{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-1900.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-1900.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-1900.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-1900.html"}],"law_id":55215,"edition_id":1,"section_id":55215,"structure_id":14089,"section_number":"55.1-1900","catch_line":"Definitions","history":"1974, c. 416, \u00a7 55-79.41; 1975, c. 415; 1981, c. 480; 1982, c. 545; 1991, c. 497; 1993, c. 667; 1996, c. 977; 2001, c. 715; 2002, c. 459; 2003, c. 442; 2008, cc. 851, 871; 2015, cc. 93, 410; 2019, c. 712; 2021, Sp. Sess. I, cc. 9, 494; 2024, c. 324.","full_text":"As used in this chapter, unless the context requires a different meaning:\n\t\t“Capital components” means those items, whether or not a part of the common elements, for which the unit owners’ association has the obligation for repair, replacement, or restoration and for which the executive board determines funding is necessary.\n\t\t“Common elements” means all portions of the condominium other than the units.\n\t\t“Common expenses” means all expenditures lawfully made or incurred by or on behalf of the unit owners’ association, together with all funds lawfully assessed for the creation or maintenance of reserves pursuant to the provisions of the condominium instruments.\n\t\t“Common interest community manager” means the same as that term is defined in \u00a7 54.1-2345.\n\t\t“Condominium” means real property, and any incidents to or interests in such real property, lawfully subject to this chapter by the recordation of condominium instruments pursuant to the provisions of this chapter. No project shall be deemed a condominium within the meaning of this chapter unless the undivided interests in the common elements are vested in the unit owners.\n\t\t“Condominium instruments” means, collectively, the declaration, bylaws, and plats and plans recorded pursuant to the provisions of this chapter. Any exhibit, schedule, or certification recorded with a condominium instrument shall be deemed an integral part of that condominium instrument. Once recorded, any amendment or certification of any condominium instrument shall be deemed an integral part of the affected condominium instrument if such amendment or certification was made in accordance with the provisions of this chapter.\n\t\t“Condominium unit” means a unit together with the undivided interest in the common elements appertaining to that unit.\n\t\t“Contractable condominium” means a condominium from which one or more portions of the submitted land may be withdrawn in accordance with the provisions of the declaration and of this chapter. If such withdrawal can occur only by the expiration or termination of one or more leases, then the condominium shall not be deemed a contractable condominium.\n\t\t“Conversion condominium” means a condominium containing structures that before the recording of the declaration were wholly or partially occupied by persons other than those who have contracted for the purchase of condominium units and those who occupy with the consent of such purchasers.\n\t\t“Convertible land” means a portion of the common elements within which additional units or limited common elements may be created in accordance with the provisions of this chapter.\n\t\t“Convertible space” means a portion of a structure within the condominium that a declarant may convert into one or more units or common elements, including limited common elements, in accordance with the provisions of the declaration and this chapter.\n\t\t“Declarant” means any person, or group of persons acting in concert, that (i) offers to dispose of its interest in a condominium unit not previously disposed of, including an institutional lender that may not have succeeded to or accepted any special declarant rights pursuant to \u00a7 55.1-1947; (ii) reserves or succeeds to any special declarant right; or (iii) applies for registration of the condominium. However, for the purposes of clauses (i) and (iii), “declarant” does not include an institutional lender that acquires title by foreclosure or deed in lieu of foreclosure unless such lender offers to dispose of its interest in a condominium unit not previously disposed of to anyone not in the business of selling real estate for his own account, except as otherwise provided in \u00a7 55.1-1947. “Declarant” does not include an individual who acquires title to a condominium unit at a foreclosure sale.\n\t\t“Dispose” or “disposition” refers to any voluntary transfer of a legal or equitable interest in a condominium unit to a purchaser, but does not include the transfer or release of security for a debt.\n\t\t“Electronic means” means any form of communication, not directly involving the physical transmission of paper, that creates a record that may be retained, retrieved, and reviewed by a recipient of such communication. A meeting conducted by electronic means includes a meeting conducted via teleconference, videoconference, Internet exchange, or other electronic methods. Any term used in this definition that is defined in \u00a7 59.1-480 of the Uniform Electronic Transactions Act has the meaning set forth in that section.\n\t\t“Executive board” means an executive and administrative entity, by whatever name denominated, designated in the condominium instruments as the governing body of the unit owners’ association.\n\t\t“Expandable condominium” means a condominium to which additional land may be added in accordance with the provisions of the declaration and this chapter.\n\t\t“Future common expenses” means common expenses for which assessments are not yet due and payable.\n\t\t“Identifying number” means one or more letters or numbers that identify only one unit in the condominium.\n\t\t“Institutional lender” means one or more commercial or savings banks, savings and loan associations, trust companies, credit unions, industrial loan associations, insurance companies, pension funds, or business trusts, including real estate investment trusts, any other lender regularly engaged in financing the purchase, construction, or improvement of real estate, or any assignee of loans made by such a lender, or any combination of any of the foregoing entities.\n\t\t“Land” is a three-dimensional concept and includes parcels with upper or lower boundaries, or both upper and lower boundaries, as well as parcels extending ab solo usque ad coelum. Parcels of airspace constitute land within the meaning of this chapter. Any requirement in this chapter of a legally sufficient description shall be deemed to include a requirement that the upper or lower boundaries, if any, of the parcel in question be identified with reference to established datum.