{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-1943.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-1943.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-1943.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-1943.html"}],"law_id":84290,"edition_id":1,"section_id":84290,"structure_id":13236,"section_number":"55.1-1943","catch_line":"Control of condominium by declarant","history":"1974, c. 416, \u00a7 55-79.74; 1975, c. 415; 1978, c. 332; 1980, c. 738; 1984, c. 601; 1985, c. 83; 1996, c. 977; 2008, cc. 851, 871; 2013, c. 599; 2019, cc. 712, 724.","full_text":"A\n\nThe condominium instruments may authorize the declarant, or a managing agent or some other person selected or to be selected by the declarant, to appoint and remove some or all of the officers of the unit owners’ association or its executive board, or to exercise powers and responsibilities otherwise assigned by the condominium instruments and by this chapter to the unit owners’ association, the officers, or the executive board. The declarant, managing agent, or other person selected by the declarant to so appoint and remove officers or the executive board or to exercise such powers and responsibilities otherwise assigned to the unit owners’ association, the officers, or the executive board shall be subject to liability as fiduciaries of the unit owners for their action or omissions during the period of declarant control as specified in the condominium instruments or, if not so specified, within such period as defined in this section. But no amendment to the condominium instruments shall increase the scope of such authorization if there is any unit owner other than the declarant, and no such authorization shall be valid after the time limit set by the condominium instruments or after units to which three-fourths of the undivided interests in the common elements appertain have been conveyed, whichever occurs first. For the purposes of the preceding sentence only, the calculation of the fraction of undivided interest shall be based upon the total undivided interests assigned or to be assigned to all units registered with the Common Interest Community Board pursuant to subsection B of § 55.1-1978 and described pursuant to subdivision A 4, B 2, or C 8 of § 55.1-1916.B\n\nThe time limit initially set by the condominium instruments shall not exceed five years in the case of an expandable condominium; three years in the case of a condominium other than an expandable condominium, containing any convertible land; or two years in the case of any other condominium. Such time period shall begin upon settlement of the first unit to be sold in any portion of the condominium.\n\t\t\tNotwithstanding the foregoing, at the request of the declarant, such time limits may be extended for a period not to exceed 15 years from the settlement of the first unit to be sold in any portion of the condominium or after units to which three-fourths of the undivided interests in the common elements appertain have been conveyed, whichever occurs first, provided that (i) a special meeting is held prior to the expiration of the initial period of declarant control; (ii) at such special meeting, the extension of such time limits is approved by a two-thirds affirmative vote of the unit owners other than the declarant; and (iii) at such special meeting, there is an election of a warranty review committee consisting of no fewer than three persons unaffiliated with the declarant.\n\t\t\tPrior to any such vote, the declarant shall furnish to the unit owners in the notice of such special meeting made in accordance with § 55.1-1949 a written statement in a form provided by the Common Interest Community Board that discloses that an affirmative vote extends the right of the declarant, or a managing agent or some other person selected by the declarant, to (a) appoint and remove some or all of the officers of the unit owners’ association or its executive board and (b) exercise powers and responsibilities otherwise assigned by the condominium instruments and by this chapter. In addition, such statement shall contain both a notice of the effect of the extension of declarant control on the enforcement of the warranty against structural defects provided by the declarant in accordance with § 55.1-1955 and a statement that a unit owner is advised to exercise whatever due diligence the unit owner deems necessary to protect his interest.C\n\nIf entered into any time prior to the expiration of the period of declarant control, no contract or lease entered into with the declarant or any entity controlled by the declarant, management contract, employment contract, or lease of recreational or parking areas or facilities, which is directly or indirectly made by or on behalf of the unit owners’ association, its executive board, or the unit owners as a group, shall be entered into for a period in excess of two years. Any such contract or agreement entered into on or after July 1, 1978, may be terminated without penalty by the unit owners’ association or its executive board upon not less than 90 days’ written notice to the other party given not later than 60 days after the expiration of the period of declarant control. Any such contract or agreement may be renewed for periods not in excess of two years; however, at the end of any two-year period the unit owners’ association or its executive board may terminate any further renewals or extensions of such contract or agreement. The provisions of this subsection shall not apply to any lease referred to in § 55.1-1910 or subject to subsection E of § 55.1-1916.D\n\nIf entered into at any time prior to the expiration of the period of declarant control, any