{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-1937.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-1937.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-1937.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-1937.html"}],"law_id":81982,"edition_id":1,"section_id":81982,"structure_id":13019,"section_number":"55.1-1937","catch_line":"Termination of condominium","history":"1993, c. 667, \u00a7 55-79.72:1; 2019, c. 712; 2020, cc. 592, 817; 2023, cc. 387, 388.","full_text":"A\n\nIf there is no unit owner other than the declarant, the declarant may unilaterally terminate the condominium. An instrument terminating a condominium signed by the declarant is effective upon recordation of such instrument. But this section shall not be construed to nullify, limit, or otherwise affect the validity or enforceability of any agreement renouncing or to renounce, in whole or in part, the right hereby conferred.B\n\nExcept in the case of a taking of all the units by eminent domain, if any of the units in the condominium is restricted exclusively to residential use and there is any unit owner other than the declarant, the condominium may be terminated only by the agreement of unit owners of units to which four-fifths of the votes in the unit owners’ association appertain, or such larger majority as the condominium instruments may specify. If none of the units in the condominium is restricted exclusively to residential use, the condominium instruments may specify a majority smaller than the minimum specified in this subsection.C\n\nAgreement of the required majority of unit owners to termination of the condominium shall be evidenced by their execution of a termination agreement, or ratifications of such agreement, and such agreement is effective when a copy of the termination agreement is recorded together with a certification, signed by the principal officer of the unit owners’ association or by such other officer as the condominium instruments may specify, that the requisite majority of the unit owners signed the termination agreement or ratifications. Unless the termination agreement otherwise provides, prior to recordation of the termination agreement, a unit owner’s prior agreement to terminate the condominium may be revoked only with the approval of unit owners of units to which a majority of the votes in the unit owners’ association appertain. Any unit owner acquiring a unit subsequent to approval of a termination agreement but prior to recordation of the termination agreement shall be deemed to have consented to the termination agreement. Upon approval of a termination agreement and until recordation of the termination agreement, a copy of the termination agreement shall be included with the resale certificate required by § 55.1-2309. The termination agreement shall specify a date after which the termination agreement is void if the termination agreement is not recorded. For the purposes of this section, an instrument terminating a condominium and any ratification of such instrument shall be deemed a condominium instrument subject to the provisions of § 55.1-1911.D\n\nA termination agreement may provide that all of the common elements and units of the condominium shall be sold or otherwise disposed of following termination. If, pursuant to the termination agreement, any property in the condominium is sold or disposed of following termination, the termination agreement shall set forth the minimum terms of the sale or disposition.E\n\nIn the case of a master condominium that contains a unit that is a part of another condominium, a termination agreement for the master condominium shall not terminate the other condominium.F\n\nOn behalf of the unit owners, the unit owners’ association may contract for the disposition of property in the condominium, but the contract shall not be binding on the unit owners until approved pursuant to subsections B and C. If the termination agreement requires that any property in the condominium be sold or otherwise disposed of following termination, title to the property, upon termination, shall vest in the unit owners’ association as trustee for the holders of all interest in the units. Thereafter, the unit owners’ association shall have powers necessary and appropriate to effect the sale or disposition. Until the termination has been concluded and the proceeds have been distributed, the unit owners’ association shall continue in existence with all the powers the unit owners’ association had before termination. Proceeds of the sale shall be distributed to unit owners and lien holders as their interests may appear, in proportion to the respective interests of the unit owners as provided in subsection I. Unless otherwise specified in the termination agreement, for as long as the unit owners’ association holds title to the property, each unit owner or his successor in interest shall have an exclusive right to occupancy of the portion of the property that formerly constituted his unit. During the period that the unit owner or his successor in interest has the right to occupancy, each unit owner or his successor in interest shall remain liable for any assessment or other obligation imposed on the unit owner by this chapter or the condominium instruments.G\n\nIf the property that constitutes the condominium is not sold or otherwise disposed of following termination, title to all the property in the condominium shall vest in the unit owners, upon termination, as tenants in common in proportion to the unit owners’ respective interests as provided in subsection I. In such an event, any liens on a unit shall shift accordingly, and a lien may be enforced only against a unit owner’s tenancy in common interest, but the lien shall not encumber the entire property formerly