\n\t\t“Leasehold condominium” means a condominium in all or any portion of which each unit owner owns an estate for years in his unit, or in the land within which that unit is situated, or both, with all such leasehold interests due to expire naturally at the same time. A condominium including leased land, or an interest in such land, within which no units are situated or to be situated is not a leasehold condominium within the meaning of this chapter.\n\t\t“Limited common element” means a portion of the common elements reserved for the exclusive use of those entitled to the use of one or more, but less than all, of the units.\n\t\t“Nonbinding reservation agreement” means an agreement between the declarant and a prospective purchaser that is in no way binding on the prospective purchaser and that may be canceled without penalty at the sole discretion of the prospective purchaser.\n\t\t“Offer” means any inducement, solicitation, or attempt to encourage any person to acquire any legal or equitable interest in a condominium unit, except as security for a debt. Nothing that expressly states that the condominium has not been registered with the Common Interest Community Board and that no unit in the condominium can or will be offered for sale until such time as the condominium has been so registered shall be considered an “offer.”\n\t\t“Officer” means any member of the executive board or official of the unit owners’ association.\n\t\t“Par value” means a number of dollars or points assigned to each unit by the declaration. Substantially identical units shall be assigned the same par value, but units located at substantially different heights above the ground, or having substantially different views, or having substantially different amenities or other characteristics that might result in differences in market value may be considered substantially identical within the meaning of \u00a7\u00a7 55.1-1917 and 55.1-1918.\n\t\t“Person” means a natural person, corporation, partnership, association, trust, or other entity capable of holding title to real property, or any combination thereof.\n\t\t“Purchaser” means any person, other than a declarant, that acquires by means of a voluntary transfer a legal or equitable interest in a condominium unit, other than (i) a leasehold interest, including renewal options, of less than 20 years or (ii) as security for a debt.\n\t\t“Reserve study” means a capital budget planning tool used to determine the physical status and estimated repair or replacement cost of capital components and an analysis of association funding capacity to maintain, repair, and replace capital components.\n\t\t“Settlement agent” means the same as that term is defined in \u00a7 55.1-1000.\n\t\t“Size” means the number of cubic feet, or the number of square feet of ground or floor space, within each unit as computed by reference to the plat and plans and rounded to the nearest whole number. Certain spaces within the units, including attic, basement, or garage space, may be omitted from such calculation or partially discounted by the use of a ratio, so long as the same basis of calculation is employed for all units in the condominium and so long as that basis is described in the declaration.\n\t\t“Special declarant rights” means any right reserved for the benefit of a declarant, or of a person or group of persons that becomes a declarant, to (i) expand an expandable condominium; (ii) contract a contractable condominium; (iii) convert convertible land or convertible space or both; (iv) appoint or remove any officers of the unit owners’ association or the executive board pursuant to subsection A of \u00a7 55.1-1943; (v) exercise any power or responsibility otherwise assigned by any condominium instrument or by this chapter to the unit owners’ association, any officer, or the executive board; or (vi) maintain sales offices, management offices, model units, and signs pursuant to \u00a7 55.1-1929.\n\t\t“Unit” means a portion of the condominium designed and intended for individual ownership and use. For the purposes of this chapter, a convertible space shall be treated as a unit in accordance with subsection D of \u00a7 55.1-1925.\n\t\t“Unit owner” means one or more persons that own a condominium unit or, in the case of a leasehold condominium, whose leasehold interest in the condominium extends for the entire balance of the unexpired term. “Unit owner” includes any purchaser of a condominium unit at a foreclosure sale, regardless of whether the deed is recorded in the land records where the unit is located. “Unit owner” does not include any person holding an interest in a condominium unit solely as security for a debt.","order_by":null,"text":{"0":{"id":202477,"text":"As used in this chapter, unless the context requires a different meaning:\n\t\t“Capital components” means those items, whether or not a part of the common elements, for which the unit owners’ association has the obligation for repair, replacement, or restoration and for which the executive board determines funding is necessary.\n\t\t“Common elements” means all portions of the condominium other than the units.\n\t\t“Common expenses” means all expenditures lawfully made or incurred by or on behalf of the unit owners’ association, together with all funds lawfully assessed for the creation or maintenance of reserves pursuant to the provisions of the condominium instruments.\n\t\t“Common interest community manager” means the same as that term is defined in \u00a7 54.1-2345.\n\t\t“Condominium” means real property, and any incidents to or interests in such real property, lawfully subject to this chapter by the recordation of condominium instruments pursuant to the provisions of this chapter. No project shall be deemed a condominium within the meaning of this chapter unless the undivided interests in the common elements are vested in the unit owners.\n\t\t“Condominium instruments” means, collectively, the declaration, bylaws, and plats and plans recorded pursuant to the provisions of this chapter. Any exhibit, schedule, or certification recorded with a condominium instrument shall be deemed an integral part of that condominium instrument. Once recorded, any amendment or certification of any condominium instrument shall be deemed an integral part of the affected condominium instrument if such amendment or certification was made in accordance with the provisions of this chapter.\n\t\t“Condominium unit” means a unit together with the undivided interest in the common elements appertaining to that unit.\n\t\t“Contractable condominium” means a condominium from which one or more portions of the submitted land may be withdrawn in accordance with the provisions of the declaration and of this chapter. If such withdrawal can occur only by the expiration or termination of one or more leases, then the condominium shall not be deemed a contractable condominium.