contract, lease, or agreement, other than those subject to the provisions of subsection C, may be entered into by or on behalf of the unit owners’ association, its executive board, or the unit owners as a group, if such contract, lease, or agreement is bona fide and is commercially reasonable to the unit owners’ association at the time entered into under the circumstances.E\n\nThis section does not apply to any contract, incidental to the disposition of a condominium unit, to provide to a unit owner for the duration of such unit owner’s life, or for any term in excess of one year, nursing services, medical services, other health-related services, board and lodging and care as necessary, or any combination of such services. The rule of property law known as the rule restricting unreasonable restraints on alienation shall not be applied to defeat any provision of the condominium instruments requiring that the unit owners be parties to such contracts.F\n\nIf the unit owners’ association is not in existence or does not have officers at the time of the creation of the condominium, the declarant shall, until there is such an association with such officers, have the power and the responsibility to act in all instances where this chapter requires action by the unit owners’ association, its executive board, or any officer.G\n\nThirty days prior to the expiration of the period of declarant control, the declarant shall notify the governing body of the locality in which the condominium is located of the forthcoming termination of declarant control. Prior to the expiration of the 30-day period, the local governing body or an agency designated by the local governing body shall advise the principal elected officer of the condominium unit owners’ association of any outstanding violations of applicable building codes or local ordinances or other deficiencies of record.H\n\nWithin 45 days from the expiration of the period of declarant control, the declarant shall deliver to the president of the unit owners’ association or his designated agent (i) all unit owners’ association books and records held by or controlled by the declarant, including minute books and all rules, regulations, and amendments to such rules and regulations that may have been promulgated; (ii) an accurate and complete statement of receipts and expenditures prepared using the accrual method of accounting from the date of the recording of the condominium instruments to the end of the regular accounting period immediately succeeding the first annual meeting of the unit owners, not to exceed 60 days from the date of the election; (iii) a copy of the latest available approved plans and specifications for all improvements in the project or as-built plans, if available; (iv) all association insurance policies that are currently in force; (v) written unexpired warranties of the contractors, subcontractors, suppliers, and manufacturers, if any; (vi) contracts in which the association is a contracting party, if any; (vii) a list of manufacturers of paints, roofing materials, and other similar materials if specified for use on the condominium property; and (viii) an inventory and description of stormwater facilities located on the common elements or which otherwise serve the condominium and for which the unit owners’ association has, or subsequently may have, maintenance, repair, or replacement responsibility, together with the requirements for maintenance thereof.\n\t\t\tThe requirement for delivery of stormwater facility information required by clause (viii) shall be deemed satisfied by delivery to the association of a final site plan or final construction drawing showing stormwater facilities as approved by a local government jurisdiction and applicable recorded easements, or agreements if any, containing requirements for the maintenance, repair, or replacement of the stormwater facilities.\n\t\t\tIf the unit owners’ association is managed by a management company in which the declarant, or its principals, have no pecuniary interest or management role, then such management company shall have the responsibility to provide the documents and information required by clauses (i), (ii), (iv), and (vi).I\n\nThis section shall be strictly construed to protect the rights of the unit owners.","order_by":null,"text":{"0":{"id":302161,"text":"The condominium instruments may authorize the declarant, or a managing agent or some other person selected or to be selected by the declarant, to appoint and remove some or all of the officers of the unit owners’ association or its executive board, or to exercise powers and responsibilities otherwise assigned by the condominium instruments and by this chapter to the unit owners’ association, the officers, or the executive board. The declarant, managing agent, or other person selected by the declarant to so appoint and remove officers or the executive board or to exercise such powers and responsibilities otherwise assigned to the unit owners’ association, the officers, or the executive board shall be subject to liability as fiduciaries of the unit owners for their action or omissions during the period of declarant control as specified in the condominium instruments or, if not so specified, within such period as defined in this section. But no amendment to the condominium instruments shall increase the scope of such authorization if there is any unit owner other than the declarant, and no such authorization shall be valid after the time limit set by the condominium instruments or after units to which three-fourths of the undivided interests in the common elements appertain have been conveyed, whichever occurs first. For the purposes of the preceding sentence only, the calculation of the fraction of undivided interest shall be based upon the total undivided interests assigned or to be assigned to all units registered with the Common Interest Community Board pursuant to subsection B of § 55.1-1978 and described pursuant to subdivision A 4, B 2, or C 8 of § 55.1-1916.