer of special declarant rights to a successor
				  declarant.
8. Submit appropriate
				  documentation to the board once the registration is eligible for
				  termination.
9. Submit to the board
				  any other document or information that may include information or documents
				  that have been amended or may not have existed previously that affects the
				  accuracy, completeness, or representation of any information or document filed
				  with the application for registration.
10. Submit to the board any document or
				  information to make the registration file accurate and complete.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 30 - CONDOMINIUM REGULATIONS › Part VI - Post-Registration Provisions › Section 18VAC48-30-470 - Amendment of public offering statement

Current through Register Vol. 40, No. 24, July 15, 2024
Any amendment of the public offering statement or
					 substituted public offering statement shall comply with this
					 chapter.
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 VI - Post-Registration Provisions › Section 18VAC48-30-480 - Nonmaterial changes to the public offering statement

Current through Register Vol. 40, No. 24, July 15, 2024
A. Changes to the public offering statement
				  that are not material shall be filed with the board but shall not be deemed an
				  amendment of the public offering statement for the purposes of this chapter and
				  shall not give rise to a renewed right of rescission in any purchase.
				  Nonmaterial changes to the public offering statement include the following:
1. Correction of spelling, grammar, omission,
				  or other similar errors not affecting the substance of the public offering
				  statement;
2. Changes in
				  presentation or format;
3.
				  Substitution of an executed, filed, or recorded copy of a document for the
				  otherwise substantially identical unexecuted, unfiled, or unrecorded copy of
				  the document that was previously submitted;
4. Inclusion of updated information such as
				  identification or description of the current officers and directors of the
				  declarant;
5. Disclosure of
				  completion of improvements for improvements that were previously proposed or
				  not complete;
6. Changes in real
				  estate tax assessment or rate or modifications related to those
				  changes;
7. Changes in utility
				  charges or rates or modifications related to those changes;
8. Adoption of a new budget that does not
				  result in a significant change in the common expense assessment or
				  significantly impact the rights or obligations of the prospective
				  purchasers;
9. Modifications
				  related to changes in insurance company or financial institution, policy, or
				  amount for bonds or letters of credit required pursuant to §§
											55.1-1921,
				  55.1-1968,
				  and
				  55.1-1983 of
				  the Code of Virginia;
10. Changes
				  in management agent or common interest community manager; and
11. Any change that is the result of orderly
				  development of the condominium in accordance with the condominium instruments
				  as described 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 VI - Post-Registration Provisions › Section 18VAC48-30-500 - Current public offering statement

Current through Register Vol. 40, No. 24, July 15, 2024
A. Upon issuance of an effective date by the
				  board, any purchasers who received a public offering statement and summary of
				  proposed amendments during the board review period pursuant to subsection A of
				  18VAC48-30-490
				  shall be provided with the public offering statement as accepted by the board.
				  A public offering statement remains current until such time as the occurrence
				  of a material change requires amendment of the public offering statement
				  pursuant to this chapter and a new effective date is issued by the
				  board.
B. Upon issuance of an
				  effective date by the board, a public offering statement remains current until
				  such time as a new effective date is established pursuant to this
				  chapter.
C. Notwithstanding the
				  board's authority to issue a cease and desist order pursuant to §
										55.1-1986
				  of the Code of Virginia, the filing of an amended public offering statement
				  shall not require the declarant to cease sales provided that the declarant
				  provides to purchasers the summary of proposed amendments pursuant to
				  subsection A of
				  18VAC48-30-490
				  pending the issuance of a new effective date by the board.
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 VI - Post-Registration Provisions › Section 18VAC48-30-510 - Public offering statement not current; notification of purchasers

