{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-1801.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-1801.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-1801.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-1801.html"}],"law_id":82472,"edition_id":1,"section_id":82472,"structure_id":13841,"section_number":"55.1-1801","catch_line":"Applicability","history":"1989, c. 679, \u00a7 55-508; 1991, c. 667; 1992, c. 677; 1998, cc. 32, 623; 2003, c. 422; 2005, c. 668; 2008, cc. 851, 871; 2018, c. 645; 2019, c. 712.","full_text":"A\n\nThis chapter applies to developments subject to a declaration initially recorded after January 1, 1959, associations incorporated or otherwise organized after such date, and all subdivisions created under the Subdivided Land Sales Act (§ 55.1-2300 et seq.). For the purposes of this chapter, as used in the Subdivided Land Sales Act, the terms:\n\t\t\t“Covenants,” “deed restrictions,” or “other recorded instruments” for the management, regulation, and control of a development are deemed to correspond with the term “declaration.”\n\t\t\t“Developer” is deemed to correspond with the term “declarant.”\n\t\t\t“Subdivision” is deemed to correspond with the term “development.”B\n\nThis chapter supersedes the Subdivided Land Sales Act (§ 55.1-2300 et seq.), and no development shall be subject to the Subdivided Land Sales Act on or after July 1, 1998.\n\t\t\tThis chapter shall not be construed to affect the validity of any provision of any declaration recorded prior to July 1, 1998, provided, however, that this chapter shall be applicable to any development established prior to the enactment of the Subdivided Land Sales Act (§ 55.1-2300 et seq.)(i) located in a county with an urban county executive form of government, (ii) containing 500 or more lots, (iii) each lot of which is located within the boundaries of a watershed improvement district established pursuant to Article 3 (§ 10.1-614 et seq.) of Chapter 6 of Title 10.1, and (iv) each lot of which is subject to substantially similar deed restrictions, which shall be considered a declaration under this chapter.\n\t\t\tIn addition, any development established prior to July 1, 1978, may specifically provide for the applicability of the provisions of this chapter.C\n\nThis chapter shall not be construed to affect the validity of any provision of any prior declaration; however, to the extent that the declaration is silent, the provisions of this chapter shall apply. If any one lot in a development is subject to the provisions of this chapter, all lots in the development shall be subject to the provisions of this chapter notwithstanding the fact that such lots would otherwise be excluded from the provisions of this chapter. Notwithstanding any provisions of this chapter, a declaration may specifically provide for the applicability of the provisions of this chapter. The granting of rights in this chapter shall not be construed to imply that such rights did not exist with respect to any development created in the Commonwealth before July 1, 1989.D\n\nThis chapter shall not apply to the (i) provisions of documents of, (ii) operations of any association governing, or (iii) relationship of a member to any association governing condominiums created pursuant to the Condominium Act (§ 55.1-1900 et seq.), cooperatives created pursuant to the Virginia Real Estate Cooperative Act (§ 55.1-2100 et seq.), time-shares created pursuant to the Virginia Real Estate Time-Share Act (§ 55.1-2200 et seq.), or membership campgrounds created pursuant to the Virginia Membership Camping Act (§ 59.1-311 et seq.). This chapter shall not apply to any nonstock, nonprofit, taxable corporation with nonmandatory membership which, as its primary function, makes available golf, ski, and other recreational facilities both to its members and to the general public.","order_by":null,"text":{"0":{"id":295463,"text":"This chapter applies to developments subject to a declaration initially recorded after January 1, 1959, associations incorporated or otherwise organized after such date, and all subdivisions created under the Subdivided Land Sales Act (§ 55.1-2300 et seq.). For the purposes of this chapter, as used in the Subdivided Land Sales Act, the terms:\n\t\t\t“Covenants,” “deed restrictions,” or “other recorded instruments” for the management, regulation, and control of a development are deemed to correspond with the term “declaration.”\n\t\t\t“Developer” is deemed to correspond with the term “declarant.”\n\t\t\t“Subdivision” is deemed to correspond with the term “development.”","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":295464,"text":"This chapter supersedes the Subdivided Land Sales Act (§ 55.1-2300 et seq.), and no development shall be subject to the Subdivided Land Sales Act on or after July 1, 1998.\n\t\t\tThis chapter shall not be construed to affect the validity of any provision of any declaration recorded prior to July 1, 1998, provided, however, that this chapter shall be applicable to any development established prior to the enactment of the Subdivided Land Sales Act (§ 55.1-2300 et seq.)