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":302162,"text":"The time limit initially set by the condominium instruments shall not exceed five years in the case of an expandable condominium; three years in the case of a condominium other than an expandable condominium, containing any convertible land; or two years in the case of any other condominium. Such time period shall begin upon settlement of the first unit to be sold in any portion of the condominium.\n\t\t\tNotwithstanding the foregoing, at the request of the declarant, such time limits may be extended for a period not to exceed 15 years from the settlement of the first unit to be sold in any portion of the condominium or after units to which three-fourths of the undivided interests in the common elements appertain have been conveyed, whichever occurs first, provided that (i) a special meeting is held prior to the expiration of the initial period of declarant control; (ii) at such special meeting, the extension of such time limits is approved by a two-thirds affirmative vote of the unit owners other than the declarant; and (iii) at such special meeting, there is an election of a warranty review committee consisting of no fewer than three persons unaffiliated with the declarant.\n\t\t\tPrior to any such vote, the declarant shall furnish to the unit owners in the notice of such special meeting made in accordance with § 55.1-1949 a written statement in a form provided by the Common Interest Community Board that discloses that an affirmative vote extends the right of the declarant, or a managing agent or some other person selected by the declarant, to (a) appoint and remove some or all of the officers of the unit owners’ association or its executive board and (b) exercise powers and responsibilities otherwise assigned by the condominium instruments and by this chapter. In addition, such statement shall contain both a notice of the effect of the extension of declarant control on the enforcement of the warranty against structural defects provided by the declarant in accordance with § 55.1-1955 and a statement that a unit owner is advised to exercise whatever due diligence the unit owner deems necessary to protect his interest.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":302163,"text":"If entered into any time prior to the expiration of the period of declarant control, no contract or lease entered into with the declarant or any entity controlled by the declarant, management contract, employment contract, or lease of recreational or parking areas or facilities, which is directly or indirectly made by or on behalf of the unit owners’ association, its executive board, or the unit owners as a group, shall be entered into for a period in excess of two years. Any such contract or agreement entered into on or after July 1, 1978, may be terminated without penalty by the unit owners’ association or its executive board upon not less than 90 days’ written notice to the other party given not later than 60 days after the expiration of the period of declarant control. Any such contract or agreement may be renewed for periods not in excess of two years; however, at the end of any two-year period the unit owners’ association or its executive board may terminate any further renewals or extensions of such contract or agreement. The provisions of this subsection shall not apply to any lease referred to in § 55.1-1910 or subject to subsection E of § 55.1-1916.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":302164,"text":"If entered into at any time prior to the expiration of the period of declarant control, any contract, lease, or agreement, other than those subject to the provisions of subsection C, may be entered into by or on behalf of the unit owners’ association, its executive board, or the unit owners as a group, if such contract, lease, or agreement is bona fide and is commercially reasonable to the unit owners’ association at the time entered into under the circumstances.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":302165,"text":"This section does not apply to any contract, incidental to the disposition of a condominium unit, to provide to a unit owner for the duration of such unit owner’s life, or for any term in excess of one year, nursing services, medical services, other health-related services, board and lodging and care as necessary, or any combination of such services. The rule of property law known as the rule restricting unreasonable restraints on alienation shall not be applied to defeat any provision of the condominium instruments requiring that the unit owners be parties to such contracts.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":302166,"text":"If the unit owners’ association is not in existence or does not have officers at the time of the creation of the condominium, the declarant shall, until there is such an association with such officers, have the power and the responsibility to act in all instances where this chapter requires action by the unit owners’ association, its executive board, or any officer.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":302167,"text":"Thirty days prior to the expiration of the period of declarant control, the declarant shall notify the governing body of the locality in which the condominium is located of the forthcoming termination of declarant control. Prior to the expiration of the 30-day period, the local governing body or an agency designated by the local governing body shall advise the principal elected officer of the condominium unit owners’ association of any outstanding violations of applicable building codes or local ordinances or other deficiencies of record.