\n\t\t“Conversion condominium” means a condominium containing structures that before the recording of the declaration were wholly or partially occupied by persons other than those who have contracted for the purchase of condominium units and those who occupy with the consent of such purchasers.\n\t\t“Convertible land” means a portion of the common elements within which additional units or limited common elements may be created in accordance with the provisions of this chapter.\n\t\t“Convertible space” means a portion of a structure within the condominium that a declarant may convert into one or more units or common elements, including limited common elements, in accordance with the provisions of the declaration and this chapter.\n\t\t“Declarant” means any person, or group of persons acting in concert, that (i) offers to dispose of its interest in a condominium unit not previously disposed of, including an institutional lender that may not have succeeded to or accepted any special declarant rights pursuant to \u00a7 55.1-1947; (ii) reserves or succeeds to any special declarant right; or (iii) applies for registration of the condominium. However, for the purposes of clauses (i) and (iii), “declarant” does not include an institutional lender that acquires title by foreclosure or deed in lieu of foreclosure unless such lender offers to dispose of its interest in a condominium unit not previously disposed of to anyone not in the business of selling real estate for his own account, except as otherwise provided in \u00a7 55.1-1947. “Declarant” does not include an individual who acquires title to a condominium unit at a foreclosure sale.\n\t\t“Dispose” or “disposition” refers to any voluntary transfer of a legal or equitable interest in a condominium unit to a purchaser, but does not include the transfer or release of security for a debt.\n\t\t“Electronic means” means any form of communication, not directly involving the physical transmission of paper, that creates a record that may be retained, retrieved, and reviewed by a recipient of such communication. A meeting conducted by electronic means includes a meeting conducted via teleconference, videoconference, Internet exchange, or other electronic methods. Any term used in this definition that is defined in \u00a7 59.1-480 of the Uniform Electronic Transactions Act has the meaning set forth in that section.\n\t\t“Executive board” means an executive and administrative entity, by whatever name denominated, designated in the condominium instruments as the governing body of the unit owners’ association.\n\t\t“Expandable condominium” means a condominium to which additional land may be added in accordance with the provisions of the declaration and this chapter.\n\t\t“Future common expenses” means common expenses for which assessments are not yet due and payable.\n\t\t“Identifying number” means one or more letters or numbers that identify only one unit in the condominium.\n\t\t“Institutional lender” means one or more commercial or savings banks, savings and loan associations, trust companies, credit unions, industrial loan associations, insurance companies, pension funds, or business trusts, including real estate investment trusts, any other lender regularly engaged in financing the purchase, construction, or improvement of real estate, or any assignee of loans made by such a lender, or any combination of any of the foregoing entities.\n\t\t“Land” is a three-dimensional concept and includes parcels with upper or lower boundaries, or both upper and lower boundaries, as well as parcels extending ab solo usque ad coelum. Parcels of airspace constitute land within the meaning of this chapter. Any requirement in this chapter of a legally sufficient description shall be deemed to include a requirement that the upper or lower boundaries, if any, of the parcel in question be identified with reference to established datum.\n\t\t“Leasehold condominium” means a condominium in all or any portion of which each unit owner owns an estate for years in his unit, or in the land within which that unit is situated, or both, with all such leasehold interests due to expire naturally at the same time. A condominium including leased land, or an interest in such land, within which no units are situated or to be situated is not a leasehold condominium within the meaning of this chapter.\n\t\t“Limited common element” means a portion of the common elements reserved for the exclusive use of those entitled to the use of one or more, but less than all, of the units.\n\t\t“Nonbinding reservation agreement” means an agreement between the declarant and a prospective purchaser that is in no way binding on the prospective purchaser and that may be canceled without penalty at the sole discretion of the prospective purchaser.\n\t\t“Offer” means any inducement, solicitation, or attempt to encourage any person to acquire any legal or equitable interest in a condominium unit, except as security for a debt. Nothing that expressly states that the condominium has not been registered with the Common Interest Community Board and that no unit in the condominium can or will be offered for sale until such time as the condominium has been so registered shall be considered an “offer.”\n\t\t“Officer” means any member of the executive board or official of the unit owners’ association.\n\t\t“Par value” means a number of dollars or points assigned to each unit by the declaration. Substantially identical units shall be assigned the same par value, but units located at substantially different heights above the ground, or having substantially different views, or having substantially different amenities or other characteristics that might result in differences in market value may be considered substantially identical within the meaning of \u00a7\u00a7 55.1-1917 and 55.1-1918.\n\t\t“Person” means a natural person, corporation, partnership, association, trust, or other entity capable of holding title to real property, or any combination thereof.\n\t\t“Purchaser” means any person, other than a declarant, that acquires by means of a voluntary transfer a legal or equitable interest in a condominium unit, other than (i) a leasehold interest, including renewal options, of less than 20 years or (ii) as security for a debt.\n\t\t“Reserve study” means a capital budget planning tool used to determine the physical status and estimated repair or replacement cost of capital components and an analysis of association funding capacity to maintain, repair, and replace capital components.\n\t\t“Settlement agent” means the same as that term is defined in \u00a7 55.1-1000.\n\t\t“Size” means the number of cubic feet, or the number of square feet of ground or floor space, within each unit as computed by reference to the plat and plans and rounded to the nearest whole number. Certain spaces within the units, including attic, basement, or garage space, may be omitted from such calculation or partially discounted by the use of a ratio, so long as the same basis of calculation is employed for all units in the condominium and so long as that basis is described in the declaration.