constituting the condominium. While the tenancy in common exists, each unit owner or his successor in interest shall have the exclusive right to occupancy of the portion of the property that formerly constituted the unit owner’s unit.H\n\nFollowing termination of the condominium, the proceeds of any sale of property, together with the assets of the unit owners’ association, shall be held by the unit owners’ association as trustee for unit owners or lien holders on the units as their interests may appear. Following termination, any creditor of the unit owners’ association who holds a lien on the unit that was recorded before termination may enforce the lien in the same manner as any lien holder. Any other creditor of the unit owners’ association shall be treated as if he had perfected a lien on the units immediately before termination.I\n\nUnless the condominium instruments as originally recorded or as amended by 100 percent of the unit owners provide otherwise, the respective interests of unit owners referred to in subsections F, G, and H shall be as follows:1\n\nExcept as provided in subdivision 3, the respective interests of the unit owners shall be as set forth in the termination agreement.2\n\nExcept as provided in subdivision 3, if the respective interests of the unit owners are based on the respective fair market values of their units, limited common elements, and common element interests immediately before the termination, the fair market values shall be determined by one or more independent appraisers selected by the unit owners’ association. The decision of the independent appraisers shall be distributed to the unit owners and become final unless disapproved within 30 days after distribution by unit owners of units to which one quarter of the votes in the unit owners’ association appertain. The proportion of any unit owner’s interest to the interest of all unit owners is determined by dividing the fair market value of that unit owner’s unit and common element interest by the total fair market values of all the units and their common element interests.3\n\nIf the method of determining the respective interests of the unit owners in the proceeds of sale or disposition is other than the fair market values, then the association shall provide each unit owner with a notice stating the result of that method for his unit and, no later than 30 days after transmission of that notice, if 10 percent of the unit owners dispute the interest to be distributed to their units, those unit owners may require the association to obtain an independent appraisal of the condominium units. If the fair market value of the units of the objecting unit owners is at least 10 percent more than the amount that the unit owners would have received using the method agreed upon by the membership, then the association shall adjust the respective interests of the unit owners so that each unit owner’s share is based on the fair market value for each unit. If the fair market value is less than 10 percent more than the amount that the objecting unit owners would have received using the agreed-upon method, then the agreed-upon method shall be implemented and the objecting unit owners shall receive the distribution less their pro rata share of the cost of their appraisal.4\n\nIf the method of determining the respective interests of the unit owners cannot be implemented because any unit or limited common element is destroyed, the interests of all unit owners are the unit owners’ respective common element interests immediately before the termination.5\n\nUnless the termination agreement provides otherwise, each unit owner shall satisfy and cause the release of any mortgage, deed of trust, lease, or other lien or encumbrance on his unit at the time required by the termination agreement.J\n\nExcept as provided in subsection K, foreclosure of any mortgage, deed of trust, or other lien, or enforcement of a mortgage, deed of trust, or other lien or encumbrance against the entire condominium, shall not alone terminate the condominium, and foreclosure or enforcement of a lien or encumbrance against a portion of the condominium, other than withdrawable land, shall not withdraw that portion from the condominium. Foreclosure or enforcement of a lien or encumbrance against withdrawable land shall not alone withdraw the land from the condominium, but the person who takes title to the withdrawable land shall have the right to require from the unit owners’ association, upon request, an amendment that excludes the land from the condominium.K\n\nIf a lien or encumbrance against a portion of the property that comprises the condominium has priority over the condominium instruments and the lien or encumbrance has not been partially released, upon foreclosure, the parties foreclosing the lien or encumbrance may record an instrument that excludes the property subject to the lien or encumbrance from the condominium.","order_by":null,"text":{"0":{"id":293764,"text":"If there is no unit owner other than the declarant, the declarant may unilaterally terminate the condominium. An instrument terminating a condominium signed by the declarant is effective upon recordation of such instrument. But this section shall not be construed to nullify, limit, or otherwise affect the validity or enforceability of any agreement renouncing or to renounce, in whole or in part, the right hereby conferred.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":293765,"text":"Except in the case of a taking of all the units by eminent domain, if any of the units in the condominium is restricted exclusively to residential use and there is any unit owner other than the declarant, the condominium may be terminated only by the agreement of unit owners of units to which four-fifths of the votes in the unit owners’ association appertain, or such larger majority as the condominium instruments may specify. If none of the units in the condominium is restricted exclusively to residential use, the condominium instruments may specify a majority smaller than the minimum specified in this subsection.