Current through Register Vol. 40, No. 24, July 15, 2024
A. A purchaser who
				  has been delivered a public offering statement that is not current due to a
				  material change and was not provided with the summary of proposed amendments
				  containing the proposed changes to the amended public offering statement
				  pursuant to subsection A of
				  18VAC48-30-490
				  pending the issuance of a new effective date by the board shall be notified of
				  such fact by the declarant.
B. A
				  purchaser who has been delivered a public offering statement and summary of
				  proposed amendments pursuant to subsection A of
				  18VAC48-30-490,
				  but the amended public offering statement is determined to be noncompliant in
				  accordance with subsection E of
				  18VAC48-30-490
				  shall be notified of such fact by the declarant.
1. The notification shall indicate that any
				  contract for disposition of a condominium unit may be canceled by the purchaser
				  pursuant to subdivision 2 of §
											55.1-1974
				  of the Code of Virginia.
2. The
				  declarant shall file a copy of the notification with the board and provide
				  proof that such notification has been delivered to all purchasers under
				  contract.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 30 - CONDOMINIUM REGULATIONS › Part VI - Post-Registration Provisions › Section 18VAC48-30-520 - Provisions applicable to substituted public offering statement and prospectus

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  provisions of
				  18VAC48-30-470 through
				  18VAC48-30-510 shall apply to a
				  substituted public offering statement in the same manner and to the same extent
				  that they apply to public offering statements.
B. The provisions of
				  18VAC48-30-470 through
				  18VAC48-30-510 shall apply to a
				  prospectus only to the extent that amendment of the information or documents
				  attached to the prospectus pursuant to
				  18VAC48-30-380 is required or
				  permitted. The body of the prospectus shall be amended only as provided in
				  applicable securities law. The declarant shall immediately file with the board
				  any amendments to the body of the prospectus and, upon receipt thereof, the
				  board shall notify the declarant in writing and confirm the new effective date
				  for use of the prospectus. A prospectus is current so long as it is effective
				  under applicable securities law and the information and attached documents are
				  current under the provisions of
				  18VAC48-30-490. The declarant
				  shall immediately notify the board if the prospectus ceases being effective. If
				  no prospectus is effective and the declarant proposes to continue offering
				  condominium units, the declarant shall file a public offering statement with
				  the board pursuant to
				  18VAC48-30-490.
C. The provisions of
				  18VAC48-30-510 shall apply to a
				  prospectus in the same manner and to the same extent that they apply to a
				  public offering statement.
D. In an
				  annual report involving a prospectus, the declarant shall comply with all of
				  the provisions of
				  18VAC48-30-540 applicable to
				  public offering statements and, in addition, shall certify that an effective
				  prospectus is available for delivery to purchasers and shall indicate the
				  declarant's plans or expectations regarding the continuing effectiveness of the
				  prospectus.
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 VI - Post-Registration Provisions › Section 18VAC48-30-530 - Filing of phase amendment application

Current through Register Vol. 40, No. 24, July 15, 2024
A. A phase amendment application shall be
				  filed when adding land to or converting land in the condominium, provided that
				  no such application need be filed for units previously registered. Such phase
				  amendment application shall be accompanied by the fee provided for in
				  18VAC48-30-100 and shall be subject to all of the provisions of
				  18VAC48-30-90
				  through 18VAC48-30-150. Documents on file with the board that have not changed
				  in connection with the additional units need not be refiled, provided that the
				  phase amendment application indicates that such documents are
				  unchanged.
B. The application shall
				  include a new or amended bond or letter of credit required pursuant to §
										55.1-1968
				  of the Code of Virginia for the additional units.
C. The board shall review the phase amendment
				  application and supporting materials to determine whether the amendment
				  complies with this chapter. If the board's review determines the phase
				  amendment application complies with this chapter, it shall issue an amended
				  order of registration for the condominium and shall provide that any previous
				  orders and designations of the form, content, and effective date of the public
				  offering statement, substituted public offering statement, or prospectus to be
				  used are superseded. If the board's review determines that the phase amendment
				  application is not complete, the board shall correspond with the declarant to
				  specify the particulars that must be completed to obtain compliance with this
				  chapter.
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 VI - Post-Registration Provisions › Section 18VAC48-30-540 - Annual report by declarant