\n\t\t“Special declarant rights” means any right reserved for the benefit of a declarant, or of a person or group of persons that becomes a declarant, to (i) expand an expandable condominium; (ii) contract a contractable condominium; (iii) convert convertible land or convertible space or both; (iv) appoint or remove any officers of the unit owners’ association or the executive board pursuant to subsection A of \u00a7 55.1-1943; (v) exercise any power or responsibility otherwise assigned by any condominium instrument or by this chapter to the unit owners’ association, any officer, or the executive board; or (vi) maintain sales offices, management offices, model units, and signs pursuant to \u00a7 55.1-1929.\n\t\t“Unit” means a portion of the condominium designed and intended for individual ownership and use. For the purposes of this chapter, a convertible space shall be treated as a unit in accordance with subsection D of \u00a7 55.1-1925.\n\t\t“Unit owner” means one or more persons that own a condominium unit or, in the case of a leasehold condominium, whose leasehold interest in the condominium extends for the entire balance of the unexpired term. “Unit owner” includes any purchaser of a condominium unit at a foreclosure sale, regardless of whether the deed is recorded in the land records where the unit is located. “Unit owner” does not include any person holding an interest in a condominium unit solely as security for a debt.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14089,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":13018,"metadata":{},"date_created":"2026-06-26 03:46:51","date_modified":"2026-06-26 03:46:51","permalink":{"id":246625,"object_type":"structure","relational_id":14089,"identifier":"1","token":"55.1\/IV\/19\/1","url":"\/55.1\/IV\/19\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13018,"edition_id":1,"name":"Virginia Condominium Act","identifier":"19","label":"chapter","depth":3,"order_by":1,"parent_id":12914,"metadata":{},"date_created":"2026-06-26 03:44:09","date_modified":"2026-06-26 03:44:09","permalink":{"id":246623,"object_type":"structure","relational_id":13018,"identifier":"19","token":"55.1\/IV\/19","url":"\/55.1\/IV\/19\/","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":55215,"structure_id":14089,"section_number":"55.1-1900","catch_line":"Definitions","url":"\/55.1-1900\/","token":"55.1\/IV\/19\/1\/55.1-1900","metadata":false},{"id":76143,"structure_id":14089,"section_number":"55.1-1901","catch_line":"Application and construction of chapter","url":"\/55.1-1901\/","token":"55.1\/IV\/19\/1\/55.1-1901","metadata":false},{"id":73164,"structure_id":14089,"section_number":"55.1-1902","catch_line":"Variation by agreement","url":"\/55.1-1902\/","token":"55.1\/IV\/19\/1\/55.1-1902","metadata":false},{"id":63034,"structure_id":14089,"section_number":"55.1-1903","catch_line":"Separate assessments, titles, and taxation","url":"\/55.1-1903\/","token":"55.1\/IV\/19\/1\/55.1-1903","metadata":false},{"id":71923,"structure_id":14089,"section_number":"55.1-1904","catch_line":"Association charges","url":"\/55.1-1904\/","token":"55.1\/IV\/19\/1\/55.1-1904","metadata":false},{"id":75275,"structure_id":14089,"section_number":"55.1-1905","catch_line":"Local ordinances; nonconforming conversion condominiums; applicability of Uniform Statewide Building Code; other regulations","url":"\/55.1-1905\/","token":"55.1\/IV\/19\/1\/55.1-1905","metadata":false},{"id":57723,"structure_id":14089,"section_number":"55.1-1906","catch_line":"Eminent domain","url":"\/55.1-1906\/","token":"55.1\/IV\/19\/1\/55.1-1906","metadata":false}],"next_section":{"id":76143,"structure_id":14089,"section_number":"55.1-1901","catch_line":"Application and construction of chapter","url":"\/55.1-1901\/","token":"55.1\/IV\/19\/1\/55.1-1901","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-1900\/","history_text":"

This law was first created in 1974. The record of its establishment is cataloged in chapter 416 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 1974 \u201cActs\u201d aren\u2019t available online. It has been modified 13 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 1975, chapter 415; in 1981, chapter 480; in 1982, chapter 545; in 1991, chapter 497; in 1993, chapter 667; in 1996, chapter 977<\/a>; in 2001, chapter 715<\/a>; in 2002, chapter 459<\/a>; in 2003, chapter 442<\/a>; in 2008, chapters 851<\/a> and 871<\/a>; in 2015, chapters 93<\/a> and 410<\/a>; in 2019, chapter 712<\/a>; in 2024, chapter 324<\/a>.<\/p>","references":[{"id":79728,"section_number":"15.2-110","catch_line":"Authority to require approval by common interest community association","order_by":null,"url":"\/15.2-110\/"},{"id":63216,"section_number":"15.2-2288.7","catch_line":"Local regulation of solar facilities","order_by":null,"url":"\/15.2-2288.7\/"},{"id":79079,"section_number":"15.2-958.3","catch_line":"Commercial Property Assessed Clean Energy (C-PACE) financing programs","order_by":null,"url":"\/15.2-958.3\/"},{"id":81829,"section_number":"15.2-983","catch_line":"Creation of registry for short-term rental of property","order_by":null,"url":"\/15.2-983\/"},{"id":64189,"section_number":"15.2-987","catch_line":"Rentals for 30 consecutive days or longer","order_by":null,"url":"\/15.2-987\/"},{"id":72168,"section_number":"16.1-77","catch_line":"Civil jurisdiction of general district courts; amending amount of claim","order_by":null,"url":"\/16.1-77\/"},{"id":78978,"section_number":"3.2-6540.01","catch_line":"Obligations of officer and owner following dangerous dog finding","order_by":null,"url":"\/3.2-6540.01\/"},{"id":75637,"section_number":"43-3","catch_line":"Lien for work done and materials furnished; waiver of right to file or enforce lien","order_by":null,"url":"\/43-3\/"},{"id":73192,"section_number":"46.2-102","catch_line":"Enforcement by law-enforcement officers; officers to be uniformed; officers to be paid fixed salaries","order_by":null,"url":"\/46.2-102\/"},{"id":57036,"section_number":"46.2-1216","catch_line":"Removal or immobilization of motor vehicles, vehicles, and trailers against which there are outstanding parking violations; ordinances","order_by":null,"url":"\/46.2-1216\/"},{"id":68405,"section_number":"46.2-1231","catch_line":"Ticketing, removal, or immobilization of trespassing vehicles by owner or operator of parking or other lot or building; charges","order_by":null,"url":"\/46.2-1231\/"},{"id":69434,"section_number":"46.2-1232","catch_line":"Localities may regulate removal or immobilization of trespassing vehicles","order_by":null,"url":"\/46.2-1232\/"},{"id":81825,"section_number":"46.2-878","catch_line":"Authority to change