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":302168,"text":"Within 45 days from the expiration of the period of declarant control, the declarant shall deliver to the president of the unit owners’ association or his designated agent (i) all unit owners’ association books and records held by or controlled by the declarant, including minute books and all rules, regulations, and amendments to such rules and regulations that may have been promulgated; (ii) an accurate and complete statement of receipts and expenditures prepared using the accrual method of accounting from the date of the recording of the condominium instruments to the end of the regular accounting period immediately succeeding the first annual meeting of the unit owners, not to exceed 60 days from the date of the election; (iii) a copy of the latest available approved plans and specifications for all improvements in the project or as-built plans, if available; (iv) all association insurance policies that are currently in force; (v) written unexpired warranties of the contractors, subcontractors, suppliers, and manufacturers, if any; (vi) contracts in which the association is a contracting party, if any; (vii) a list of manufacturers of paints, roofing materials, and other similar materials if specified for use on the condominium property; and (viii) an inventory and description of stormwater facilities located on the common elements or which otherwise serve the condominium and for which the unit owners’ association has, or subsequently may have, maintenance, repair, or replacement responsibility, together with the requirements for maintenance thereof.\n\t\t\tThe requirement for delivery of stormwater facility information required by clause (viii) shall be deemed satisfied by delivery to the association of a final site plan or final construction drawing showing stormwater facilities as approved by a local government jurisdiction and applicable recorded easements, or agreements if any, containing requirements for the maintenance, repair, or replacement of the stormwater facilities.\n\t\t\tIf the unit owners’ association is managed by a management company in which the declarant, or its principals, have no pecuniary interest or management role, then such management company shall have the responsibility to provide the documents and information required by clauses (i), (ii), (iv), and (vi).","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":302169,"text":"This section shall be strictly construed to protect the rights of the unit owners.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"ancestry":[{"id":13236,"edition_id":1,"name":"Management of Condominium","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":13018,"metadata":{},"date_created":"2026-06-26 03:44:30","date_modified":"2026-06-26 03:44:30","permalink":{"id":246789,"object_type":"structure","relational_id":13236,"identifier":"3","token":"55.1\/IV\/19\/3","url":"\/55.1\/IV\/19\/3\/","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":75299,"structure_id":13236,"section_number":"55.1-1940","catch_line":"Bylaws to be recorded with declaration; contents; unit owners' association; executive board; amendment of bylaws","url":"\/55.1-1940\/","token":"55.1\/IV\/19\/3\/55.1-1940","metadata":false},{"id":56162,"structure_id":13236,"section_number":"55.1-1940.1","catch_line":"Termination and duration of certain management contracts","url":"\/55.1-1940.1\/","token":"55.1\/IV\/19\/3\/55.1-1940.1","metadata":false},{"id":86301,"structure_id":13236,"section_number":"55.1-1941","catch_line":"Amendment to condominium instruments; consent of mortgagee","url":"\/55.1-1941\/","token":"55.1\/IV\/19\/3\/55.1-1941","metadata":false},{"id":77055,"structure_id":13236,"section_number":"55.1-1942","catch_line":"Reformation of declaration; judicial procedure","url":"\/55.1-1942\/","token":"55.1\/IV\/19\/3\/55.1-1942","metadata":false},{"id":84290,"structure_id":13236,"section_number":"55.1-1943","catch_line":"Control of condominium by declarant","url":"\/55.1-1943\/","token":"55.1\/IV\/19\/3\/55.1-1943","metadata":false},{"id":68952,"structure_id":13236,"section_number":"55.1-1944","catch_line":"Deposit of funds","url":"\/55.1-1944\/","token":"55.1\/IV\/19\/3\/55.1-1944","metadata":false},{"id":86875,"structure_id":13236,"section_number":"55.1-1945","catch_line":"Books, minutes, and records; 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late fees; additional assessment; authority to borrow","url":"\/55.1-1964\/","token":"55.1\/IV\/19\/3\/55.1-1964","metadata":false},{"id":55038,"structure_id":13236,"section_number":"55.1-1965","catch_line":"Annual budget; reserve study; reserves for capital components","url":"\/55.1-1965\/","token":"55.1\/IV\/19\/3\/55.1-1965","metadata":false},{"id":86561,"structure_id":13236,"section_number":"55.1-1966","catch_line":"Lien for assessments; foreclosure","url":"\/55.1-1966\/","token":"55.1\/IV\/19\/3\/55.1-1966","metadata":false},{"id":82616,"structure_id":13236,"section_number":"55.1-1967","catch_line":"Notice of sale under deed of trust","url":"\/55.1-1967\/","token":"55.1\/IV\/19\/3\/55.1-1967","metadata":false},{"id":56723,"structure_id":13236,"section_number":"55.1-1968","catch_line":"Bond to be posted by declarant","url":"\/55.1-1968\/","token":"55.1\/IV\/19\/3\/55.1-1968","metadata":false},{"id":60552,"structure_id":13236,"section_number":"55.1-1969","catch_line":"Restraints on