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  A declarant shall file an annual report on a form provided by the board to
				  update the material contained in the registration file at least 30 days prior
				  to the anniversary date of the order registering the condominium. Prior to
				  filing the annual report required by §
										55.1-1979
				  of the Code of Virginia, the declarant shall review the public offering
				  statement then being delivered to purchasers. If such public offering statement
				  is current, the declarant shall so certify in the annual report. If such public
				  offering statement is not current, the declarant shall amend the public
				  offering statement, and the annual report shall, in that event, include a
				  filing in accordance with
				  18VAC48-30-490.
B. The annual report shall contain, but may
				  not be limited to, the following:
1. Current
				  contact information for the declarant;
2. Current contact information for the
				  declarant's attorney, if applicable;
3. Date of the public offering statement
				  currently being delivered to purchasers;
4. Date the condominium instruments were
				  recorded and locality wherein recorded;
5. Number of phases registered with the
				  board, if applicable;
6. Number of
				  phases recorded, if applicable;
7.
				  Number of units recorded;
8. Number
				  of units conveyed;
9. Status of
				  completion of all common elements within the condominium;
10. Status of declarant control;
11. Whether the declarant is current in the
				  payment of assessments; and
12.
				  Current evidence from the surety or financial institution of any bond or
				  letters of credit, or submittal of replacement bonds or letters of credit,
				  required pursuant to §§
											55.1-1921,
				  55.1-1968,
				  and
				  55.1-1983 of
				  the Code of Virginia. Such verification shall provide the following:
a. Principal of bond or letter of
				  credit;
b. Beneficiary of bond or
				  letter of credit;
c. Name of the
				  surety or financial institution that issued the bond or letter of
				  credit;
d. Bond or letter of credit
				  number as assigned by the issuer;
e. The dollar amount; and
f. The expiration date or, if self-renewing,
				  the date by which the bond or letter of credit shall be renewed.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 30 - CONDOMINIUM REGULATIONS › Part VI - Post-Registration Provisions › Section 18VAC48-30-550 - Board review of annual report

Current through Register Vol. 40, No. 24, July 15, 2024
A. During review of the annual report, the
				  board may make inquiries or request additional documentation to amplify or
				  clarify the information provided.
B. If the board does not accept the annual
				  report and the annual report filing is not completed within 60 days of a
				  request by the board for additional information, the board may take further
				  action pursuant to §§
										55.1-1986,
				  55.1-1987,
				  and
				  55.1-1989 of the Code
				  of Virginia for failing to file an annual report as required by §
										55.1-1979
				  of the Code of Virginia.
C. If the
				  board does not perform the required review of the annual report within 30 days
				  of receipt by the board, the annual report shall be deemed to comply with
				  §
										55.1-1979
				  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 VI - Post-Registration Provisions › Section 18VAC48-30-560 - Transition of control of unit owners' association

Current through Register Vol. 40, No. 24, July 15, 2024
Upon transition of control of the association to the unit
					 owners following the period of declarant control, the declarant shall, in
					 addition to the requirements contained in subsection H of §
										55.1-1943
					 of the Code of Virginia, notify the board in writing of the date of such
					 transition and provide the name and contact information for members of the
					 board of directors of the unit owners' association or the association's common
					 interest community manager.
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 VI - Post-Registration Provisions › Section 18VAC48-30-570 - Return of assessment bond or letter of credit to declarant

Current through Register Vol. 40, No. 24, July 15, 2024
A. The declarant of
				  a condominium required to post a bond or letter of credit pursuant to §
										55.1-1968
				  of the Code of Virginia shall maintain such bond or letter of credit for all
				  units registered with the board until the declarant owns less than 10% of the
				  units in the condominium and is current in the payment of assessments. For
				  condominiums containing less than 10 units, the bond or letter of credit shall
				  be maintained until the declarant owns only one unit.
B. The declarant shall submit a written
				  request to the board for the return of the bond or letter of credit. The
				  written request shall attest that the declarant (i) owns less than 10% of the
				  units or for condominiums containing less than 10 units, that the declarant
				  owns only one unit and (ii) is current in the payment of assessments. The
				  written request shall provide contact information for the unit owners'
				  association.
C. Upon receipt of the
				  written request from the declarant, the board shall send a request to the unit
				  owners' association to confirm the information supplied by the declarant. The
				  person certifying the information on behalf of the unit owners' association
				  must not be affiliated with the declarant. The managing agent may confirm the
				  information supplied by the declarant.
D. The board shall return the bond or letter
				  of credit to the declarant if (i) the unit owners' association confirms that
				  the declarant is current in the payment of assessments and owns less than 10%
				  of the units in the condominium or (ii) no response is received from the unit
				  owners' association within 90 days. The 90-day time frame in clause (ii) of
				  this subsection may be extended at the discretion of the board.
E. If the unit owners' association attests
				  the declarant is not current in the payment of assessments, the board shall
				  retain the bond or letter of credit until evidence is received satisfactory to
				  the board that the declarant is current in the payment of
				  assessments.
F. The board may ask
				  for additional information from the unit owners' association or the declarant
				  as needed to confirm compliance with §
										55.1-1968
				  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 VI - Post-Registration Provisions › Section 18VAC48-30-580 - Return of completion bond or letter of credit to declarant