speed limits","order_by":null,"url":"\/46.2-878\/"},{"id":75397,"section_number":"54.1-2349","catch_line":"Powers and duties of the Board","order_by":null,"url":"\/54.1-2349\/"},{"id":75527,"section_number":"54.1-2351","catch_line":"General powers and duties of Board concerning associations","order_by":null,"url":"\/54.1-2351\/"},{"id":78745,"section_number":"54.1-2352","catch_line":"Cease and desist orders","order_by":null,"url":"\/54.1-2352\/"},{"id":55980,"section_number":"54.1-2354","catch_line":"Variation by agreement","order_by":null,"url":"\/54.1-2354\/"},{"id":64224,"section_number":"55.1-1208","catch_line":"Prohibited provisions in rental agreements","order_by":null,"url":"\/55.1-1208\/"},{"id":82472,"section_number":"55.1-1801","catch_line":"Applicability","order_by":null,"url":"\/55.1-1801\/"},{"id":70994,"section_number":"55.1-1912","catch_line":"Construction of condominium instruments","order_by":null,"url":"\/55.1-1912\/"},{"id":83554,"section_number":"55.1-1933","catch_line":"Subdivision of units","order_by":null,"url":"\/55.1-1933\/"},{"id":55038,"section_number":"55.1-1965","catch_line":"Annual budget; reserve study; reserves for capital components","order_by":null,"url":"\/55.1-1965\/"},{"id":74325,"section_number":"55.1-2003","catch_line":"Establishment of horizontal property regime","order_by":null,"url":"\/55.1-2003\/"},{"id":67688,"section_number":"55.1-2011","catch_line":"Merger not to bar subsequent condominium","order_by":null,"url":"\/55.1-2011\/"},{"id":56514,"section_number":"55.1-2207","catch_line":"Time-sharing permitted","order_by":null,"url":"\/55.1-2207\/"},{"id":70516,"section_number":"55.1-2218","catch_line":"Certain advertising practices regulated","order_by":null,"url":"\/55.1-2218\/"},{"id":56010,"section_number":"55.1-2301","catch_line":"Exemptions","order_by":null,"url":"\/55.1-2301\/"},{"id":85397,"section_number":"55.1-2307","catch_line":"Definitions","order_by":null,"url":"\/55.1-2307\/"},{"id":63018,"section_number":"55.1-2310","catch_line":"Resale certificate; form and contents","order_by":null,"url":"\/55.1-2310\/"},{"id":87262,"section_number":"55.1-357","catch_line":"Implied warranties on new homes","order_by":null,"url":"\/55.1-357\/"},{"id":81897,"section_number":"58.1-3703","catch_line":"Counties, cities and towns may impose local license taxes and fees; limitation of authority","order_by":null,"url":"\/58.1-3703\/"},{"id":74330,"section_number":"58.1-3901","catch_line":"Apartment house, office building, shopping center, trailer camp, trailer court, self-service storage facility, marina, airport, and other owners or operators to file lists of tenants","order_by":null,"url":"\/58.1-3901\/"},{"id":83734,"section_number":"59.1-314","catch_line":"Conflicts with other statutes","order_by":null,"url":"\/59.1-314\/"},{"id":59857,"section_number":"59.1-321","catch_line":"Exemption from registration under other acts","order_by":null,"url":"\/59.1-321\/"},{"id":77455,"section_number":"8.01-463","catch_line":"Enforcement of lien when judgment does not exceed $25,000","order_by":null,"url":"\/8.01-463\/"}],"refers_to":[{"id":55467,"section_number":"54.1-2345","catch_line":"Definitions","order_by":null,"url":"\/54.1-2345\/"},{"id":80642,"section_number":"55.1-1000","catch_line":"Definitions","order_by":null,"url":"\/55.1-1000\/"},{"id":69117,"section_number":"55.1-1917","catch_line":"Allocation of interests in the common elements","order_by":null,"url":"\/55.1-1917\/"},{"id":74121,"section_number":"55.1-1918","catch_line":"Reallocation of interests in common elements","order_by":null,"url":"\/55.1-1918\/"},{"id":69213,"section_number":"55.1-1925","catch_line":"Conversion of convertible spaces","order_by":null,"url":"\/55.1-1925\/"},{"id":84085,"section_number":"55.1-1929","catch_line":"Easement to facilitate sales","order_by":null,"url":"\/55.1-1929\/"},{"id":84290,"section_number":"55.1-1943","catch_line":"Control of condominium by declarant","order_by":null,"url":"\/55.1-1943\/"},{"id":64177,"section_number":"55.1-1947","catch_line":"Transfer of special declarant rights","order_by":null,"url":"\/55.1-1947\/"},{"id":69066,"section_number":"59.1-480","catch_line":"Definitions","order_by":null,"url":"\/59.1-480\/"}],"permalink":{"id":246627,"object_type":"law","relational_id":55215,"identifier":"55.1-1900","token":"55.1\/IV\/19\/1\/55.1-1900","url":"\/55.1-1900\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-1900\/","token":"55.1\/IV\/19\/1\/55.1-1900","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-1900","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this chapter, unless the context requires a different meaning:\n\t\t“Capital components<\/span>” means those items, whether or not a part of the common elements, for which the unit owners<\/span>’ association has the obligation for repair, replacement, or restoration and for which the executive board<\/span> determines funding is necessary.\n\t\t“Common elements” means all portions of the condominium other than the units.\n\t\t“Common expenses” means all expenditures lawfully made or incurred by or on behalf of the unit owners<\/span>’ association, together with all funds lawfully assessed for the creation or maintenance of reserves pursuant to the provisions of the condominium instruments.\n\t\t“Common interest community manager<\/span>” means the same as that term is defined in \u00a7 54.1-2345<\/a>.\n\t\t“Condominium” means real property, and any incidents to or interests in such real property, lawfully subject to this chapter by the recordation of condominium instruments pursuant to the provisions of this chapter. No project shall be deemed a condominium within the meaning of this chapter unless the undivided interests in the common elements are vested in the unit owners<\/span>.\n\t\t“Condominium instruments” means, collectively, the declaration, bylaws, and plats and plans recorded pursuant to the provisions of this chapter. Any exhibit, schedule, or certification recorded with a condominium instrument shall be deemed an integral part of that condominium instrument. Once recorded, any amendment or certification of any condominium instrument shall be deemed an integral part of the affected condominium instrument if such amendment or certification was made in accordance with the provisions of this chapter.\n\t\t“Condominium unit<\/span>” means a unit together with the undivided interest in the common elements appertaining to that unit.\n\t\t“Contractable condominium<\/span>” means a condominium from which one or more portions of the submitted land may be withdrawn in accordance with the provisions of the declaration and of this chapter. If such withdrawal can occur only by the expiration or termination of one or more leases, then the condominium shall not be deemed a contractable condominium<\/span>.