alienation","url":"\/55.1-1969\/","token":"55.1\/IV\/19\/3\/55.1-1969","metadata":false}],"previous_section":{"id":77055,"structure_id":13236,"section_number":"55.1-1942","catch_line":"Reformation of declaration; judicial procedure","url":"\/55.1-1942\/","token":"55.1\/IV\/19\/3\/55.1-1942","metadata":false},"next_section":{"id":68952,"structure_id":13236,"section_number":"55.1-1944","catch_line":"Deposit of funds","url":"\/55.1-1944\/","token":"55.1\/IV\/19\/3\/55.1-1944","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-1943\/","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 9 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1975, chapter 415; in 1978, chapter 332; in 1980, chapter 738; in 1984, chapter 601; in 1985, chapter 83; in 1996, chapter 977<\/a>; in 2008, chapters 851<\/a> and 871<\/a>; in 2013, chapter 599<\/a>; in 2019, chapters 712<\/a> and 724<\/a>.<\/p>","references":[{"id":55215,"section_number":"55.1-1900","catch_line":"Definitions","order_by":null,"url":"\/55.1-1900\/"},{"id":60125,"section_number":"55.1-1908","catch_line":"Release of liens","order_by":null,"url":"\/55.1-1908\/"},{"id":76179,"section_number":"55.1-1916","catch_line":"Contents of declaration","order_by":null,"url":"\/55.1-1916\/"},{"id":64177,"section_number":"55.1-1947","catch_line":"Transfer of special declarant rights","order_by":null,"url":"\/55.1-1947\/"},{"id":85997,"section_number":"55.1-1955","catch_line":"Upkeep of condominiums; warranty against structural defects; statute of limitations for warranty; warranty review committee","order_by":null,"url":"\/55.1-1955\/"},{"id":76691,"section_number":"55.1-1956","catch_line":"Control of common elements","order_by":null,"url":"\/55.1-1956\/"},{"id":66934,"section_number":"55.1-1958","catch_line":"Tort and contract liability; judgment lien","order_by":null,"url":"\/55.1-1958\/"},{"id":61172,"section_number":"55.1-1980","catch_line":"Annual report by unit owners' association","order_by":null,"url":"\/55.1-1980\/"}],"refers_to":[{"id":85700,"section_number":"55.1-1910","catch_line":"Execution of condominium instruments","order_by":null,"url":"\/55.1-1910\/"},{"id":76863,"section_number":"55.1-1949","catch_line":"Meetings of unit owners' association and executive board","order_by":null,"url":"\/55.1-1949\/"},{"id":85997,"section_number":"55.1-1955","catch_line":"Upkeep of condominiums; warranty against structural defects; statute of limitations for warranty; warranty review committee","order_by":null,"url":"\/55.1-1955\/"},{"id":75453,"section_number":"55.1-1978","catch_line":"Notice of filing and registration","order_by":null,"url":"\/55.1-1978\/"}],"permalink":{"id":246807,"object_type":"law","relational_id":84290,"identifier":"55.1-1943","token":"55.1\/IV\/19\/3\/55.1-1943","url":"\/55.1-1943\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-1943\/","token":"55.1\/IV\/19\/3\/55.1-1943","dublin_core":{"Title":"Control of condominium by declarant","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-1943","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The condominium<\/span> instruments may authorize the declarant<\/span>, or a managing agent or some other person<\/span> selected or to be selected by the declarant<\/span>, to appoint and remove some or all of the officers<\/span> of the unit owners<\/span>’ association or its executive board<\/span>, or to exercise powers and responsibilities otherwise assigned by the condominium<\/span> instruments and by this chapter to the unit owners<\/span>’ association, the officers<\/span>, or the executive board<\/span>. The declarant<\/span>, managing agent, or other person<\/span> selected by the declarant<\/span> to so appoint and remove officers<\/span> or the executive board<\/span> or to exercise such powers and responsibilities otherwise assigned to the unit owners<\/span>’ association, the officers<\/span>, or the executive board<\/span> shall be subject to liability as fiduciaries of the unit owners<\/span> for their action or omissions during the period of declarant<\/span> control as specified in the condominium<\/span> instruments or, if not so specified, within such period as defined in this section. But no amendment to the condominium<\/span> instruments shall increase the scope of such authorization if there is any unit owner<\/span> other than the declarant<\/span>, and no such authorization shall be valid after the time limit set by the condominium<\/span> instruments or after units<\/span> to which three-fourths of the undivided interests in the common elements<\/span> appertain have been conveyed, whichever occurs first. For the purposes of the preceding sentence only, the calculation of the fraction of undivided interest shall be based upon the total undivided interests assigned or to be assigned to all units<\/span> registered with the Common Interest Community Board pursuant to subsection B of § 55.1-1978<\/a> and described pursuant to subdivision A 4, B 2, or C 8 of § 55.1-1916<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The time limit initially set by the condominium instruments shall not exceed five years in the case of an expandable condominium<\/span>; three years in the case of a condominium other than an expandable condominium<\/span>, containing any convertible land<\/span>; or two years in the case of any other condominium. Such time period shall begin upon settlement<\/span> of the first unit to be sold in any portion of the condominium.