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":293766,"text":"Agreement of the required majority of unit owners to termination of the condominium shall be evidenced by their execution of a termination agreement, or ratifications of such agreement, and such agreement is effective when a copy of the termination agreement is recorded together with a certification, signed by the principal officer of the unit owners’ association or by such other officer as the condominium instruments may specify, that the requisite majority of the unit owners signed the termination agreement or ratifications. Unless the termination agreement otherwise provides, prior to recordation of the termination agreement, a unit owner’s prior agreement to terminate the condominium may be revoked only with the approval of unit owners of units to which a majority of the votes in the unit owners’ association appertain. Any unit owner acquiring a unit subsequent to approval of a termination agreement but prior to recordation of the termination agreement shall be deemed to have consented to the termination agreement. Upon approval of a termination agreement and until recordation of the termination agreement, a copy of the termination agreement shall be included with the resale certificate required by § 55.1-2309. The termination agreement shall specify a date after which the termination agreement is void if the termination agreement is not recorded. For the purposes of this section, an instrument terminating a condominium and any ratification of such instrument shall be deemed a condominium instrument subject to the provisions of § 55.1-1911.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":293767,"text":"A termination agreement may provide that all of the common elements and units of the condominium shall be sold or otherwise disposed of following termination. If, pursuant to the termination agreement, any property in the condominium is sold or disposed of following termination, the termination agreement shall set forth the minimum terms of the sale or disposition.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":293768,"text":"In the case of a master condominium that contains a unit that is a part of another condominium, a termination agreement for the master condominium shall not terminate the other condominium.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":293769,"text":"On behalf of the unit owners, the unit owners’ association may contract for the disposition of property in the condominium, but the contract shall not be binding on the unit owners until approved pursuant to subsections B and C. If the termination agreement requires that any property in the condominium be sold or otherwise disposed of following termination, title to the property, upon termination, shall vest in the unit owners’ association as trustee for the holders of all interest in the units. Thereafter, the unit owners’ association shall have powers necessary and appropriate to effect the sale or disposition. Until the termination has been concluded and the proceeds have been distributed, the unit owners’ association shall continue in existence with all the powers the unit owners’ association had before termination. Proceeds of the sale shall be distributed to unit owners and lien holders as their interests may appear, in proportion to the respective interests of the unit owners as provided in subsection I. Unless otherwise specified in the termination agreement, for as long as the unit owners’ association holds title to the property, each unit owner or his successor in interest shall have an exclusive right to occupancy of the portion of the property that formerly constituted his unit. During the period that the unit owner or his successor in interest has the right to occupancy, each unit owner or his successor in interest shall remain liable for any assessment or other obligation imposed on the unit owner by this chapter or the condominium instruments.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":293770,"text":"If the property that constitutes the condominium is not sold or otherwise disposed of following termination, title to all the property in the condominium shall vest in the unit owners, upon termination, as tenants in common in proportion to the unit owners’ respective interests as provided in subsection I. In such an event, any liens on a unit shall shift accordingly, and a lien may be enforced only against a unit owner’s tenancy in common interest, but the lien shall not encumber the entire property formerly constituting the condominium. While the tenancy in common exists, each unit owner or his successor in interest shall have the exclusive right to occupancy of the portion of the property that formerly constituted the unit owner’s unit.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":293771,"text":"Following termination of the condominium, the proceeds of any sale of property, together with the assets of the unit owners’ association, shall be held by the unit owners’ association as trustee for unit owners or lien holders on the units as their interests may appear. Following termination, any creditor of the unit owners’ association who holds a lien on the unit that was recorded before termination may enforce the lien in the same manner as any lien holder. Any other creditor of the unit owners’ association shall be treated as if he had perfected a lien on the units immediately before termination.