\n\t\t“Conversion condominium<\/span>” means a condominium containing structures that before the recording of the declaration were wholly or partially occupied by persons<\/span> other than those who have contracted for the purchase of condominium units<\/span> and those who occupy with the consent of such purchasers<\/span>.\n\t\t“Convertible land<\/span>” means a portion of the common elements within which additional units or limited common elements<\/span> may be created in accordance with the provisions of this chapter.\n\t\t“Convertible space<\/span>” means a portion of a structure within the condominium that a declarant may convert into one or more units or common elements, including limited common elements<\/span>, in accordance with the provisions of the declaration and this chapter.\n\t\t“Declarant” means any person<\/span>, or group of persons<\/span> acting in concert, that (i) offers<\/span> to dispose of its interest in a condominium unit<\/span> not previously disposed of, including an institutional lender<\/span> that may not have succeeded to or accepted any special declarant rights<\/span> pursuant to \u00a7 55.1-1947<\/a>; (ii) reserves or succeeds to any special declarant right; or (iii) applies for registration of the condominium. However, for the purposes of clauses (i) and (iii), “declarant” does not include an institutional lender<\/span> that acquires title by foreclosure or deed in lieu of foreclosure unless such lender offers<\/span> to dispose of its interest in a condominium unit<\/span> not previously disposed of to anyone not in the business of selling real estate for his own account, except as otherwise provided in \u00a7 55.1-1947<\/a>. “Declarant” does not include an individual who acquires title to a condominium unit<\/span> at a foreclosure sale.\n\t\t“Dispose” or “disposition<\/span>” refers to any voluntary transfer<\/span> of a legal or equitable<\/span> interest in a condominium unit<\/span> to a purchaser<\/span>, but does not include the transfer or release of security for a debt.\n\t\t“Electronic means<\/span>” means any form of communication, not directly involving the physical transmission of paper, that creates a record that may be retained, retrieved, and reviewed by a recipient of such communication. A meeting conducted by electronic means<\/span> includes a meeting conducted via teleconference, videoconference, Internet exchange, or other electronic methods. Any term used in this definition that is defined in \u00a7 59.1-480<\/a> of the Uniform Electronic Transactions Act has the meaning set forth in that section.\n\t\t“Executive board<\/span>” means an executive and administrative entity, by whatever name denominated, designated in the condominium instruments as the governing body of the unit owners<\/span>’ association.\n\t\t“Expandable condominium<\/span>” means a condominium to which additional land may be added in accordance with the provisions of the declaration and this chapter.\n\t\t“Future common expenses<\/span>” means common expenses for which assessments are not yet due and payable.\n\t\t“Identifying number<\/span>” means one or more letters or numbers that identify only one unit in the condominium.\n\t\t“Institutional lender<\/span>” means one or more commercial or savings banks, savings and loan associations, trust companies, credit unions, industrial loan associations, insurance companies, pension funds, or business trusts, including real estate investment trusts, any other lender regularly engaged in financing the purchase, construction, or improvement of real estate, or any assignee of loans made by such a lender, or any combination of any of the foregoing entities.\n\t\t“Land” is a three-dimensional concept and includes parcels with upper or lower boundaries, or both upper and lower boundaries, as well as parcels extending ab solo usque ad coelum. Parcels of airspace constitute land within the meaning of this chapter. Any requirement in this chapter of a legally sufficient description shall be deemed to include a requirement that the upper or lower boundaries, if any, of the parcel in question be identified with reference to established datum.\n\t\t“Leasehold condominium<\/span>” means a condominium in all or any portion of which each unit owner<\/span> owns an estate for years in his unit, or in the land within which that unit is situated, or both, with all such leasehold interests due to expire naturally at the same time. A condominium including leased land, or an interest in such land, within which no units are situated or to be situated is not a leasehold condominium<\/span> within the meaning of this chapter.\n\t\t“Limited common element<\/span>” means a portion of the common elements reserved for the exclusive use of those entitled to the use of one or more, but less than all, of the units.\n\t\t“Nonbinding reservation agreement<\/span>” means an agreement between the declarant and a prospective purchaser<\/span> that is in no way binding on the prospective purchaser<\/span> and that may be canceled without penalty<\/span> at the sole discretion of the prospective purchaser<\/span>.\n\t\t“Offer<\/span>” means any inducement, solicitation, or attempt to encourage any person<\/span> to acquire any legal or equitable<\/span> interest in a condominium unit<\/span>, except as security for a debt. Nothing that expressly states that the condominium has not been registered with the Common Interest Community Board and that no unit in the condominium can or will be offered for sale until such time as the condominium has been so registered shall be considered an “offer<\/span>.”\n\t\t“Officer<\/span>” means any member of the executive board<\/span> or official of the unit owners<\/span>’ association.\n\t\t“Par value<\/span>” means a number of dollars or points assigned to each unit by the declaration. Substantially identical units shall be assigned the same par value<\/span>, but units located at substantially different heights above the ground, or having substantially different views, or having substantially different amenities or other characteristics that might result in differences in market value may be considered substantially identical within the meaning of \u00a7\u00a7 55.1-1917<\/a> and 55.1-1918<\/a>.\n\t\t“Person<\/span>” means a natural person<\/span>, corporation, partnership, association, trust, or other entity capable of holding title to real property, or any combination thereof.\n\t\t“Purchaser<\/span>” means any person<\/span>, other than a declarant, that acquires by means of a voluntary transfer<\/span> a legal or equitable<\/span> interest in a condominium unit<\/span>, other than (i) a leasehold interest, including renewal options, of less than 20 years or (ii) as security for a debt.