Current through Register Vol. 40, No. 24, July 15, 2024
A bond on file with the board pursuant to §
										55.1-1921
					 of the Code of Virginia may be returned to the declarant upon written request.
					 Such request shall include a copy of the recorded plat or plan showing
					 completion or documentation acceptable to the board that the improvements to
					 the common elements for which the bond was submitted is completed to the extent
					 of the declarant's obligation.
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 VI - Post-Registration Provisions › Section 18VAC48-30-590 - Return of bond or letter of credit upon termination of registration

Current through Register Vol. 40, No. 24, July 15, 2024
Upon issuance of an order of termination of the condominium
					 registration pursuant to
					 18VAC48-30-610 and if the bond or
					 letter of credit on file with the board has not been returned to the declarant
					 or the declarant's agent previously, it will be considered for return in
					 accordance with
					 18VAC48-30-570 or
					 18VAC48-30-580.
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 VI - Post-Registration Provisions › Section 18VAC48-30-600 - Maintenance of bond or letter of credit

Current through Register Vol. 40, No. 24, July 15, 2024
A. The declarant shall report the extension,
				  cancellation, amendment, expiration, termination, or any other change of any
				  bond or letter of credit submitted in accordance with §§
										55.1-1921,
				  55.1-1968,
				  and
				  55.1-1983 of
				  the Code of Virginia within five days of the change.
B. The board at any time may request
				  verification from the declarant of the status of a bond or letter of credit on
				  file with the board. Such verification shall comply with the provisions of
				  subdivision B 12 of
				  18VAC48-30-540.
C. Failure to report a change in the bond or
				  letter of credit in accordance with this section shall result in further action
				  by the board pursuant to Chapter 19 (§
										55.1-1900 et seq.) of
				  Title 55.1 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 VI - Post-Registration Provisions › Section 18VAC48-30-610 - Termination of condominium registration

Current through Register Vol. 40, No. 24, July 15, 2024
A. The condominium registration shall be
				  terminated upon receipt of documentation of one of the following:
1. In accordance with §
											55.1-1979
				  of the Code of Virginia, an annual report filed pursuant to
				  18VAC48-30-540
				  indicates that all units in the condominium have been disposed of and all
				  periods for conversion or expansion have expired.
2. Written notification is received from the
				  declarant attesting that all units have been disposed of and that all periods
				  for conversion or expansion have expired and all common elements have been
				  completed.
3. Written notification
				  is received from the declarant requesting termination pursuant to §
											55.1-1937
				  of the Code of Virginia. Should the declarant later choose to offer condominium
				  units in a condominium for which the registration has been terminated in
				  accordance with this subsection, prior to offering a condominium unit, the
				  declarant must submit a new application for registration of the condominium,
				  meet all requirements in effect at the time of application, and be issued an
				  order of registration for the condominium by the board.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 30 - CONDOMINIUM REGULATIONS › Part VI - Post-Registration Provisions › Section 18VAC48-30-620 - Administrative termination of condominium registration

Current through Register Vol. 40, No. 24, July 15, 2024
In accordance with subsection B of §
										55.1-1981
					 of the Code of Virginia, the board may administratively terminate the
					 registration of a condominium. Prior to the administrative termination of the
					 registration, the board shall send written notice of its intent to terminate
					 the registration to all known parties associated with the condominium,
					 including the registered agent, officer of the unit owners' association,
					 declarant's and association's attorneys, and principal of the declarant. Such
					 written notice shall be given to the parties by mail or otherwise if
					 acknowledged by them in writing.
The board shall issue an order of termination for the
					 condominium registration if (i) a response is not received within 30 days after
					 sending the written notice or (ii) the response received does not indicate
					 termination of the registration is inappropriate in accordance with Chapter 19
					 (§
										55.1-1900 et seq.) of
					 Title 55.1 of the Code of Virginia and this chapter.
Nothing contained in this section shall prevent the board
					 from taking further action as allowed by law including issuance of a temporary
					 cease and desist order, issuance of a cease and desist order, revocation of
					 registration, and bringing action in the appropriate circuit court to enjoin
					 the acts or practices and to enforce compliance.
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 VI - Post-Registration Provisions › Section 18VAC48-30-630 - Notification of successor declarant and transfer of special declarant rights

