{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-1917.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-1917.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-1917.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-1917.html"}],"law_id":69117,"edition_id":1,"section_id":69117,"structure_id":13019,"section_number":"55.1-1917","catch_line":"Allocation of interests in the common elements","history":"1974, c. 416, \u00a7 55-79.55; 2019, c. 712.","full_text":"A\n\nThe declaration may allocate to each unit depicted on plats and plans that comply with subsections A and B of § 55.1-1920 an undivided interest in the common elements proportionate to either the size or par value of each unit. If par value is stated in terms of dollars, that statement shall not be deemed to reflect or control the sales price or fair market value of any unit, and no opinion, appraisal, or fair market transaction at a different figure shall affect the par value of any unit or any undivided interest in the common elements, voting rights in the unit owners’ association, or liability for common expenses assigned on the basis of such par value.B\n\nIf the basis for allocation provided in subsection A is not used, then the declaration shall allocate to each such unit an equal undivided interest in the common elements, subject to the following exception: Each convertible space so depicted shall be allocated an undivided interest in the common elements proportionate to the size of each such space, vis-a-vis the aggregate size of all units so depicted, while the remaining undivided interest in the common elements shall be allocated equally to the other units so depicted.C\n\nThe undivided interests in the common elements allocated in accordance with subsection A or B shall add up to 1 if stated as fractions or 100 percent if stated as percentages.D\n\nIf, in accordance with subsection A or B, an equal undivided interest in the common elements is allocated to each unit, the declaration may state that fact and need not express the fraction or percentage so allocated.E\n\nUnless an equal undivided interest in the common elements is allocated to each unit, the undivided interest allocated to each unit in accordance with subsection A or B shall be reflected by a table in the declaration, or by an exhibit to the declaration, containing three columns. The first column shall identify the units, listing them serially or grouping them together in the case of units to which identical undivided interests are allocated. Corresponding figures in the second and third columns shall set forth the respective areas or par values of those units and the fraction or percentage of undivided interest in the common elements allocated to such units.F\n\nExcept to the extent otherwise expressly provided by this chapter, the undivided interest in the common elements allocated to any unit shall not be altered, and any purported transfer, encumbrance, or other disposition of that interest without the unit to which it appertains is void.G\n\nThe common elements shall not be subject to any action for partition until and unless the condominium is terminated.","order_by":null,"text":{"0":{"id":250121,"text":"The declaration may allocate to each unit depicted on plats and plans that comply with subsections A and B of § 55.1-1920 an undivided interest in the common elements proportionate to either the size or par value of each unit. If par value is stated in terms of dollars, that statement shall not be deemed to reflect or control the sales price or fair market value of any unit, and no opinion, appraisal, or fair market transaction at a different figure shall affect the par value of any unit or any undivided interest in the common elements, voting rights in the unit owners’ association, or liability for common expenses assigned on the basis of such par value.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":250122,"text":"If the basis for allocation provided in subsection A is not used, then the declaration shall allocate to each such unit an equal undivided interest in the common elements, subject to the following exception: Each convertible space so depicted shall be allocated an undivided interest in the common elements proportionate to the size of each such space, vis-a-vis the aggregate size of all units so depicted, while the remaining undivided interest in the common elements shall be allocated equally to the other units so depicted.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":250123,"text":"The undivided interests in the common elements allocated in accordance with subsection A or B shall add up to 1 if stated as fractions or 100 percent if stated as percentages.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":250124,"text":"If, in accordance with subsection A or B, an equal undivided interest in the common elements is allocated to each unit, the declaration may state that fact and need not express the fraction or percentage so allocated.