\n\t\t“Reserve study<\/span>” means a capital budget planning tool used to determine the physical status and estimated repair or replacement cost of capital components<\/span> and an analysis of association funding capacity to maintain, repair, and replace capital components<\/span>.\n\t\t“Settlement agent<\/span>” means the same as that term is defined in \u00a7 55.1-1000<\/a>.\n\t\t“Size<\/span>” means the number of cubic feet, or the number of square feet of ground or floor space, within each unit as computed by reference to the plat and plans and rounded to the nearest whole number. Certain spaces within the units, including attic, basement, or garage space, may be omitted from such calculation or partially discounted by the use of a ratio, so long as the same basis of calculation is employed for all units in the condominium and so long as that basis is described in the declaration.\n\t\t“Special declarant rights<\/span>” means any right reserved for the benefit of a declarant, or of a person<\/span> or group of persons<\/span> that becomes a declarant, to (i) expand an expandable condominium<\/span>; (ii) contract<\/span> a contractable condominium<\/span>; (iii) convert convertible land<\/span> or convertible space<\/span> or both; (iv) appoint or remove any officers<\/span> of the unit owners<\/span>’ association or the executive board<\/span> pursuant to subsection A of \u00a7 55.1-1943<\/a>; (v) exercise any power or responsibility otherwise assigned by any condominium instrument or by this chapter to the unit owners<\/span>’ association, any officer<\/span>, or the executive board<\/span>; or (vi) maintain sales offices, management offices, model units, and signs pursuant to \u00a7 55.1-1929<\/a>.\n\t\t“Unit” means a portion of the condominium designed and intended for individual ownership and use. For the purposes of this chapter, a convertible space<\/span> shall be treated as a unit in accordance with subsection D of \u00a7 55.1-1925<\/a>.\n\t\t“Unit owner<\/span>” means one or more persons<\/span> that own a condominium unit<\/span> or, in the case of a leasehold condominium<\/span>, whose leasehold interest in the condominium extends for the entire balance of the unexpired term. “Unit owner<\/span>” includes any purchaser<\/span> of a condominium unit<\/span> at a foreclosure sale, regardless of whether the deed is recorded in the land records where the unit is located. “Unit owner<\/span>” does not include any person<\/span> holding an interest in a condominium unit<\/span> solely as security for a debt.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 55.1-1900)\n\nAs used in this chapter, unless the context requires a different meaning:\n\t\t“Capital components” means those items, whether or not a part of\nthe common elements, for which the unit owners’ association has the\nobligation for repair, replacement, or restoration and for which the executive\nboard determines funding is necessary.\n\t\t“Common elements” means all portions of the condominium other than\nthe units.\n\t\t“Common expenses” means all expenditures lawfully made or incurred\nby or on behalf of the unit owners’ association, together with all funds\nlawfully assessed for the creation or maintenance of reserves pursuant to the\nprovisions of the condominium instruments.\n\t\t“Common interest community manager” means the same as that term is\ndefined in \u00a7 54.1-2345.\n\t\t“Condominium” means real property, and any incidents to or\ninterests in such real property, lawfully subject to this chapter by the\nrecordation of condominium instruments pursuant to the provisions of this\nchapter. No project shall be deemed a condominium within the meaning of this\nchapter unless the undivided interests in the common elements are vested in the\nunit owners.\n\t\t“Condominium instruments” means, collectively, the declaration,\nbylaws, and plats and plans recorded pursuant to the provisions of this chapter.\nAny exhibit, schedule, or certification recorded with a condominium instrument\nshall be deemed an integral part of that condominium instrument. Once recorded,\nany amendment or certification of any condominium instrument shall be deemed an\nintegral part of the affected condominium instrument if such amendment or\ncertification was made in accordance with the provisions of this chapter.\n\t\t“Condominium unit” means a unit together with the undivided\ninterest in the common elements appertaining to that unit.\n\t\t“Contractable condominium” means a condominium from which one or\nmore portions of the submitted land may be withdrawn in accordance with the\nprovisions of the declaration and of this chapter. If such withdrawal can occur\nonly by the expiration or termination of one or more leases, then the\ncondominium shall not be deemed a contractable condominium.\n\t\t“Conversion condominium” means a condominium containing structures\nthat before the recording of the declaration were wholly or partially occupied\nby persons other than those who have contracted for the purchase of condominium\nunits and those who occupy with the consent of such purchasers.\n\t\t“Convertible land” means a portion of the common elements within\nwhich additional units or limited common elements may be created in accordance\nwith the provisions of this chapter.\n\t\t“Convertible space” means a portion of a structure within the\ncondominium that a declarant may convert into one or more units or common\nelements, including limited common elements, in accordance with the provisions\nof the declaration and this chapter.\n\t\t“Declarant” means any person, or group of persons acting in\nconcert, that (i) offers to dispose of its interest in a condominium unit not\npreviously disposed of, including an institutional lender that may not have\nsucceeded to or accepted any special declarant rights pursuant to \u00a7 55.1-1947;\n(ii) reserves or succeeds to any special declarant right; or (iii) applies for\nregistration of the condominium. However, for the purposes of clauses (i) and\n(iii), “declarant” does not include an institutional lender that\nacquires title by foreclosure or deed in lieu of foreclosure unless such lender\noffers to dispose of its interest in a condominium unit not previously disposed\nof to anyone not in the business of selling real estate for his own account,\nexcept as otherwise provided in \u00a7 55.1-1947. “Declarant” does not\ninclude an individual who acquires title to a condominium unit at a foreclosure\nsale.\n\t\t“Dispose” or “disposition” refers to any voluntary\ntransfer of a legal or equitable interest in a condominium unit to a purchaser,\nbut does not include the transfer or release of security for a debt.\n\t\t“Electronic means” means any form of communication, not directly\ninvolving the physical transmission of paper, that creates a record that may be\nretained, retrieved, and reviewed by a recipient of such communication. A\nmeeting conducted by electronic means includes a meeting conducted via\nteleconference, videoconference, Internet exchange, or other electronic methods.