Current through Register Vol. 40, No. 24, July 15, 2024
A. In the event the
				  special declarant rights of a condominium are transferred to a successor in
				  accordance with §
										55.1-1947
				  of the Code of Virginia, the successor declarant shall notify the board within
				  30 days. Before units may be offered for sale, the successor declarant shall
				  submit the following to the board:
1.
				  Completed application for the successor declarant;
2. Copy of the recorded document evidencing
				  the transfer;
3. Copies of all
				  condominium instruments that were amended to reflect the successor or transfer
				  of special declarant rights;
4. A
				  public offering statement amended in accordance with this chapter;
5. All bonds or letters of credit required
				  pursuant to §§
											55.1-1921,
				  55.1-1968,
				  and
				  55.1-1983 of
				  the Code of Virginia; and
6. Other
				  documents that may be required to ensure compliance with Chapter 19 (§
											55.1-1900 et seq.) of
				  Title 55.1 of the Code of Virginia and this chapter.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 30 - CONDOMINIUM REGULATIONS › Part VI - Post-Registration Provisions › Section 18VAC48-30-640 - Reporting of other changes to the condominium project

Current through Register Vol. 40, No. 24, July 15, 2024
Any other change made or known by the declarant that may
					 affect the accuracy or completeness of the condominium registration file shall
					 be promptly reported to the board. Such change may include the name of the
					 declarant, name of the condominium project, or any other changes in information
					 submitted in accordance with §
										55.1-1975
					 of the Code of Virginia. The board may request additional information as
					 necessary to ensure compliance with Chapter 19 (§
										55.1-1900 et seq.) of
					 Title 55.1 of the Code of Virginia and this chapter.
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 VII - Board Authority and Standards of Conduct › Section 18VAC48-30-650 - Grounds for disciplinary action

Current through Register Vol. 40, No. 24, July 15, 2024
The board may revoke a registration upon a finding that the
					 registration is not in compliance with, or the declarant has violated, any
					 provision of the regulations of the board or Chapter 19 (§
										55.1-1900 et seq.) of
					 Title 55.1 of the Code of Virginia. Additional action may include issuance of a
					 temporary cease and desist order, issuance of a cease and desist order,
					 revocation of registration, and bringing action in the appropriate circuit
					 court to enjoin the acts or practices and to enforce
					 compliance.
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 VII - Board Authority and Standards of Conduct › Section 18VAC48-30-660 - Registration of condominium required

Current through Register Vol. 40, No. 24, July 15, 2024
No declarant or individual or entity acting on behalf of
					 the declarant shall offer a condominium unit prior to the registration of the
					 condominium including such 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 VII - Board Authority and Standards of Conduct › Section 18VAC48-30-670 - Condominium advertising standards

Current through Register Vol. 40, No. 24, July 15, 2024
A. No promise, assertion, representation, or
				  statement of fact or opinion in connection with a condominium marketing
				  activity shall be made that is false, inaccurate, or misleading by reason of
				  inclusion of an untrue statement of a material fact or omission of a statement
				  of a material fact relative to the actual or intended characteristics,
				  circumstances, or features of the condominium or a condominium unit.
B. No promise, assertion, representation, or
				  statement of fact or opinion made in connection with a condominium marketing
				  activity shall indicate that an improvement will be built or placed on the
				  condominium unless the improvement is a proposed improvement within the meaning
				  of subdivision 3 of
				  18VAC48-30-120.
C. No promise, assertion, representation, or
				  statement of fact or opinion made in connection with a condominium marketing
				  activity and relating to a condominium unit not registered shall, by its
				  express terms, induce, solicit, or encourage a prospective purchaser to leave
				  Virginia for the purpose of executing a contract for sale or lease of the
				  condominium unit or performing 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.
NOTICE: Forms used in administering the regulation have
					 been filed by the agency. The forms are not being published; however, online
					 users of this issue of the Virginia Register of Regulations may click on the
					 name of a form with a hyperlink to access it. The forms are also available from
					 the agency contact or may be viewed at the Office of the Registrar of
					 Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia
					 23219.
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 VII - Board Authority and Standards of Conduct › Section 18VAC48-30-680 - Response to inquiry and provision of records

