{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-1919.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-1919.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-1919.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-1919.html"}],"law_id":71147,"edition_id":1,"section_id":71147,"structure_id":13019,"section_number":"55.1-1919","catch_line":"Assignments of limited common elements; conversion to common element","history":"1974, c. 416, \u00a7 55-79.57; 1983, c. 230; 1991, c. 497; 1998, c. 32; 2019, c. 712; 2020, c. 592.","full_text":"A\n\nAll assignments and reassignments of limited common elements shall be reflected by the condominium instruments. No limited common element shall be assigned or reassigned except in accordance with the provisions of this chapter. No amendment to any condominium instrument shall alter any rights or obligations with respect to any limited common elements without the consent of all unit owners adversely affected by such amendment as evidenced by their execution of such amendment, except to the extent that the condominium instruments expressly provided otherwise prior to the first assignment of that limited common element.B\n\nUnless expressly prohibited by the condominium instruments, a limited common element may be reassigned or converted to a common element upon written application of the unit owners concerned to the principal officer of the unit owners’ association, or to such other officer as the condominium instruments may specify. The officer to whom such application is duly made shall forthwith prepare and execute an amendment to the declaration reassigning all rights and obligations with respect to the limited common element involved. Such amendment shall be executed by the unit owners concerned and recorded by an officer of the unit owners’ association or his agent following payment by the unit owners of the units concerned of all reasonable costs for the preparation, acknowledgment, and recordation of such amendment. The amendment is effective when recorded.C\n\nA common element not previously assigned as a limited common element shall be so assigned only pursuant to subdivision A 6 of § 55.1-1916. The amendment to the declaration making such an assignment shall be prepared and executed by the declarant, the principal officer of the unit owners’ association, or by such other officer as the condominium instruments may specify. Such amendment shall be recorded by the declarant or his agent, without charge to any unit owner, or by an officer of the unit owners’ association or his agent following payment by the unit owners of the units concerned of all reasonable costs for the preparation, acknowledgment, and recordation of such amendment. The amendment is effective when recorded, and the recordation of such amendment shall be conclusive evidence that the method prescribed pursuant to subdivision A 6 of § 55.1-1916 was adhered to. A copy of the amendment shall be delivered to the unit owners of the units concerned. If executed by the declarant, such an amendment recorded prior to July 1, 1983, shall not be invalid because it was not prepared by an officer of the unit owners’ association.D\n\nIf the declarant does not prepare and record an amendment to the declaration to effect the assignment of common elements as limited common elements in accordance with rights reserved in the condominium instruments, but has reflected an intention to make such assignments in deeds conveying units, then the principal officer of the unit owners’ association may prepare, execute, and record such an amendment at any time after the declarant ceases to be a unit owner.E\n\nThe declarant may unilaterally record an amendment to the declaration converting a limited common element appurtenant to a unit owned by the declarant into a common element as long as the declarant continues to own the unit.","order_by":null,"text":{"0":{"id":256495,"text":"All assignments and reassignments of limited common elements shall be reflected by the condominium instruments. No limited common element shall be assigned or reassigned except in accordance with the provisions of this chapter. No amendment to any condominium instrument shall alter any rights or obligations with respect to any limited common elements without the consent of all unit owners adversely affected by such amendment as evidenced by their execution of such amendment, except to the extent that the condominium instruments expressly provided otherwise prior to the first assignment of that limited common element.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":256496,"text":"Unless expressly prohibited by the condominium instruments, a limited common element may be reassigned or converted to a common element upon written application of the unit owners concerned to the principal officer of the unit owners’ association, or to such other officer as the condominium instruments may specify. The officer to whom such application is duly made shall forthwith prepare and execute an amendment to the declaration reassigning all rights and obligations with respect to the limited common element involved. Such amendment shall be executed by the unit owners concerned and recorded by an officer of the unit owners’ association or his agent following payment by the unit owners of the units concerned of all reasonable costs for the preparation, acknowledgment, and recordation of such amendment. The amendment is effective when recorded.