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":293772,"text":"Unless the condominium instruments as originally recorded or as amended by 100 percent of the unit owners provide otherwise, the respective interests of unit owners referred to in subsections F, G, and H shall be as follows:","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"I1"},"9":{"id":293773,"text":"Except as provided in subdivision 3, the respective interests of the unit owners shall be as set forth in the termination agreement.","type":"section","prefixes":["I","1"],"prefix":"1","entire_prefix":"I1","prefix_anchor":"I1","level":2,"prior_prefix":"I","next_prefix":"I2"},"10":{"id":293774,"text":"Except as provided in subdivision 3, if the respective interests of the unit owners are based on the respective fair market values of their units, limited common elements, and common element interests immediately before the termination, the fair market values shall be determined by one or more independent appraisers selected by the unit owners’ association. The decision of the independent appraisers shall be distributed to the unit owners and become final unless disapproved within 30 days after distribution by unit owners of units to which one quarter of the votes in the unit owners’ association appertain. The proportion of any unit owner’s interest to the interest of all unit owners is determined by dividing the fair market value of that unit owner’s unit and common element interest by the total fair market values of all the units and their common element interests.","type":"section","prefixes":["I","2"],"prefix":"2","entire_prefix":"I2","prefix_anchor":"I2","level":2,"prior_prefix":"I1","next_prefix":"I3"},"11":{"id":293775,"text":"If the method of determining the respective interests of the unit owners in the proceeds of sale or disposition is other than the fair market values, then the association shall provide each unit owner with a notice stating the result of that method for his unit and, no later than 30 days after transmission of that notice, if 10 percent of the unit owners dispute the interest to be distributed to their units, those unit owners may require the association to obtain an independent appraisal of the condominium units. If the fair market value of the units of the objecting unit owners is at least 10 percent more than the amount that the unit owners would have received using the method agreed upon by the membership, then the association shall adjust the respective interests of the unit owners so that each unit owner’s share is based on the fair market value for each unit. If the fair market value is less than 10 percent more than the amount that the objecting unit owners would have received using the agreed-upon method, then the agreed-upon method shall be implemented and the objecting unit owners shall receive the distribution less their pro rata share of the cost of their appraisal.","type":"section","prefixes":["I","3"],"prefix":"3","entire_prefix":"I3","prefix_anchor":"I3","level":2,"prior_prefix":"I2","next_prefix":"I4"},"12":{"id":293776,"text":"If the method of determining the respective interests of the unit owners cannot be implemented because any unit or limited common element is destroyed, the interests of all unit owners are the unit owners’ respective common element interests immediately before the termination.","type":"section","prefixes":["I","4"],"prefix":"4","entire_prefix":"I4","prefix_anchor":"I4","level":2,"prior_prefix":"I3","next_prefix":"I5"},"13":{"id":293777,"text":"Unless the termination agreement provides otherwise, each unit owner shall satisfy and cause the release of any mortgage, deed of trust, lease, or other lien or encumbrance on his unit at the time required by the termination agreement.","type":"section","prefixes":["I","5"],"prefix":"5","entire_prefix":"I5","prefix_anchor":"I5","level":2,"prior_prefix":"I4","next_prefix":"J"},"14":{"id":293778,"text":"Except as provided in subsection K, foreclosure of any mortgage, deed of trust, or other lien, or enforcement of a mortgage, deed of trust, or other lien or encumbrance against the entire condominium, shall not alone terminate the condominium, and foreclosure or enforcement of a lien or encumbrance against a portion of the condominium, other than withdrawable land, shall not withdraw that portion from the condominium. Foreclosure or enforcement of a lien or encumbrance against withdrawable land shall not alone withdraw the land from the condominium, but the person who takes title to the withdrawable land shall have the right to require from the unit owners’ association, upon request, an amendment that excludes the land from the condominium.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I5","next_prefix":"K"},"15":{"id":293779,"text":"If a lien or encumbrance against a portion of the property that comprises the condominium has priority over the condominium instruments and the lien or encumbrance has not been partially released, upon foreclosure, the parties foreclosing the lien or encumbrance may record an instrument that excludes the property subject to the lien or encumbrance from the condominium.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-1937\/","history_text":"