Current through Register Vol. 40, No. 24, July 15, 2024
A. The declarant must respond within 15 days
				  to a request by the board or any of its agents regarding any complaint filed
				  with the department. The board may extend such time frame upon a showing of
				  extenuating circumstances prohibiting delivery within such 15-day
				  period.
B. Unless otherwise
				  specified by the board, the declarant shall produce to the board or any of its
				  agents within 15 days of the request any document, book, or record concerning
				  any transaction in which the declarant was involved, or for which the declarant
				  is required to maintain records for inspection and copying by the board or its
				  agents. The board may extend such time frame upon a showing of extenuating
				  circumstances prohibiting delivery within such 15-day period.
C. A declarant shall not provide a false,
				  misleading, or incomplete response to the board or any of its agents seeking
				  information in the investigation of a complaint filed with the board.
D. With the exception of the requirements of
				  subsections A and B of this section, a declarant must respond to an inquiry by
				  the board or its agent within 21 days.
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 VII - Board Authority and Standards of Conduct › Section 18VAC48-30-690 - Prohibited acts

Current through Register Vol. 40, No. 24, July 15, 2024
The following acts are prohibited and any violation may
					 result in action by the board, including issuance of a temporary cease and
					 desist order in accordance with §
										55.1-1986B
					 of the Code of Virginia:
1. Violating,
				  inducing another to violate, or cooperating with others in violating any of the
				  provisions of any of the regulations of the board, Chapter 23.3 (§
										54.1-2345 et seq.) of
				  Title 54.1 of the Code of Virginia, or Chapter 19 (§
										55.1-1900 et seq.) or
				  Chapter 20 (§
										55.1-2000 et seq.) of
				  Title 55.1 of the Code of Virginia.
2. Obtaining or attempting to obtain a
				  registration by false or fraudulent representation, or maintaining a
				  registration by false or fraudulent representation.
3. Failing to comply with
				  18VAC48-30-80
				  in offering literature.
4. Failing
				  to alter or amend the public offering statement as directed in accordance with
				  18VAC48-30-390
				  or
				  18VAC48-30-490.
5. Providing information to purchasers in a
				  manner that willfully and intentionally fails to promote full and fair
				  disclosure.
6. Failing to provide
				  information or documents, or amendments thereof, in accordance with subsection
				  B of
				  18VAC48-30-460.
7. Failing to comply with the
				  post-registration requirements of
				  18VAC48-30-460,
				  18VAC48-30-470,
				  18VAC48-30-480,
				  18VAC48-30-490,
				  18VAC48-30-500,
				  18VAC48-30-510,
				  18VAC48-30-520,
				  18VAC48-30-530,
				  and
				  18VAC48-30-540.
8. Failing to give notice to a purchaser in
				  accordance with
				  18VAC48-30-510.
9. Failing to give notice to the board of
				  transition of control of unit owners' association in accordance with
				  18VAC48-30-560.
10. Failing to transition control of the unit
				  owners' association in accordance with §
										55.1-1943
				  of the Code of Virginia.
11.
				  Failing to turn over books and records in accordance with subsection H of
				  §
										55.1-1943
				  of the Code of Virginia.
12.
				  Providing false information or misrepresenting an affiliation with an
				  association in seeking return of a bond or letter of credit in accordance with
				  18VAC48-30-570
				  or
				  18VAC48-30-580.
13. Filing false or misleading information in
				  the course of terminating a registration in accordance with
				  18VAC48-30-610
				  or
				  18VAC48-30-620.
14. Failing to comply with
				  18VAC48-30-630
				  and
				  18VAC48-30-640.
15. Failing to comply with the advertising
				  standards contained in 18VAC48-30-670.
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 › Form - FORMS (18VAC48-30)