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":250125,"text":"Unless an equal undivided interest in the common elements is allocated to each unit, the undivided interest allocated to each unit in accordance with subsection A or B shall be reflected by a table in the declaration, or by an exhibit to the declaration, containing three columns. The first column shall identify the units, listing them serially or grouping them together in the case of units to which identical undivided interests are allocated. Corresponding figures in the second and third columns shall set forth the respective areas or par values of those units and the fraction or percentage of undivided interest in the common elements allocated to such units.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":250126,"text":"Except to the extent otherwise expressly provided by this chapter, the undivided interest in the common elements allocated to any unit shall not be altered, and any purported transfer, encumbrance, or other disposition of that interest without the unit to which it appertains is void.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":250127,"text":"The common elements shall not be subject to any action for partition until and unless the condominium is terminated.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":13019,"edition_id":1,"name":"Creation, Alteration, and Termination of Condominiums","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":13018,"metadata":{},"date_created":"2026-06-26 03:44:09","date_modified":"2026-06-26 03:44:09","permalink":{"id":246655,"object_type":"structure","relational_id":13019,"identifier":"2","token":"55.1\/IV\/19\/2","url":"\/55.1\/IV\/19\/2\/","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":66133,"structure_id":13019,"section_number":"55.1-1907","catch_line":"How condominium may be created","url":"\/55.1-1907\/","token":"55.1\/IV\/19\/2\/55.1-1907","metadata":false},{"id":60125,"structure_id":13019,"section_number":"55.1-1908","catch_line":"Release of liens","url":"\/55.1-1908\/","token":"55.1\/IV\/19\/2\/55.1-1908","metadata":false},{"id":81423,"structure_id":13019,"section_number":"55.1-1909","catch_line":"Description of condominium units","url":"\/55.1-1909\/","token":"55.1\/IV\/19\/2\/55.1-1909","metadata":false},{"id":85700,"structure_id":13019,"section_number":"55.1-1910","catch_line":"Execution of condominium instruments","url":"\/55.1-1910\/","token":"55.1\/IV\/19\/2\/55.1-1910","metadata":false},{"id":67143,"structure_id":13019,"section_number":"55.1-1911","catch_line":"Recordation of condominium instruments","url":"\/55.1-1911\/","token":"55.1\/IV\/19\/2\/55.1-1911","metadata":false},{"id":70994,"structure_id":13019,"section_number":"55.1-1912","catch_line":"Construction of condominium instruments","url":"\/55.1-1912\/","token":"55.1\/IV\/19\/2\/55.1-1912","metadata":false},{"id":66094,"structure_id":13019,"section_number":"55.1-1913","catch_line":"Complementarity of condominium instruments; controlling construction","url":"\/55.1-1913\/","token":"55.1\/IV\/19\/2\/55.1-1913","metadata":false},{"id":68301,"structure_id":13019,"section_number":"55.1-1914","catch_line":"Validity of condominium instruments; discrimination prohibited","url":"\/55.1-1914\/","token":"55.1\/IV\/19\/2\/55.1-1914","metadata":false},{"id":74080,"structure_id":13019,"section_number":"55.1-1915","catch_line":"Compliance with condominium instruments","url":"\/55.1-1915\/","token":"55.1\/IV\/19\/2\/55.1-1915","metadata":false},{"id":76179,"structure_id":13019,"section_number":"55.1-1916","catch_line":"Contents of declaration","url":"\/55.1-1916\/","token":"55.1\/IV\/19\/2\/55.1-1916","metadata":false},{"id":69117,"structure_id":13019,"section_number":"55.1-1917","catch_line":"Allocation of interests in the common elements","url":"\/55.1-1917\/","token":"55.1\/IV\/19\/2\/55.1-1917","metadata":false},{"id":74121,"structure_id":13019,"section_number":"55.1-1918","catch_line":"Reallocation of interests in common elements","url":"\/55.1-1918\/","token":"55.1\/IV\/19\/2\/55.1-1918","metadata":false},{"id":71147,"structure_id":13019,"section_number":"55.1-1919","catch_line":"Assignments of limited common elements; conversion to common element","url":"\/55.1-1919\/","token":"55.1\/IV\/19\/2\/55.1-1919","metadata":false},{"id":74270,"structure_id":13019,"section_number":"55.1-1920","catch_line":"Contents of plats and plans","url":"\/55.1-1920\/","token":"55.1\/IV\/19\/2\/55.1-1920","metadata":false},{"id":62387,"structure_id":13019,"section_number":"55.1-1921","catch_line":"Bond to insure completion of improvements","url":"\/55.1-1921\/","token":"55.1\/IV\/19\/2\/55.1-1921","metadata":false},{"id":70504,"structure_id":13019,"section_number":"55.1-1922","catch_line":"Preliminary recordation of plats and plans","url":"\/55.1-1922\/","token":"55.1\/IV\/19\/2\/55.1-1922","metadata":false},{"id":77354,"structure_id":13019,"section_number":"55.1-1923","catch_line":"Easement for encroachments","url":"\/55.1-1923\/","token":"55.1\/IV\/19\/2\/55.1-1923","metadata":false},{"id":55789,"structure_id":13019,"section_number":"55.1-1924","catch_line":"Conversion of convertible lands","url":"\/55.1-1924\/","token":"55.1\/IV\/19\/2\/55.1-1924","metadata":false},{"id":69213,"structure_id":13019,"section_number":"55.1-1925","catch_line":"Conversion