{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-1936.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-1936.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-1936.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-1936.html"}],"law_id":64443,"edition_id":1,"section_id":64443,"structure_id":13019,"section_number":"55.1-1936","catch_line":"Merger or consolidation of condominiums; procedure","history":"2014, c. 659, \u00a7 55-79.71:2; 2019, c. 712.","full_text":"A\n\nAny two or more condominiums, by agreement of the unit owners as provided in subsection B, may be merged or consolidated into a single condominium. In the event of a merger or consolidation, unless the agreement otherwise provides, the resultant condominium shall be the legal successor, for all purposes, of all of the preexisting condominiums, and the operations and activities of all unit owners’ associations of the preexisting condominiums shall be merged or consolidated into a single unit owners’ association that holds all powers, rights, obligations, assets, and liabilities of all preexisting unit owners’ associations.B\n\nAn agreement to merge or consolidate two or more condominiums pursuant to subsection A shall be evidenced by an agreement prepared, executed, recorded, and certified by the principal officer of the unit owners’ association of each of the preexisting condominiums following approval by owners of units to which are allocated the percentage of votes in each condominium required to terminate that condominium. The agreement shall be recorded in every locality in which a portion of the condominium is located and shall not be effective until recorded.C\n\nEvery merger or consolidation agreement shall provide for the reallocation of the allocated interests in the new unit owners’ association among the units of the resultant condominium either (i) by stating the reallocations or the formulas upon which they are based or (ii) by stating the percentage of the overall allocated interests of the condominium that are allocated to all of the units comprising each of the preexisting condominiums, provided that the portion of the percentages allocated to each unit formerly comprising a part of the preexisting condominium shall be equal to the percentages of allocated interests allocated to that unit by the declaration of the preexisting condominium.D\n\nIf the condominium instruments of a condominium to be merged or consolidated require a vote or consent of mortgagees in order to amend the condominium instruments or terminate the condominium, the same vote or consent of mortgagees shall be required before such merger or consolidation is effective. No merger or consolidation shall affect mortgagee rights, alter the priority of the lien of any mortgage, materially impair or affect any condominium unit as collateral for a mortgage, or affect a mortgagee’s right to foreclose on a condominium unit as collateral without the prior written consent of the mortgagee. A vote or consent of a mortgagee required by this section may be deemed received pursuant to § 55.1-1941.","order_by":null,"text":{"0":{"id":234519,"text":"Any two or more condominiums, by agreement of the unit owners as provided in subsection B, may be merged or consolidated into a single condominium. In the event of a merger or consolidation, unless the agreement otherwise provides, the resultant condominium shall be the legal successor, for all purposes, of all of the preexisting condominiums, and the operations and activities of all unit owners’ associations of the preexisting condominiums shall be merged or consolidated into a single unit owners’ association that holds all powers, rights, obligations, assets, and liabilities of all preexisting unit owners’ associations.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":234520,"text":"An agreement to merge or consolidate two or more condominiums pursuant to subsection A shall be evidenced by an agreement prepared, executed, recorded, and certified by the principal officer of the unit owners’ association of each of the preexisting condominiums following approval by owners of units to which are allocated the percentage of votes in each condominium required to terminate that condominium. The agreement shall be recorded in every locality in which a portion of the condominium is located and shall not be effective until recorded.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":234521,"text":"Every merger or consolidation agreement shall provide for the reallocation of the allocated interests in the new unit owners’ association among the units of the resultant condominium either (i) by stating the reallocations or the formulas upon which they are based or (ii) by stating the percentage of the overall allocated interests of the condominium that are allocated to all of the units comprising each of the preexisting condominiums, provided that the portion of the percentages allocated to each unit formerly comprising a part of the preexisting condominium shall be equal to the percentages of allocated interests allocated to that unit by the declaration of the preexisting condominium.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":234522,"text":"If the condominium instruments of a condominium to be merged or consolidated require a vote or consent of mortgagees in order to amend the condominium instruments or terminate the condominium, the same vote or consent of mortgagees shall be required before such merger or consolidation is effective. No merger or consolidation shall affect mortgagee rights, alter the priority of the lien of any mortgage, materially impair or affect any condominium unit as collateral for a mortgage, or affect a mortgagee’s right to foreclose on a condominium unit as collateral without the prior written consent of the mortgagee. A vote or consent of a mortgagee required by this section may be deemed received pursuant to § 55.1-1941.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-1936\/","history_text":"