\nAny term used in this definition that is defined in \u00a7 59.1-480 of the Uniform\nElectronic Transactions Act has the meaning set forth in that section.\n\t\t“Executive board” means an executive and administrative entity, by\nwhatever name denominated, designated in the condominium instruments as the\ngoverning body of the unit owners’ association.\n\t\t“Expandable condominium” means a condominium to which additional\nland may be added in accordance with the provisions of the declaration and this\nchapter.\n\t\t“Future common expenses” means common expenses for which\nassessments are not yet due and payable.\n\t\t“Identifying number” means one or more letters or numbers that\nidentify only one unit in the condominium.\n\t\t“Institutional lender” means one or more commercial or savings\nbanks, savings and loan associations, trust companies, credit unions, industrial\nloan associations, insurance companies, pension funds, or business trusts,\nincluding real estate investment trusts, any other lender regularly engaged in\nfinancing the purchase, construction, or improvement of real estate, or any\nassignee of loans made by such a lender, or any combination of any of the\nforegoing entities.\n\t\t“Land” is a three-dimensional concept and includes parcels with\nupper or lower boundaries, or both upper and lower boundaries, as well as\nparcels extending ab solo usque ad coelum. Parcels of airspace constitute land\nwithin the meaning of this chapter. Any requirement in this chapter of a legally\nsufficient description shall be deemed to include a requirement that the upper\nor lower boundaries, if any, of the parcel in question be identified with\nreference to established datum.\n\t\t“Leasehold condominium” means a condominium in all or any portion\nof which each unit owner owns an estate for years in his unit, or in the land\nwithin which that unit is situated, or both, with all such leasehold interests\ndue to expire naturally at the same time. A condominium including leased land,\nor an interest in such land, within which no units are situated or to be\nsituated is not a leasehold condominium within the meaning of this chapter.\n\t\t“Limited common element” means a portion of the common elements\nreserved for the exclusive use of those entitled to the use of one or more, but\nless than all, of the units.\n\t\t“Nonbinding reservation agreement” means an agreement between the\ndeclarant and a prospective purchaser that is in no way binding on the\nprospective purchaser and that may be canceled without penalty at the sole\ndiscretion of the prospective purchaser.\n\t\t“Offer” means any inducement, solicitation, or attempt to\nencourage any person to acquire any legal or equitable interest in a condominium\nunit, except as security for a debt. Nothing that expressly states that the\ncondominium has not been registered with the Common Interest Community Board and\nthat no unit in the condominium can or will be offered for sale until such time\nas the condominium has been so registered shall be considered an\n“offer.”\n\t\t“Officer” means any member of the executive board or official of\nthe unit owners’ association.\n\t\t“Par value” means a number of dollars or points assigned to each\nunit by the declaration. Substantially identical units shall be assigned the\nsame par value, but units located at substantially different heights above the\nground, or having substantially different views, or having substantially\ndifferent amenities or other characteristics that might result in differences in\nmarket value may be considered substantially identical within the meaning of\n\u00a7\u00a7 55.1-1917 and 55.1-1918.\n\t\t“Person” means a natural person, corporation, partnership,\nassociation, trust, or other entity capable of holding title to real property,\nor any combination thereof.\n\t\t“Purchaser” means any person, other than a declarant, that\nacquires by means of a voluntary transfer a legal or equitable interest in a\ncondominium unit, other than (i) a leasehold interest, including renewal\noptions, of less than 20 years or (ii) as security for a debt.\n\t\t“Reserve study” means a capital budget planning tool used to\ndetermine the physical status and estimated repair or replacement cost of\ncapital components and an analysis of association funding capacity to maintain,\nrepair, and replace capital components.\n\t\t“Settlement agent” means the same as that term is defined in \u00a7\n55.1-1000.\n\t\t“Size” means the number of cubic feet, or the number of square\nfeet of ground or floor space, within each unit as computed by reference to the\nplat and plans and rounded to the nearest whole number. Certain spaces within\nthe units, including attic, basement, or garage space, may be omitted from such\ncalculation or partially discounted by the use of a ratio, so long as the same\nbasis of calculation is employed for all units in the condominium and so long as\nthat basis is described in the declaration.\n\t\t“Special declarant rights” means any right reserved for the\nbenefit of a declarant, or of a person or group of persons that becomes a\ndeclarant, to (i) expand an expandable condominium; (ii) contract a contractable\ncondominium; (iii) convert convertible land or convertible space or both; (iv)\nappoint or remove any officers of the unit owners’ association or the\nexecutive board pursuant to subsection A of \u00a7 55.1-1943; (v) exercise any power\nor responsibility otherwise assigned by any condominium instrument or by this\nchapter to the unit owners’ association, any officer, or the executive\nboard; or (vi) maintain sales offices, management offices, model units, and\nsigns pursuant to \u00a7 55.1-1929.\n\t\t“Unit” means a portion of the condominium designed and intended\nfor individual ownership and use. For the purposes of this chapter, a\nconvertible space shall be treated as a unit in accordance with subsection D of\n\u00a7 55.1-1925.\n\t\t“Unit owner” means one or more persons that own a condominium unit\nor, in the case of a leasehold condominium, whose leasehold interest in the\ncondominium extends for the entire balance of the unexpired term. “Unit\nowner” includes any purchaser of a condominium unit at a foreclosure sale,\nregardless of whether the deed is recorded in the land records where the unit is\nlocated. “Unit owner” does not include any person holding an\ninterest in a condominium unit solely as security for a debt.\n\nHISTORY: 1974, c. 416, \u00a7 55-79.41; 1975, c. 415; 1981, c. 480; 1982, c. 545;\n1991, c. 497; 1993, c. 667; 1996, c. 977; 2001, c. 715; 2002, c. 459; 2003, c.\n442; 2008, cc. 851, 871; 2015, cc. 93, 410; 2019, c. 712; 2021, Sp. Sess. I, cc.\n9, 494; 2024, c. 324.","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}}