of convertible spaces","url":"\/55.1-1925\/","token":"55.1\/IV\/19\/2\/55.1-1925","metadata":false},{"id":73518,"structure_id":13019,"section_number":"55.1-1926","catch_line":"Expansion of condominium","url":"\/55.1-1926\/","token":"55.1\/IV\/19\/2\/55.1-1926","metadata":false},{"id":86008,"structure_id":13019,"section_number":"55.1-1927","catch_line":"Contraction of condominium","url":"\/55.1-1927\/","token":"55.1\/IV\/19\/2\/55.1-1927","metadata":false},{"id":78900,"structure_id":13019,"section_number":"55.1-1928","catch_line":"Easement to facilitate conversion and expansion","url":"\/55.1-1928\/","token":"55.1\/IV\/19\/2\/55.1-1928","metadata":false},{"id":84085,"structure_id":13019,"section_number":"55.1-1929","catch_line":"Easement to facilitate sales","url":"\/55.1-1929\/","token":"55.1\/IV\/19\/2\/55.1-1929","metadata":false},{"id":54088,"structure_id":13019,"section_number":"55.1-1930","catch_line":"Declarant's obligation to complete and restore","url":"\/55.1-1930\/","token":"55.1\/IV\/19\/2\/55.1-1930","metadata":false},{"id":82258,"structure_id":13019,"section_number":"55.1-1931","catch_line":"Alterations within units","url":"\/55.1-1931\/","token":"55.1\/IV\/19\/2\/55.1-1931","metadata":false},{"id":54696,"structure_id":13019,"section_number":"55.1-1932","catch_line":"Relocation of boundaries between units","url":"\/55.1-1932\/","token":"55.1\/IV\/19\/2\/55.1-1932","metadata":false},{"id":83554,"structure_id":13019,"section_number":"55.1-1933","catch_line":"Subdivision of units","url":"\/55.1-1933\/","token":"55.1\/IV\/19\/2\/55.1-1933","metadata":false},{"id":86631,"structure_id":13019,"section_number":"55.1-1934","catch_line":"Amendment of condominium instruments","url":"\/55.1-1934\/","token":"55.1\/IV\/19\/2\/55.1-1934","metadata":false},{"id":74600,"structure_id":13019,"section_number":"55.1-1935","catch_line":"Use of technology","url":"\/55.1-1935\/","token":"55.1\/IV\/19\/2\/55.1-1935","metadata":false},{"id":64443,"structure_id":13019,"section_number":"55.1-1936","catch_line":"Merger or consolidation of condominiums; procedure","url":"\/55.1-1936\/","token":"55.1\/IV\/19\/2\/55.1-1936","metadata":false},{"id":81982,"structure_id":13019,"section_number":"55.1-1937","catch_line":"Termination of condominium","url":"\/55.1-1937\/","token":"55.1\/IV\/19\/2\/55.1-1937","metadata":false},{"id":82991,"structure_id":13019,"section_number":"55.1-1938","catch_line":"Rights of mortgagees","url":"\/55.1-1938\/","token":"55.1\/IV\/19\/2\/55.1-1938","metadata":false},{"id":76819,"structure_id":13019,"section_number":"55.1-1939","catch_line":"Statement of unit owner rights","url":"\/55.1-1939\/","token":"55.1\/IV\/19\/2\/55.1-1939","metadata":false}],"previous_section":{"id":76179,"structure_id":13019,"section_number":"55.1-1916","catch_line":"Contents of declaration","url":"\/55.1-1916\/","token":"55.1\/IV\/19\/2\/55.1-1916","metadata":false},"next_section":{"id":74121,"structure_id":13019,"section_number":"55.1-1918","catch_line":"Reallocation of interests in common elements","url":"\/55.1-1918\/","token":"55.1\/IV\/19\/2\/55.1-1918","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-1917\/","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 1 time. 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. That modification is as follows: in 2019, chapter 712<\/a>.<\/p>","references":[{"id":55215,"section_number":"55.1-1900","catch_line":"Definitions","order_by":null,"url":"\/55.1-1900\/"}],"refers_to":[{"id":74270,"section_number":"55.1-1920","catch_line":"Contents of plats and plans","order_by":null,"url":"\/55.1-1920\/"}],"permalink":{"id":246697,"object_type":"law","relational_id":69117,"identifier":"55.1-1917","token":"55.1\/IV\/19\/2\/55.1-1917","url":"\/55.1-1917\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-1917\/","token":"55.1\/IV\/19\/2\/55.1-1917","dublin_core":{"Title":"Allocation of interests in the common elements","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-1917","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The declaration may allocate to each unit depicted on plats and plans that comply with subsections A and B of § 55.1-1920<\/a> an undivided interest in the common elements<\/span> proportionate to either the size<\/span> or par value<\/span> of each unit. If par value<\/span> is stated in terms of dollars, that statement shall not be deemed to reflect or control the sales price or fair market value of any unit, and no opinion<\/span>, appraisal, or fair market transaction at a different figure shall affect the par value<\/span> of any unit or any undivided interest in the common elements<\/span>, voting rights in the unit owners<\/span>’ association, or liability for common expenses<\/span> assigned on the basis of such par value<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If the basis for allocation provided in subsection A is not used, then the declaration shall allocate to each such unit an equal undivided interest in the common elements<\/span>, subject to the following exception: Each convertible space<\/span> so depicted shall be allocated an undivided interest in the common elements<\/span> proportionate to the size<\/span> of each such space, vis-a-vis the aggregate size<\/span> of all units<\/span> so depicted, while the remaining undivided interest in the common elements<\/span> shall be allocated equally to the other units<\/span> so depicted. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The undivided interests in the common elements<\/span> allocated in accordance with subsection A or B shall add up to 1 if stated as fractions or 100 percent if stated as percentages. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If, in accordance with subsection A or B, an equal undivided interest in the common elements<\/span> is allocated to each unit, the declaration may state that fact<\/span> and need not express the fraction or percentage so allocated. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Unless an equal undivided interest in the common elements<\/span> is allocated to each unit, the undivided interest allocated to each unit in accordance with subsection A or B shall be reflected by a table in the declaration, or by an exhibit to the declaration, containing three columns. The first column shall identify the units<\/span>, listing them serially or grouping them together in the case of units<\/span> to which identical undivided interests are allocated. Corresponding figures in the second and third columns shall set forth the respective areas or par values<\/span> of those units<\/span> and the fraction or percentage of undivided interest in the common elements<\/span> allocated to such units<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Except to the extent otherwise expressly provided by this chapter, the undivided interest in the common elements<\/span> allocated to any unit shall not be altered, and any purported transfer, encumbrance, or other disposition<\/span> of that interest without the unit to which it appertains is void. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The common elements<\/span> shall not be subject to any action for partition<\/span> until and unless the condominium<\/span> is terminated. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nALLOCATION OF INTERESTS IN THE COMMON ELEMENTS (\u00a7 55.1-1917)\n\nA. The declaration may allocate to each unit depicted on plats and plans that\ncomply with subsections A and B of § 55.1-1920 an undivided interest in the\ncommon elements proportionate to either the size or par value of each unit. If\npar value is stated in terms of dollars, that statement shall not be deemed to\nreflect or control the sales price or fair market value of any unit, and no\nopinion, appraisal, or fair market transaction at a different figure shall\naffect the par value of any unit or any undivided interest in the common\nelements, voting rights in the unit owners’ association, or liability for\ncommon expenses assigned on the basis of such par value.\n\nB. If the basis for allocation provided in subsection A is not used, then the\ndeclaration shall allocate to each such unit an equal undivided interest in the\ncommon elements, subject to the following exception: Each convertible space so\ndepicted shall be allocated an undivided interest in the common elements\nproportionate to the size of each such space, vis-a-vis the aggregate size of\nall units so depicted, while the remaining undivided interest in the common\nelements shall be allocated equally to the other units so depicted.\n\nC. The undivided interests in the common elements allocated in accordance with\nsubsection A or B shall add up to 1 if stated as fractions or 100 percent if\nstated as percentages.\n\nD. If, in accordance with subsection A or B, an equal undivided interest in the\ncommon elements is allocated to each unit, the declaration may state that fact\nand need not express the fraction or percentage so allocated.\n\nE. Unless an equal undivided interest in the common elements is allocated to\neach unit, the undivided interest allocated to each unit in accordance with\nsubsection A or B shall be reflected by a table in the declaration, or by an\nexhibit to the declaration, containing three columns. The first column shall\nidentify the units, listing them serially or grouping them together in the case\nof units to which identical undivided interests are allocated. Corresponding\nfigures in the second and third columns shall set forth the respective areas or\npar values of those units and the fraction or percentage of undivided interest\nin the common elements allocated to such units.\n\nF. Except to the extent otherwise expressly provided by this chapter, the\nundivided interest in the common elements allocated to any unit shall not be\naltered, and any purported transfer, encumbrance, or other disposition of that\ninterest without the unit to which it appertains is void.\n\nG. The common elements shall not be subject to any action for partition until\nand unless the condominium is terminated.\n\nHISTORY: 1974, c. 416, \u00a7 55-79.55; 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}}