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":256497,"text":"A common element not previously assigned as a limited common element shall be so assigned only pursuant to subdivision A 6 of § 55.1-1916. The amendment to the declaration making such an assignment shall be prepared and executed by the declarant, the principal officer of the unit owners’ association, or by such other officer as the condominium instruments may specify. Such amendment shall be recorded by the declarant or his agent, without charge to any unit owner, or by an officer of the unit owners’ association or his agent following payment by the unit owners of the units concerned of all reasonable costs for the preparation, acknowledgment, and recordation of such amendment. The amendment is effective when recorded, and the recordation of such amendment shall be conclusive evidence that the method prescribed pursuant to subdivision A 6 of § 55.1-1916 was adhered to. A copy of the amendment shall be delivered to the unit owners of the units concerned. If executed by the declarant, such an amendment recorded prior to July 1, 1983, shall not be invalid because it was not prepared by an officer of the unit owners’ association.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":256498,"text":"If the declarant does not prepare and record an amendment to the declaration to effect the assignment of common elements as limited common elements in accordance with rights reserved in the condominium instruments, but has reflected an intention to make such assignments in deeds conveying units, then the principal officer of the unit owners’ association may prepare, execute, and record such an amendment at any time after the declarant ceases to be a unit owner.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":256499,"text":"The declarant may unilaterally record an amendment to the declaration converting a limited common element appurtenant to a unit owned by the declarant into a common element as long as the declarant continues to own the unit.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-1919\/","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 5 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 1983, chapter 230; in 1991, chapter 497; in 1998, chapter 32<\/a>; in 2019, chapter 712<\/a>; in 2020, chapter 592<\/a>.<\/p>","references":[{"id":76179,"section_number":"55.1-1916","catch_line":"Contents of declaration","order_by":null,"url":"\/55.1-1916\/"}],"refers_to":[{"id":76179,"section_number":"55.1-1916","catch_line":"Contents of declaration","order_by":null,"url":"\/55.1-1916\/"}],"permalink":{"id":246705,"object_type":"law","relational_id":71147,"identifier":"55.1-1919","token":"55.1\/IV\/19\/2\/55.1-1919","url":"\/55.1-1919\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-1919\/","token":"55.1\/IV\/19\/2\/55.1-1919","dublin_core":{"Title":"Assignments of limited common elements; conversion to common element","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-1919","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> All assignments and reassignments of limited common elements<\/span> shall be reflected by the condominium<\/span> instruments. No limited common element<\/span> shall be assigned or reassigned except in accordance with the provisions of this chapter. No amendment to any condominium<\/span> instrument shall alter any rights or obligations with respect to any limited common elements<\/span> without the consent of all unit owners<\/span> adversely affected by such amendment as evidenced by their execution of such amendment, except to the extent that the condominium<\/span> instruments expressly provided otherwise prior to the first assignment of that limited common element<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Unless expressly prohibited by the condominium<\/span> instruments, a limited common element<\/span> may be reassigned or converted to a common element upon written application of the unit owners<\/span> concerned to the principal officer<\/span> of the unit owners<\/span>’ association, or to such other officer<\/span> as the condominium<\/span> instruments may specify. The officer<\/span> to whom such application is duly made shall forthwith prepare and execute an amendment to the declaration reassigning all rights and obligations with respect to the limited common element<\/span> involved. Such amendment shall be executed by the unit owners<\/span> concerned and recorded by an officer<\/span> of the unit owners<\/span>’ association or his agent following payment by the unit owners<\/span> of the units<\/span> concerned of all reasonable costs for the preparation, acknowledgment, and recordation of such amendment. The amendment is effective when recorded. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A common element not previously assigned as a limited common element<\/span> shall be so assigned only pursuant to subdivision A 6 of § 55.1-1916<\/a>. The amendment to the declaration making such an assignment shall be prepared and executed by the declarant<\/span>, the principal officer<\/span> of the unit owners<\/span>’ association, or by such other officer<\/span> as the condominium<\/span> instruments may specify. Such amendment shall be recorded by the declarant<\/span> or his agent, without charge to any unit owner<\/span>, or by an officer<\/span> of the unit owners<\/span>’ association or his agent following payment by the unit owners<\/span> of the units<\/span> concerned of all reasonable costs for the preparation, acknowledgment, and recordation of such amendment. The amendment is effective when recorded, and the recordation of such amendment shall be conclusive evidence<\/span> that the method prescribed pursuant to subdivision A 6 of § 55.1-1916<\/a> was adhered to. A copy of the amendment shall be delivered to the unit owners<\/span> of the units<\/span> concerned. If executed by the declarant<\/span>, such an amendment recorded prior to July 1, 1983, shall not be invalid because it was not prepared by an officer<\/span> of the unit owners<\/span>’ association. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If the declarant<\/span> does not prepare and record an amendment to the declaration to effect the assignment of common elements as limited common elements<\/span> in accordance with rights reserved in the condominium<\/span> instruments, but has reflected an intention to make such assignments in deeds conveying units<\/span>, then the principal officer<\/span> of the unit owners<\/span>’ association may prepare, execute, and record such an amendment at any time after the declarant<\/span> ceases to be a unit owner<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The declarant<\/span> may unilaterally record an amendment to the declaration converting a limited common element<\/span> appurtenant to a unit owned by the declarant<\/span> into a common element as long as the declarant<\/span> continues to own the unit. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nASSIGNMENTS OF LIMITED COMMON ELEMENTS; CONVERSION TO COMMON ELEMENT (\u00a7\n55.1-1919)\n\nA. All assignments and reassignments of limited common elements shall be\nreflected by the condominium instruments. No limited common element shall be\nassigned or reassigned except in accordance with the provisions of this chapter.\nNo amendment to any condominium instrument shall alter any rights or obligations\nwith respect to any limited common elements without the consent of all unit\nowners adversely affected by such amendment as evidenced by their execution of\nsuch amendment, except to the extent that the condominium instruments expressly\nprovided otherwise prior to the first assignment of that limited common element.\n\nB. Unless expressly prohibited by the condominium instruments, a limited common\nelement may be reassigned or converted to a common element upon written\napplication of the unit owners concerned to the principal officer of the unit\nowners’ association, or to such other officer as the condominium\ninstruments may specify. The officer to whom such application is duly made shall\nforthwith prepare and execute an amendment to the declaration reassigning all\nrights and obligations with respect to the limited common element involved. Such\namendment shall be executed by the unit owners concerned and recorded by an\nofficer of the unit owners’ association or his agent following payment by\nthe unit owners of the units concerned of all reasonable costs for the\npreparation, acknowledgment, and recordation of such amendment. The amendment is\neffective when recorded.\n\nC. A common element not previously assigned as a limited common element shall be\nso assigned only pursuant to subdivision A 6 of § 55.1-1916. The amendment\nto the declaration making such an assignment shall be prepared and executed by\nthe declarant, the principal officer of the unit owners’ association, or\nby such other officer as the condominium instruments may specify. Such amendment\nshall be recorded by the declarant or his agent, without charge to any unit\nowner, or by an officer of the unit owners’ association or his agent\nfollowing payment by the unit owners of the units concerned of all reasonable\ncosts for the preparation, acknowledgment, and recordation of such amendment.\nThe amendment is effective when recorded, and the recordation of such amendment\nshall be conclusive evidence that the method prescribed pursuant to subdivision\nA 6 of § 55.1-1916 was adhered to. A copy of the amendment shall be\ndelivered to the unit owners of the units concerned. If executed by the\ndeclarant, such an amendment recorded prior to July 1, 1983, shall not be\ninvalid because it was not prepared by an officer of the unit owners’\nassociation.\n\nD. If the declarant does not prepare and record an amendment to the declaration\nto effect the assignment of common elements as limited common elements in\naccordance with rights reserved in the condominium instruments, but has\nreflected an intention to make such assignments in deeds conveying units, then\nthe principal officer of the unit owners’ association may prepare,\nexecute, and record such an amendment at any time after the declarant ceases to\nbe a unit owner.\n\nE. The declarant may unilaterally record an amendment to the declaration\nconverting a limited common element appurtenant to a unit owned by the declarant\ninto a common element as long as the declarant continues to own the unit.\n\nHISTORY: 1974, c. 416, \u00a7 55-79.57; 1983, c. 230; 1991, c. 497; 1998, c. 32;\n2019, c. 712; 2020, c. 592.","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}}