This law was first created in 2014. The record of its establishment is cataloged in chapter 659<\/a> 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. 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":false,"refers_to":[{"id":86301,"section_number":"55.1-1941","catch_line":"Amendment to condominium instruments; consent of mortgagee","order_by":null,"url":"\/55.1-1941\/"}],"permalink":{"id":246773,"object_type":"law","relational_id":64443,"identifier":"55.1-1936","token":"55.1\/IV\/19\/2\/55.1-1936","url":"\/55.1-1936\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-1936\/","token":"55.1\/IV\/19\/2\/55.1-1936","dublin_core":{"Title":"Merger or consolidation of condominiums; procedure","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-1936","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any two or more condominiums<\/span>, by agreement of the unit owners<\/span> as provided in subsection B, may be merged or consolidated into a single condominium<\/span>. In the event of a merger or consolidation<\/span>, unless the agreement otherwise provides, the resultant condominium<\/span> shall be the legal successor, for all purposes, of all of the preexisting condominiums<\/span>, and the operations and activities of all unit owners<\/span>’ associations of the preexisting condominiums<\/span> shall be merged or consolidated into a single unit owners<\/span>’ association that holds all powers, rights, obligations, assets<\/span>, and liabilities of all preexisting unit owners<\/span>’ associations. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> An agreement to merge or consolidate two or more condominiums<\/span> pursuant to subsection A shall be evidenced by an agreement prepared, executed, recorded, and certified by the principal officer<\/span> of the unit owners<\/span>’ association of each of the preexisting condominiums<\/span> following approval by owners of units<\/span> to which are allocated the percentage of votes in each condominium<\/span> required to terminate that condominium<\/span>. The agreement shall be recorded in every locality in which a portion of the condominium<\/span> is located and shall not be effective until recorded. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Every merger or consolidation<\/span> agreement shall provide for the reallocation of the allocated interests in the new unit owners<\/span>’ association among the units<\/span> of the resultant condominium<\/span> either (i) by stating the reallocations or the formulas upon which they are based or (ii) by stating the percentage of the overall allocated interests of the condominium<\/span> that are allocated to all of the units<\/span> comprising each of the preexisting condominiums<\/span>, provided that the portion of the percentages allocated to each unit formerly comprising a part of the preexisting condominium<\/span> shall be equal to the percentages of allocated interests allocated to that unit by the declaration of the preexisting condominium<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If the condominium instruments of a condominium to be merged or consolidated require a vote or consent of mortgagees in order<\/span> to amend<\/span> the condominium instruments or terminate the condominium, the same vote or consent of mortgagees shall be required before such merger or consolidation<\/span> is effective. No merger or consolidation<\/span> shall affect mortgagee rights, alter the priority of the lien<\/span> of any mortgage, materially impair or affect any condominium unit<\/span> as collateral<\/span> for a mortgage, or affect a mortgagee’s right to foreclose on a condominium unit<\/span> as collateral<\/span> without the prior written consent of the mortgagee. A vote or consent of a mortgagee required by this section may be deemed received pursuant to § 55.1-1941<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nMERGER OR CONSOLIDATION OF CONDOMINIUMS; PROCEDURE (\u00a7 55.1-1936)\n\nA. Any two or more condominiums, by agreement of the unit owners as provided in\nsubsection B, may be merged or consolidated into a single condominium. In the\nevent of a merger or consolidation, unless the agreement otherwise provides, the\nresultant condominium shall be the legal successor, for all purposes, of all of\nthe preexisting condominiums, and the operations and activities of all unit\nowners’ associations of the preexisting condominiums shall be merged or\nconsolidated into a single unit owners’ association that holds all powers,\nrights, obligations, assets, and liabilities of all preexisting unit\nowners’ associations.\n\nB. An agreement to merge or consolidate two or more condominiums pursuant to\nsubsection A shall be evidenced by an agreement prepared, executed, recorded,\nand certified by the principal officer of the unit owners’ association of\neach of the preexisting condominiums following approval by owners of units to\nwhich are allocated the percentage of votes in each condominium required to\nterminate that condominium. The agreement shall be recorded in every locality in\nwhich a portion of the condominium is located and shall not be effective until\nrecorded.\n\nC. Every merger or consolidation agreement shall provide for the reallocation of\nthe allocated interests in the new unit owners’ association among the\nunits of the resultant condominium either (i) by stating the reallocations or\nthe formulas upon which they are based or (ii) by stating the percentage of the\noverall allocated interests of the condominium that are allocated to all of the\nunits comprising each of the preexisting condominiums, provided that the portion\nof the percentages allocated to each unit formerly comprising a part of the\npreexisting condominium shall be equal to the percentages of allocated interests\nallocated to that unit by the declaration of the preexisting condominium.\n\nD. If the condominium instruments of a condominium to be merged or consolidated\nrequire a vote or consent of mortgagees in order to amend the condominium\ninstruments or terminate the condominium, the same vote or consent of mortgagees\nshall be required before such merger or consolidation is effective. No merger or\nconsolidation shall affect mortgagee rights, alter the priority of the lien of\nany mortgage, materially impair or affect any condominium unit as collateral for\na mortgage, or affect a mortgagee’s right to foreclose on a condominium\nunit as collateral without the prior written consent of the mortgagee. A vote or\nconsent of a mortgagee required by this section may be deemed received pursuant\nto § 55.1-1941.\n\nHISTORY: 2014, c. 659, \u00a7 55-79.71:2; 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}}