(i) located in a county with an urban county executive form of government, (ii) containing 500 or more lots, (iii) each lot of which is located within the boundaries of a watershed improvement district established pursuant to Article 3 (§ 10.1-614 et seq.) of Chapter 6 of Title 10.1, and (iv) each lot of which is subject to substantially similar deed restrictions, which shall be considered a declaration under this chapter.\n\t\t\tIn addition, any development established prior to July 1, 1978, may specifically provide for the applicability of the provisions of this chapter.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":295465,"text":"This chapter shall not be construed to affect the validity of any provision of any prior declaration; however, to the extent that the declaration is silent, the provisions of this chapter shall apply. If any one lot in a development is subject to the provisions of this chapter, all lots in the development shall be subject to the provisions of this chapter notwithstanding the fact that such lots would otherwise be excluded from the provisions of this chapter. Notwithstanding any provisions of this chapter, a declaration may specifically provide for the applicability of the provisions of this chapter. The granting of rights in this chapter shall not be construed to imply that such rights did not exist with respect to any development created in the Commonwealth before July 1, 1989.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":295466,"text":"This chapter shall not apply to the (i) provisions of documents of, (ii) operations of any association governing, or (iii) relationship of a member to any association governing condominiums created pursuant to the Condominium Act (§ 55.1-1900 et seq.), cooperatives created pursuant to the Virginia Real Estate Cooperative Act (§ 55.1-2100 et seq.), time-shares created pursuant to the Virginia Real Estate Time-Share Act (§ 55.1-2200 et seq.), or membership campgrounds created pursuant to the Virginia Membership Camping Act (§ 59.1-311 et seq.). This chapter shall not apply to any nonstock, nonprofit, taxable corporation with nonmandatory membership which, as its primary function, makes available golf, ski, and other recreational facilities both to its members and to the general public.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13841,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":13840,"metadata":{},"date_created":"2026-06-26 03:46:02","date_modified":"2026-06-26 03:46:02","permalink":{"id":246477,"object_type":"structure","relational_id":13841,"identifier":"1","token":"55.1\/IV\/18\/1","url":"\/55.1\/IV\/18\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13840,"edition_id":1,"name":"Property Owners' Association Act","identifier":"18","label":"chapter","depth":3,"order_by":1,"parent_id":12914,"metadata":{},"date_created":"2026-06-26 03:46:02","date_modified":"2026-06-26 03:46:02","permalink":{"id":246475,"object_type":"structure","relational_id":13840,"identifier":"18","token":"55.1\/IV\/18","url":"\/55.1\/IV\/18\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12914,"edition_id":1,"name":"Common Interest Communities","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12707,"metadata":{},"date_created":"2026-06-26 03:44:01","date_modified":"2026-06-26 03:44:01","permalink":{"id":246473,"object_type":"structure","relational_id":12914,"identifier":"IV","token":"55.1\/IV","url":"\/55.1\/IV\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12707,"edition_id":1,"name":"Property and Conveyances","identifier":"55.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":244769,"object_type":"structure","relational_id":12707,"identifier":"55.1","token":"55.1","url":"\/55.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":65321,"structure_id":13841,"section_number":"55.1-1800","catch_line":"Definitions","url":"\/55.1-1800\/","token":"55.1\/IV\/18\/1\/55.1-1800","metadata":false},{"id":82472,"structure_id":13841,"section_number":"55.1-1801","catch_line":"Applicability","url":"\/55.1-1801\/","token":"55.1\/IV\/18\/1\/55.1-1801","metadata":false},{"id":85587,"structure_id":13841,"section_number":"55.1-1802","catch_line":"Developer to register and file annual report; payment of real estate taxes attributable to the common area","url":"\/55.1-1802\/","token":"55.1\/IV\/18\/1\/55.1-1802","metadata":false},{"id":65739,"structure_id":13841,"section_number":"55.1-1803","catch_line":"Limitation on certain contracts and leases by declarant","url":"\/55.1-1803\/","token":"55.1\/IV\/18\/1\/55.1-1803","metadata":false},{"id":61475,"structure_id":13841,"section_number":"55.1-1804","catch_line":"Documents to be provided by declarant upon transfer of control","url":"\/55.1-1804\/","token":"55.1\/IV\/18\/1\/55.1-1804","metadata":false},{"id":56849,"structure_id":13841,"section_number":"55.1-1805","catch_line":"Association