This law was first created in 1993. The record of its establishment is cataloged in chapter 667 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 1993 \u201cActs\u201d aren\u2019t available online. It has been modified 3 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 2019, chapter 712<\/a>; in 2020, chapters 592<\/a> and 817<\/a>; in 2023, chapters 387<\/a> and 388<\/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":70933,"section_number":"55.1-2309","catch_line":"Resale certificate; delivery","order_by":null,"url":"\/55.1-2309\/"}],"permalink":{"id":246777,"object_type":"law","relational_id":81982,"identifier":"55.1-1937","token":"55.1\/IV\/19\/2\/55.1-1937","url":"\/55.1-1937\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-1937\/","token":"55.1\/IV\/19\/2\/55.1-1937","dublin_core":{"Title":"Termination of condominium","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-1937","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If there is no unit owner<\/span> other than the declarant<\/span>, the declarant<\/span> may unilaterally terminate the condominium<\/span>. An instrument terminating a condominium<\/span> signed by the declarant<\/span> is effective upon recordation of such instrument. But this section shall not be construed to nullify, limit, or otherwise affect the validity or enforceability of any agreement renouncing or to renounce, in whole or in part, the right hereby conferred. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Except in the case of a taking of all the units<\/span> by eminent domain, if any of the units<\/span> in the condominium<\/span> is restricted exclusively to residential use and there is any unit owner<\/span> other than the declarant<\/span>, the condominium<\/span> may be terminated only by the agreement of unit owners<\/span> of units<\/span> to which four-fifths of the votes in the unit owners<\/span>’ association appertain, or such larger majority as the condominium<\/span> instruments may specify. If none of the units<\/span> in the condominium<\/span> is restricted exclusively to residential use, the condominium<\/span> instruments may specify a majority smaller than the minimum specified in this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Agreement of the required majority of unit owners<\/span> to termination of the condominium<\/span> shall be evidenced by their execution of a termination agreement, or ratifications of such agreement, and such agreement is effective when a copy of the termination agreement is recorded together with a certification, signed by the principal officer<\/span> of the unit owners<\/span>’ association or by such other officer<\/span> as the condominium<\/span> instruments may specify, that the requisite majority of the unit owners<\/span> signed the termination agreement or ratifications. Unless the termination agreement otherwise provides, prior to recordation of the termination agreement, a unit owner<\/span>’s prior agreement to terminate the condominium<\/span> may be revoked only with the approval of unit owners<\/span> of units<\/span> to which a majority of the votes in the unit owners<\/span>’ association appertain. Any unit owner<\/span> acquiring a unit subsequent to approval of a termination agreement but prior to recordation of the termination agreement shall be deemed to have consented to the termination agreement. Upon approval of a termination agreement and until recordation of the termination agreement, a copy of the termination agreement shall be included with the resale certificate required by § 55.1-2309<\/a>. The termination agreement shall specify a date after which the termination agreement is void if the termination agreement is not recorded. For the purposes of this section, an instrument terminating a condominium<\/span> and any ratification of such instrument shall be deemed a condominium<\/span> instrument subject to the provisions of § 55.1-1911<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A termination agreement may provide that all of the common elements<\/span> and units<\/span> of the condominium<\/span> shall be sold or otherwise disposed of following termination. If, pursuant to the termination agreement, any property in the condominium<\/span> is sold or disposed of following termination, the termination agreement shall set forth the minimum terms of the sale or disposition<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> In the case of a master condominium<\/span> that contains a unit that is a part of another condominium<\/span>, a termination agreement for the master condominium<\/span> shall not terminate the other condominium<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> On behalf of the unit owners<\/span>, the unit owners<\/span>’ association may contract<\/span> for the disposition<\/span> of property in the condominium<\/span>, but the contract<\/span> shall not be binding on the unit owners<\/span> until approved pursuant to subsections B and C. If the termination agreement requires that any property in the condominium<\/span> be sold or otherwise disposed of following termination, title to the property, upon termination, shall vest in the unit owners<\/span>’ association as trustee for the holders of all interest in the units<\/span>. Thereafter, the unit owners<\/span>’ association shall have powers necessary and appropriate to effect the sale or disposition<\/span>. Until the termination has been concluded and the proceeds have been distributed, the unit owners<\/span>’ association shall continue in existence with all the powers the unit owners<\/span>’ association had before termination. Proceeds of the sale shall be distributed to unit owners<\/span> and lien<\/span> holders as their interests may appear, in proportion to the respective interests of the unit owners<\/span> as provided in subsection I. Unless otherwise specified in the termination agreement, for as long as the unit owners<\/span>’ association holds title to the property, each unit owner<\/span> or his successor in interest shall have an exclusive right to occupancy of the portion of the property that formerly constituted his unit. During the period that the unit owner<\/span> or his successor in interest has the right to occupancy, each unit owner<\/span> or his successor in interest shall remain liable for any assessment or other obligation imposed on the unit owner<\/span> by this chapter or the condominium<\/span> instruments. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> If the property that constitutes the condominium<\/span> is not sold or otherwise disposed of following termination, title to all the property in the condominium<\/span> shall vest in the unit owners<\/span>, upon termination, as tenants in common in proportion to the unit owners<\/span>’ respective interests as provided in subsection I. In such an event, any liens<\/span> on a unit shall shift accordingly, and a lien<\/span> may be enforced only against a unit owner<\/span>’s tenancy in common interest, but the lien<\/span> shall not encumber the entire property formerly constituting the condominium<\/span>. While the tenancy in common exists, each unit owner<\/span> or his successor in interest shall have the exclusive right to occupancy of the portion of the property that formerly constituted the unit owner<\/span>’s unit. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Following termination of the condominium<\/span>, the proceeds of any sale of property, together with the assets<\/span> of the unit owners<\/span>’ association, shall be held by the unit owners<\/span>’ association as trustee for unit owners<\/span> or lien<\/span> holders on the units<\/span> as their interests may appear. Following termination, any creditor<\/span> of the unit owners<\/span>’ association who holds a lien<\/span> on the unit that was recorded before termination may enforce the lien<\/span> in the same manner as any lien<\/span> holder. Any other creditor<\/span> of the unit owners<\/span>’ association shall be treated as if he had perfected a lien<\/span> on the units<\/span> immediately before termination. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Unless the condominium<\/span> instruments as originally recorded or as amended by 100 percent of the unit owners<\/span> provide otherwise, the respective interests of unit owners<\/span> referred to in subsections F, G, and H shall be as follows: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Except as provided in subdivision 3, the respective interests of the unit owners<\/span> shall be as set forth in the termination agreement. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Except as provided in subdivision 3, if the respective interests of the unit owners<\/span> are based on the respective fair market values of their units<\/span>, limited common elements<\/span>, and common element interests immediately before the termination, the fair market values shall be determined by one or more independent appraisers selected by the unit owners<\/span>’ association. The decision of the independent appraisers shall be distributed to the unit owners<\/span> and become final unless disapproved within 30 days after distribution by unit owners<\/span> of units<\/span> to which one quarter of the votes in the unit owners<\/span>’ association appertain. The proportion of any unit owner<\/span>’s interest to the interest of all unit owners<\/span> is determined by dividing the fair market value of that unit owner<\/span>’s unit and common element interest by the total fair market values of all the units<\/span> and their common element interests. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> If the method of determining the respective interests of the unit owners<\/span> in the proceeds of sale or disposition<\/span> is other than the fair market values, then the association shall provide each unit owner<\/span> with a notice stating the result of that method for his unit and, no later than 30 days after transmission of that notice, if 10 percent of the unit owners<\/span> dispute the interest to be distributed to their units, those unit owners<\/span> may require the association to obtain an independent appraisal of the condominium units<\/span>. If the fair market value of the units of the objecting unit owners<\/span> is at least 10 percent more than the amount that the unit owners<\/span> would have received using the method agreed upon by the membership, then the association shall adjust the respective interests of the unit owners<\/span> so that each unit owner<\/span>’s share is based on the fair market value for each unit. If the fair market value is less than 10 percent more than the amount that the objecting unit owners<\/span> would have received using the agreed-upon method, then the agreed-upon method shall be implemented and the objecting unit owners<\/span> shall receive the distribution less their pro rata share of the cost of their appraisal. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> If the method of determining the respective interests of the unit owners<\/span> cannot be implemented because any unit or limited common element<\/span> is destroyed, the interests of all unit owners<\/span> are the unit owners<\/span>’ respective common element interests immediately before the termination. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Unless the termination agreement provides otherwise, each unit owner<\/span> shall satisfy and cause the release of any mortgage, deed of trust, lease, or other lien<\/span> or encumbrance on his unit at the time required by the termination agreement. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> Except as provided in subsection K, foreclosure of any mortgage, deed of trust, or other lien<\/span>, or enforcement of a mortgage, deed of trust, or other lien<\/span> or encumbrance against the entire condominium, shall not alone terminate the condominium, and foreclosure or enforcement of a lien<\/span> or encumbrance against a portion of the condominium, other than withdrawable land<\/span>, shall not withdraw that portion from the condominium. Foreclosure or enforcement of a lien<\/span> or encumbrance against withdrawable land<\/span> shall not alone withdraw the land<\/span> from the condominium, but the person<\/span> who takes title to the withdrawable land<\/span> shall have the right to require from the unit owners<\/span>’ association, upon request, an amendment that excludes the land<\/span> from the condominium. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> If a lien<\/span> or encumbrance against a portion of the property that comprises the condominium has priority over the condominium instruments and the lien<\/span> or encumbrance has not been partially released, upon foreclosure, the parties foreclosing the lien<\/span> or encumbrance may record an instrument that excludes the property subject to the lien<\/span> or encumbrance from the condominium. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nTERMINATION OF CONDOMINIUM (\u00a7 55.1-1937)\n\nA. If there is no unit owner other than the declarant, the declarant may\nunilaterally terminate the condominium. An instrument terminating a condominium\nsigned by the declarant is effective upon recordation of such instrument. But\nthis section shall not be construed to nullify, limit, or otherwise affect the\nvalidity or enforceability of any agreement renouncing or to renounce, in whole\nor in part, the right hereby conferred.\n\nB. Except in the case of a taking of all the units by eminent domain, if any of\nthe units in the condominium is restricted exclusively to residential use and\nthere is any unit owner other than the declarant, the condominium may be\nterminated only by the agreement of unit owners of units to which four-fifths of\nthe votes in the unit owners’ association appertain, or such larger\nmajority as the condominium instruments may specify. If none of the units in the\ncondominium is restricted exclusively to residential use, the condominium\ninstruments may specify a majority smaller than the minimum specified in this\nsubsection.\n\nC. Agreement of the required majority of unit owners to termination of the\ncondominium shall be evidenced by their execution of a termination agreement, or\nratifications of such agreement, and such agreement is effective when a copy of\nthe termination agreement is recorded together with a certification, signed by\nthe principal officer of the unit owners’ association or by such other\nofficer as the condominium instruments may specify, that the requisite majority\nof the unit owners signed the termination agreement or ratifications. Unless the\ntermination agreement otherwise provides, prior to recordation of the\ntermination agreement, a unit owner’s prior agreement to terminate the\ncondominium may be revoked only with the approval of unit owners of units to\nwhich a majority of the votes in the unit owners’ association appertain.\nAny unit owner acquiring a unit subsequent to approval of a termination\nagreement but prior to recordation of the termination agreement shall be deemed\nto have consented to the termination agreement. Upon approval of a termination\nagreement and until recordation of the termination agreement, a copy of the\ntermination agreement shall be included with the resale certificate required by\n§ 55.1-2309. The termination agreement shall specify a date after which the\ntermination agreement is void if the termination agreement is not recorded. For\nthe purposes of this section, an instrument terminating a condominium and any\nratification of such instrument shall be deemed a condominium instrument subject\nto the provisions of § 55.1-1911.\n\nD. A termination agreement may provide that all of the common elements and units\nof the condominium shall be sold or otherwise disposed of following termination.\nIf, pursuant to the termination agreement, any property in the condominium is\nsold or disposed of following termination, the termination agreement shall set\nforth the minimum terms of the sale or disposition.\n\nE. In the case of a master condominium that contains a unit that is a part of\nanother condominium, a termination agreement for the master condominium shall\nnot terminate the other condominium.\n\nF. On behalf of the unit owners, the unit owners’ association may contract\nfor the disposition of property in the condominium, but the contract shall not\nbe binding on the unit owners until approved pursuant to subsections B and C. If\nthe termination agreement requires that any property in the condominium be sold\nor otherwise disposed of following termination, title to the property, upon\ntermination, shall vest in the unit owners’ association as trustee for the\nholders of all interest in the units. Thereafter, the unit owners’\nassociation shall have powers necessary and appropriate to effect the sale or\ndisposition. Until the termination has been concluded and the proceeds have been\ndistributed, the unit owners’ association shall continue in existence with\nall the powers the unit owners’ association had before termination.\nProceeds of the sale shall be distributed to unit owners and lien holders as\ntheir interests may appear, in proportion to the respective interests of the\nunit owners as provided in subsection I. Unless otherwise specified in the\ntermination agreement, for as long as the unit owners’ association holds\ntitle to the property, each unit owner or his successor in interest shall have\nan exclusive right to occupancy of the portion of the property that formerly\nconstituted his unit. During the period that the unit owner or his successor in\ninterest has the right to occupancy, each unit owner or his successor in\ninterest shall remain liable for any assessment or other obligation imposed on\nthe unit owner by this chapter or the condominium instruments.