\n\t\t\tNotwithstanding the foregoing, at the request of the declarant<\/span>, such time limits may be extended for a period not to exceed 15 years from the settlement<\/span> of the first unit to be sold in any portion of the condominium or after units<\/span> to which three-fourths of the undivided interests in the common elements<\/span> appertain have been conveyed, whichever occurs first, provided that (i) a special meeting is held prior to the expiration of the initial period of declarant<\/span> control; (ii) at such special meeting, the extension of such time limits is approved by a two-thirds affirmative vote of the unit owners<\/span> other than the declarant<\/span>; and (iii) at such special meeting, there is an election of a warranty review committee consisting of no fewer than three persons<\/span> unaffiliated with the declarant<\/span>.\n\t\t\tPrior to any such vote, the declarant<\/span> shall furnish to the unit owners<\/span> in the notice of such special meeting made in accordance with § 55.1-1949<\/a> a written statement in a form provided by the Common Interest Community Board that discloses that an affirmative vote extends the right of the declarant<\/span>, or a managing agent or some other person<\/span> selected by the declarant<\/span>, to (a) appoint and remove some or all of the officers<\/span> of the unit owners<\/span>’ association or its executive board<\/span> and (b) exercise powers and responsibilities otherwise assigned by the condominium instruments and by this chapter. In addition, such statement shall contain both a notice of the effect of the extension of declarant<\/span> control on the enforcement of the warranty against structural defects provided by the declarant<\/span> in accordance with § 55.1-1955<\/a> and a statement that a unit owner<\/span> is advised to exercise whatever due diligence the unit owner<\/span> deems necessary to protect his interest. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If entered into any time prior to the expiration of the period of declarant<\/span> control, no contract<\/span> or lease entered into with the declarant<\/span> or any entity controlled by the declarant<\/span>, management contract<\/span>, employment contract<\/span>, or lease of recreational or parking areas or facilities, which is directly or indirectly made by or on behalf of the unit owners<\/span>’ association, its executive board<\/span>, or the unit owners<\/span> as a group, shall be entered into for a period in excess of two years. Any such contract<\/span> or agreement entered into on or after July 1, 1978, may be terminated without penalty<\/span> by the unit owners<\/span>’ association or its executive board<\/span> upon not less than 90 days’ written notice to the other party<\/span> given not later than 60 days after the expiration of the period of declarant<\/span> control. Any such contract<\/span> or agreement may be renewed for periods not in excess of two years; however, at the end of any two-year period the unit owners<\/span>’ association or its executive board<\/span> may terminate any further renewals or extensions of such contract<\/span> or agreement. The provisions of this subsection shall not apply to any lease referred to in § 55.1-1910<\/a> or subject to subsection E of § 55.1-1916<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If entered into at any time prior to the expiration of the period of declarant<\/span> control, any contract<\/span>, lease, or agreement, other than those subject to the provisions of subsection C, may be entered into by or on behalf of the unit owners<\/span>’ association, its executive board<\/span>, or the unit owners<\/span> as a group, if such contract<\/span>, lease, or agreement is bona fide and is commercially reasonable to the unit owners<\/span>’ association at the time entered into under the circumstances. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> This section does not apply to any contract<\/span>, incidental to the disposition<\/span> of a condominium unit<\/span>, to provide to a unit owner<\/span> for the duration of such unit owner<\/span>’s life, or for any term in excess of one year, nursing services, medical services, other health-related services, board and lodging and care as necessary, or any combination of such services. The rule of property law<\/span> known as the rule restricting unreasonable restraints on alienation shall not be applied to defeat any provision of the condominium instruments requiring that the unit owners<\/span> be parties to such contracts<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> If the unit owners<\/span>’ association is not in existence or does not have officers<\/span> at the time of the creation of the condominium, the declarant<\/span> shall, until there is such an association with such officers<\/span>, have the power and the responsibility to act in all instances where this chapter requires action by the unit owners<\/span>’ association, its executive board<\/span>, or any officer<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Thirty days prior to the expiration of the period of declarant<\/span> control, the declarant<\/span> shall notify the governing body of the locality in which the condominium is located of the forthcoming termination of declarant<\/span> control. Prior to the expiration of the 30-day period, the local governing body or an agency designated by the local governing body shall advise the principal elected officer<\/span> of the condominium unit<\/span> owners’ association of any outstanding violations of applicable building codes or local ordinances<\/span> or other deficiencies of record. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Within 45 days from the expiration of the period of declarant<\/span> control, the declarant<\/span> shall deliver to the president of the unit owners<\/span>’ association or his designated agent (i) all unit owners<\/span>’ association books and records held by or controlled by the declarant<\/span>, including minute books and all rules, regulations, and amendments to such rules and regulations that may have been promulgated; (ii) an accurate and complete statement of receipts and expenditures prepared using the accrual method of accounting from the date of the recording of the condominium instruments to the end of the regular accounting period immediately succeeding the first annual meeting of the unit owners<\/span>, not to exceed 60 days from the date of the election; (iii) a copy of the latest available approved plans and specifications for all improvements in the project or as-built plans, if available; (iv) all association insurance policies that are currently in force; (v) written unexpired warranties of the contractors, subcontractors, suppliers, and manufacturers, if any; (vi) contracts<\/span> in which the association is a contracting party<\/span>, if any; (vii) a list of manufacturers of paints, roofing materials<\/span>, and other similar materials<\/span> if specified for use on the condominium property; and (viii) an inventory and description of stormwater facilities located on the common elements<\/span> or which otherwise serve the condominium and for which the unit owners<\/span>’ association has, or subsequently may have, maintenance, repair, or replacement responsibility, together with the requirements for maintenance thereof.\n\t\t\tThe requirement for delivery of stormwater facility information required by clause (viii) shall be deemed satisfied by delivery to the association of a final site plan or final construction drawing showing stormwater facilities as approved by a local government jurisdiction<\/span> and applicable recorded easements, or agreements if any, containing requirements for the maintenance, repair, or replacement of the stormwater facilities.\n\t\t\tIf the unit owners<\/span>’ association is managed by a management company in which the declarant<\/span>, or its principals, have no pecuniary interest or management role, then such management company shall have the responsibility to provide the documents and information required by clauses (i), (ii), (iv), and (vi). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> This section shall be strictly construed to protect the rights of the unit owners<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONTROL OF CONDOMINIUM BY DECLARANT (\u00a7 55.1-1943)\n\nA. The condominium instruments may authorize the declarant, or a managing agent\nor some other person selected or to be selected by the declarant, to appoint and\nremove some or all of the officers of the unit owners’ association or its\nexecutive board, or to exercise powers and responsibilities otherwise assigned\nby the condominium instruments and by this chapter to the unit owners’\nassociation, the officers, or the executive board. The declarant, managing\nagent, or other person selected by the declarant to so appoint and remove\nofficers or the executive board or to exercise such powers and responsibilities\notherwise assigned to the unit owners’ association, the officers, or the\nexecutive board shall be subject to liability as fiduciaries of the unit owners\nfor their action or omissions during the period of declarant control as\nspecified in the condominium instruments or, if not so specified, within such\nperiod as defined in this section. But no amendment to the condominium\ninstruments shall increase the scope of such authorization if there is any unit\nowner other than the declarant, and no such authorization shall be valid after\nthe time limit set by the condominium instruments or after units to which\nthree-fourths of the undivided interests in the common elements appertain have\nbeen conveyed, whichever occurs first. For the purposes of the preceding\nsentence only, the calculation of the fraction of undivided interest shall be\nbased upon the total undivided interests assigned or to be assigned to all units\nregistered with the Common Interest Community Board pursuant to subsection B of\n§ 55.1-1978 and described pursuant to subdivision A 4, B 2, or C 8 of\n§ 55.1-1916.\n\nB. The time limit initially set by the condominium instruments shall not exceed\nfive years in the case of an expandable condominium; three years in the case of\na condominium other than an expandable condominium, containing any convertible\nland; or two years in the case of any other condominium. Such time period shall\nbegin upon settlement of the first unit to be sold in any portion of the\ncondominium.\n\t\t\tNotwithstanding the foregoing, at the request of the declarant, such time\nlimits may be extended for a period not to exceed 15 years from the settlement\nof the first unit to be sold in any portion of the condominium or after units to\nwhich three-fourths of the undivided interests in the common elements appertain\nhave been conveyed, whichever occurs first, provided that (i) a special meeting\nis held prior to the expiration of the initial period of declarant control; (ii)\nat such special meeting, the extension of such time limits is approved by a\ntwo-thirds affirmative vote of the unit owners other than the declarant; and\n(iii) at such special meeting, there is an election of a warranty review\ncommittee consisting of no fewer than three persons unaffiliated with the\ndeclarant.