Current through Register Vol. 40, No. 24, July 15, 2024
Condominium
				  Registration Application, A492-0517REG-v5 (rev. 4/2020)
Condominium
				  Registration Application - Exhibit G - Bond to Insure Payment of Assessments,
				  Sample Form, A492-0517BOND-v4 (rev. 1/2020)
Condominium
				  Registration Application - Exhibit G - Irrevocable Letter of Credit, Sample
				  Form, A492-0517LOC-v4 (rev. 1/2020)
Declarant
				  Annual Report - Condominium, A492-0517ANRPT-v4 (rev. 1/2020)
Condominium
				  Bond/Letter of Credit Verification Form, A492-0517BNDLOC-v2 (rev.
				  1/2020)
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 40 - TIME-SHARE REGULATIONS › Section 18VAC48-40-10

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 54.1-2349 and 55-396 of
					 the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 40 - TIME-SHARE REGULATIONS › Section 18VAC48-40-20

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 54.1-2349 and 55-396 of
					 the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 40 - TIME-SHARE REGULATIONS › Section 18VAC48-40-25

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 54.1-2349 and 55-396 of
					 the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 40 - TIME-SHARE REGULATIONS › Section 18VAC48-40-30

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 54.1-2349 and 55-396 of
					 the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 40 - TIME-SHARE REGULATIONS › Section 18VAC48-40-40

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 54.1-2349 and 55-396 of
					 the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 40 - TIME-SHARE REGULATIONS › Section 18VAC48-40-50

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 54.1-2349 and 55-396 of
					 the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 40 - TIME-SHARE REGULATIONS › Section 18VAC48-40-60

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 54.1-2349 and 55-396 of
					 the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 40 - TIME-SHARE REGULATIONS › Section 18VAC48-40-70

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 54.1-2349 and 55-396 of
					 the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 40 - TIME-SHARE REGULATIONS › Section 18VAC48-40-80

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 54.1-2349 and 55-396 of
					 the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 40 - TIME-SHARE REGULATIONS › Section 18VAC48-40-90

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 54.1-2349 and 55-396 of
					 the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 40 - TIME-SHARE REGULATIONS › Section 18VAC48-40-100

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 54.1-2349 and 55-396 of
					 the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 40 - TIME-SHARE REGULATIONS › Section 18VAC48-40-110

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 54.1-2349 and 55-396 of
					 the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 40 - TIME-SHARE REGULATIONS › Section 18VAC48-40-120

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 54.1-2349 and 55-396 of
					 the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 40 - TIME-SHARE REGULATIONS › Section 18VAC48-40-130

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 54.1-2349 and 55-396 of
					 the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 40 - TIME-SHARE REGULATIONS › Section 18VAC48-40-140

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 54.1-2349 and 55-396 of
					 the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 40 - TIME-SHARE REGULATIONS › Section 18VAC48-40-150

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 54.1-2349 and 55-396 of
					 the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 40 - TIME-SHARE REGULATIONS › Section 18VAC48-40-160

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 54.1-2349 and 55-396 of
					 the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 40 - TIME-SHARE REGULATIONS › Form - FORMS (18VAC48-40)

Current through Register Vol. 40, No. 24, July 15, 2024
Time-Share
				  Annual Report, A492-0515ANRPT-v3 (eff. 6/15
)
Time-Share
				  Bond/Letter of Credit Verification Form, A492-0515BOND-v1 (eff.
				  9/13
)
Time-Share
				  Registration Application, A492-0515REG-v1 (eff. 9/13)
Time-Share
				  Building Status Form, A492-0515BLDST-v1 (eff. 9/13)
Time-Share
				  Amendment Application, A492-0515AMEND-v1 (eff. 9/13)
Time-Share
				  Exchange Company Registration Application, A492-0516REG-v1 (eff.
				  9/13
)
Time-Share
				  Exchange Company Annual Report, A492-0516ANRPT-v1 (eff. 9/13
)
Alternative
				  Purchase Registration Application, A492-05ALTPURREG-v1 (eff.
				  10/15
)
Alternative
				  Purchase Annual Report, A492-05ALTPURANRPT-v1 (eff.
				  10/15
)
Statutory Authority: § 54.1-2349 of the Code of
					 Virginia.