\n\nG. If the property that constitutes the condominium is not sold or otherwise\ndisposed of following termination, title to all the property in the condominium\nshall vest in the unit owners, upon termination, as tenants in common in\nproportion to the unit owners’ respective interests as provided in\nsubsection I. In such an event, any liens on a unit shall shift accordingly, and\na lien may be enforced only against a unit owner’s tenancy in common\ninterest, but the lien shall not encumber the entire property formerly\nconstituting the condominium. While the tenancy in common exists, each unit\nowner or his successor in interest shall have the exclusive right to occupancy\nof the portion of the property that formerly constituted the unit owner’s\nunit.\n\nH. Following termination of the condominium, the proceeds of any sale of\nproperty, together with the assets of the unit owners’ association, shall\nbe held by the unit owners’ association as trustee for unit owners or lien\nholders on the units as their interests may appear. Following termination, any\ncreditor of the unit owners’ association who holds a lien on the unit that\nwas recorded before termination may enforce the lien in the same manner as any\nlien holder. Any other creditor of the unit owners’ association shall be\ntreated as if he had perfected a lien on the units immediately before\ntermination.\n\nI. Unless the condominium instruments as originally recorded or as amended by\n100 percent of the unit owners provide otherwise, the respective interests of\nunit owners referred to in subsections F, G, and H shall be as follows:\n\n 1. Except as provided in subdivision 3, the respective interests of the unit\n owners shall be as set forth in the termination agreement.\n\n 2. Except as provided in subdivision 3, if the respective interests of the\n unit owners are based on the respective fair market values of their units,\n limited common elements, and common element interests immediately before the\n termination, the fair market values shall be determined by one or more\n independent appraisers selected by the unit owners’ association. The\n decision of the independent appraisers shall be distributed to the unit owners\n and become final unless disapproved within 30 days after distribution by unit\n owners of units to which one quarter of the votes in the unit owners’\n association appertain. The proportion of any unit owner’s interest to\n the interest of all unit owners is determined by dividing the fair market\n value of that unit owner’s unit and common element interest by the total\n fair market values of all the units and their common element interests.\n\n 3. If the method of determining the respective interests of the unit owners in\n the proceeds of sale or disposition is other than the fair market values, then\n the association shall provide each unit owner with a notice stating the result\n of that method for his unit and, no later than 30 days after transmission of\n that notice, if 10 percent of the unit owners dispute the interest to be\n distributed to their units, those unit owners may require the association to\n obtain an independent appraisal of the condominium units. If the fair market\n value of the units of the objecting unit owners is at least 10 percent more\n than the amount that the unit owners would have received using the method\n agreed upon by the membership, then the association shall adjust the\n respective interests of the unit owners so that each unit owner’s share\n is based on the fair market value for each unit. If the fair market value is\n less than 10 percent more than the amount that the objecting unit owners would\n have received using the agreed-upon method, then the agreed-upon method shall\n be implemented and the objecting unit owners shall receive the distribution\n less their pro rata share of the cost of their appraisal.\n\n 4. If the method of determining the respective interests of the unit owners\n cannot be implemented because any unit or limited common element is destroyed,\n the interests of all unit owners are the unit owners’ respective common\n element interests immediately before the termination.\n\n 5. Unless the termination agreement provides otherwise, each unit owner shall\n satisfy and cause the release of any mortgage, deed of trust, lease, or other\n lien or encumbrance on his unit at the time required by the termination\n agreement.\n\nJ. Except as provided in subsection K, foreclosure of any mortgage, deed of\ntrust, or other lien, or enforcement of a mortgage, deed of trust, or other lien\nor encumbrance against the entire condominium, shall not alone terminate the\ncondominium, and foreclosure or enforcement of a lien or encumbrance against a\nportion of the condominium, other than withdrawable land, shall not withdraw\nthat portion from the condominium. Foreclosure or enforcement of a lien or\nencumbrance against withdrawable land shall not alone withdraw the land from the\ncondominium, but the person who takes title to the withdrawable land shall have\nthe right to require from the unit owners’ association, upon request, an\namendment that excludes the land from the condominium.\n\nK. If a lien or encumbrance against a portion of the property that comprises the\ncondominium has priority over the condominium instruments and the lien or\nencumbrance has not been partially released, upon foreclosure, the parties\nforeclosing the lien or encumbrance may record an instrument that excludes the\nproperty subject to the lien or encumbrance from the condominium.\n\nHISTORY: 1993, c. 667, \u00a7 55-79.72:1; 2019, c. 712; 2020, cc. 592, 817; 2023,\ncc. 387, 388.","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}}