charges","url":"\/55.1-1805\/","token":"55.1\/IV\/18\/1\/55.1-1805","metadata":false},{"id":65878,"structure_id":13841,"section_number":"55.1-1806","catch_line":"Rental of lots","url":"\/55.1-1806\/","token":"55.1\/IV\/18\/1\/55.1-1806","metadata":false},{"id":54855,"structure_id":13841,"section_number":"55.1-1807","catch_line":"Statement of lot owner rights","url":"\/55.1-1807\/","token":"55.1\/IV\/18\/1\/55.1-1807","metadata":false}],"previous_section":{"id":65321,"structure_id":13841,"section_number":"55.1-1800","catch_line":"Definitions","url":"\/55.1-1800\/","token":"55.1\/IV\/18\/1\/55.1-1800","metadata":false},"next_section":{"id":85587,"structure_id":13841,"section_number":"55.1-1802","catch_line":"Developer to register and file annual report; payment of real estate taxes attributable to the common area","url":"\/55.1-1802\/","token":"55.1\/IV\/18\/1\/55.1-1802","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-1801\/","history_text":"

This law was first created in 1989. The record of its establishment is cataloged in chapter 679 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1989 \u201cActs\u201d aren\u2019t available online. It has been modified 8 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1991, chapter 667; in 1992, chapter 677; in 1998, chapters 32<\/a> and 623<\/a>; in 2003, chapter 422<\/a>; in 2005, chapter 668<\/a>; in 2008, chapters 851<\/a> and 871<\/a>; in 2018, chapter 645<\/a>; in 2019, chapter 712<\/a>.<\/p>","references":[{"id":62439,"section_number":"58.1-3284.1","catch_line":"Assessment of lots and open spaces in certain planned development subdivisions","order_by":null,"url":"\/58.1-3284.1\/"}],"refers_to":[{"id":65094,"section_number":"10.1-614","catch_line":"Establishment within soil and water conservation district authorized","order_by":null,"url":"\/10.1-614\/"},{"id":55215,"section_number":"55.1-1900","catch_line":"Definitions","order_by":null,"url":"\/55.1-1900\/"},{"id":58909,"section_number":"55.1-2100","catch_line":"Definitions","order_by":null,"url":"\/55.1-2100\/"},{"id":56667,"section_number":"55.1-2200","catch_line":"Definitions","order_by":null,"url":"\/55.1-2200\/"},{"id":71715,"section_number":"55.1-2300","catch_line":"Definitions","order_by":null,"url":"\/55.1-2300\/"},{"id":60897,"section_number":"59.1-311","catch_line":"Title","order_by":null,"url":"\/59.1-311\/"}],"permalink":{"id":246483,"object_type":"law","relational_id":82472,"identifier":"55.1-1801","token":"55.1\/IV\/18\/1\/55.1-1801","url":"\/55.1-1801\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-1801\/","token":"55.1\/IV\/18\/1\/55.1-1801","dublin_core":{"Title":"Applicability","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-1801","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> This chapter applies to developments<\/span> subject to a declaration<\/span> initially recorded after January 1, 1959, associations<\/span> incorporated or otherwise organized after such date, and all subdivisions created under the Subdivided Land Sales Act (§ 55.1-2300<\/a> et seq.). For the purposes of this chapter, as used in the Subdivided Land Sales Act, the terms:\n\t\t\t“Covenants,” “deed restrictions,” or “other recorded instruments” for the management, regulation, and control of a development<\/span> are deemed to correspond with the term “declaration<\/span>.”\n\t\t\t“Developer” is deemed to correspond with the term “declarant<\/span>.”\n\t\t\t“Subdivision” is deemed to correspond with the term “development<\/span>.” <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> This chapter supersedes the Subdivided Land Sales Act (§ 55.1-2300<\/a> et seq.), and no development<\/span> shall be subject to the Subdivided Land Sales Act on or after July 1, 1998.\n\t\t\tThis chapter shall not be construed to affect the validity of any provision of any declaration<\/span> recorded prior to July 1, 1998, provided, however, that this chapter shall be applicable to any development<\/span> established prior to the enactment of the Subdivided Land Sales Act (§ 55.1-2300<\/a> et seq.)(i) located in a county with an urban county executive form of government, (ii) containing 500 or more lots<\/span>, (iii) each lot<\/span> of which is located within the boundaries of a watershed improvement district established pursuant to Article 3 (§ 10.1-614<\/a> et seq.) of Chapter 6 of Title 10.1, and (iv) each lot<\/span> of which is subject to substantially similar deed restrictions, which shall be considered a declaration<\/span> under this chapter.\n\t\t\tIn addition, any development<\/span> established prior to July 1, 1978, may specifically provide for the applicability of the provisions of this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> This chapter shall not be construed to affect the validity of any provision of any prior declaration<\/span>; however, to the extent that the declaration<\/span> is silent, the provisions of this chapter shall apply. If any one lot<\/span> in a development<\/span> is subject to the provisions of this chapter, all lots<\/span> in the development<\/span> shall be subject to the provisions of this chapter notwithstanding the fact<\/span> that such lots<\/span> would otherwise be excluded from the provisions of this chapter. Notwithstanding any provisions of this chapter, a declaration<\/span> may specifically provide for the applicability of the provisions of this chapter. The granting of rights in this chapter shall not be construed to imply that such rights did not exist with respect to any development<\/span> created in the Commonwealth before July 1, 1989. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> This chapter shall not apply to the (i) provisions of documents of, (ii) operations of any association<\/span> governing, or (iii) relationship of a member to any association<\/span> governing condominiums created pursuant to the Condominium Act (§ 55.1-1900<\/a> et seq.), cooperatives created pursuant to the Virginia Real Estate Cooperative Act (§ 55.1-2100<\/a> et seq.), time-shares created pursuant to the Virginia Real Estate Time-Share Act (§ 55.1-2200<\/a> et seq.), or membership campgrounds created pursuant to the Virginia Membership Camping Act (§ 59.1-311<\/a> et seq.). This chapter shall not apply to any nonstock, nonprofit, taxable corporation with nonmandatory membership which, as its primary function, makes available golf, ski, and other recreational facilities both to its members and to the general public. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPLICABILITY (\u00a7 55.1-1801)\n\nA. This chapter applies to developments subject to a declaration initially\nrecorded after January 1, 1959, associations incorporated or otherwise organized\nafter such date, and all subdivisions created under the Subdivided Land Sales\nAct (§ 55.1-2300 et seq.). For the purposes of this chapter, as used in the\nSubdivided Land Sales Act, the terms:\n\t\t\t“Covenants,” “deed restrictions,” or “other\nrecorded instruments” for the management, regulation, and control of a\ndevelopment are deemed to correspond with the term “declaration.”\n\t\t\t“Developer” is deemed to correspond with the term\n“declarant.”\n\t\t\t“Subdivision” is deemed to correspond with the term\n“development.”\n\nB. This chapter supersedes the Subdivided Land Sales Act (§ 55.1-2300 et\nseq.), and no development shall be subject to the Subdivided Land Sales Act on\nor after July 1, 1998.\n\t\t\tThis chapter shall not be construed to affect the validity of any provision\nof any declaration recorded prior to July 1, 1998, provided, however, that this\nchapter shall be applicable to any development established prior to the\nenactment of the Subdivided Land Sales Act (§ 55.1-2300 et seq.)(i) located\nin a county with an urban county executive form of government, (ii) containing\n500 or more lots, (iii) each lot of which is located within the boundaries of a\nwatershed improvement district established pursuant to Article 3 (§\n10.1-614 et seq.) of Chapter 6 of Title 10.1, and (iv) each lot of which is\nsubject to substantially similar deed restrictions, which shall be considered a\ndeclaration under this chapter.\n\t\t\tIn addition, any development established prior to July 1, 1978, may\nspecifically provide for the applicability of the provisions of this chapter.\n\nC. This chapter shall not be construed to affect the validity of any provision\nof any prior declaration; however, to the extent that the declaration is silent,\nthe provisions of this chapter shall apply. If any one lot in a development is\nsubject to the provisions of this chapter, all lots in the development shall be\nsubject to the provisions of this chapter notwithstanding the fact that such\nlots would otherwise be excluded from the provisions of this chapter.\nNotwithstanding any provisions of this chapter, a declaration may specifically\nprovide for the applicability of the provisions of this chapter. The granting of\nrights in this chapter shall not be construed to imply that such rights did not\nexist with respect to any development created in the Commonwealth before July 1,\n1989.\n\nD. This chapter shall not apply to the (i) provisions of documents of, (ii)\noperations of any association governing, or (iii) relationship of a member to\nany association governing condominiums created pursuant to the Condominium Act\n(§ 55.1-1900 et seq.), cooperatives created pursuant to the Virginia Real\nEstate Cooperative Act (§ 55.1-2100 et seq.), time-shares created pursuant\nto the Virginia Real Estate Time-Share Act (§ 55.1-2200 et seq.), or\nmembership campgrounds created pursuant to the Virginia Membership Camping Act\n(§ 59.1-311 et seq.). This chapter shall not apply to any nonstock,\nnonprofit, taxable corporation with nonmandatory membership which, as its\nprimary function, makes available golf, ski, and other recreational facilities\nboth to its members and to the general public.\n\nHISTORY: 1989, c. 679, \u00a7 55-508; 1991, c. 667; 1992, c. 677; 1998, cc. 32, 623;\n2003, c. 422; 2005, c. 668; 2008, cc. 851, 871; 2018, c. 645; 2019, c. 712.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}