\n\t\t\tPrior to any such vote, the declarant shall furnish to the unit owners in the\nnotice of such special meeting made in accordance with § 55.1-1949 a\nwritten statement in a form provided by the Common Interest Community Board that\ndiscloses that an affirmative vote extends the right of the declarant, or a\nmanaging agent or some other person selected by the declarant, to (a) appoint\nand remove some or all of the officers of the unit owners’ association or\nits executive board and (b) exercise powers and responsibilities otherwise\nassigned by the condominium instruments and by this chapter. In addition, such\nstatement shall contain both a notice of the effect of the extension of\ndeclarant control on the enforcement of the warranty against structural defects\nprovided by the declarant in accordance with § 55.1-1955 and a statement\nthat a unit owner is advised to exercise whatever due diligence the unit owner\ndeems necessary to protect his interest.\n\nC. If entered into any time prior to the expiration of the period of declarant\ncontrol, no contract or lease entered into with the declarant or any entity\ncontrolled by the declarant, management contract, employment contract, or lease\nof recreational or parking areas or facilities, which is directly or indirectly\nmade by or on behalf of the unit owners’ association, its executive board,\nor the unit owners as a group, shall be entered into for a period in excess of\ntwo years. Any such contract or agreement entered into on or after July 1, 1978,\nmay be terminated without penalty by the unit owners’ association or its\nexecutive board upon not less than 90 days’ written notice to the other\nparty given not later than 60 days after the expiration of the period of\ndeclarant control. Any such contract or agreement may be renewed for periods not\nin excess of two years; however, at the end of any two-year period the unit\nowners’ association or its executive board may terminate any further\nrenewals or extensions of such contract or agreement. The provisions of this\nsubsection shall not apply to any lease referred to in § 55.1-1910 or\nsubject to subsection E of § 55.1-1916.\n\nD. If entered into at any time prior to the expiration of the period of\ndeclarant control, any contract, lease, or agreement, other than those subject\nto the provisions of subsection C, may be entered into by or on behalf of the\nunit owners’ association, its executive board, or the unit owners as a\ngroup, if such contract, lease, or agreement is bona fide and is commercially\nreasonable to the unit owners’ association at the time entered into under\nthe circumstances.\n\nE. This section does not apply to any contract, incidental to the disposition of\na condominium unit, to provide to a unit owner for the duration of such unit\nowner’s life, or for any term in excess of one year, nursing services,\nmedical services, other health-related services, board and lodging and care as\nnecessary, or any combination of such services. The rule of property law known\nas the rule restricting unreasonable restraints on alienation shall not be\napplied to defeat any provision of the condominium instruments requiring that\nthe unit owners be parties to such contracts.\n\nF. If the unit owners’ association is not in existence or does not have\nofficers at the time of the creation of the condominium, the declarant shall,\nuntil there is such an association with such officers, have the power and the\nresponsibility to act in all instances where this chapter requires action by the\nunit owners’ association, its executive board, or any officer.\n\nG. Thirty days prior to the expiration of the period of declarant control, the\ndeclarant shall notify the governing body of the locality in which the\ncondominium is located of the forthcoming termination of declarant control.\nPrior to the expiration of the 30-day period, the local governing body or an\nagency designated by the local governing body shall advise the principal elected\nofficer of the condominium unit owners’ association of any outstanding\nviolations of applicable building codes or local ordinances or other\ndeficiencies of record.\n\nH. Within 45 days from the expiration of the period of declarant control, the\ndeclarant shall deliver to the president of the unit owners’ association\nor his designated agent (i) all unit owners’ association books and records\nheld by or controlled by the declarant, including minute books and all rules,\nregulations, and amendments to such rules and regulations that may have been\npromulgated; (ii) an accurate and complete statement of receipts and\nexpenditures prepared using the accrual method of accounting from the date of\nthe recording of the condominium instruments to the end of the regular\naccounting period immediately succeeding the first annual meeting of the unit\nowners, not to exceed 60 days from the date of the election; (iii) a copy of the\nlatest available approved plans and specifications for all improvements in the\nproject or as-built plans, if available; (iv) all association insurance policies\nthat are currently in force; (v) written unexpired warranties of the\ncontractors, subcontractors, suppliers, and manufacturers, if any; (vi)\ncontracts in which the association is a contracting party, if any; (vii) a list\nof manufacturers of paints, roofing materials, and other similar materials if\nspecified for use on the condominium property; and (viii) an inventory and\ndescription of stormwater facilities located on the common elements or which\notherwise serve the condominium and for which the unit owners’ association\nhas, or subsequently may have, maintenance, repair, or replacement\nresponsibility, together with the requirements for maintenance thereof.\n\t\t\tThe requirement for delivery of stormwater facility information required by\nclause (viii) shall be deemed satisfied by delivery to the association of a\nfinal site plan or final construction drawing showing stormwater facilities as\napproved by a local government jurisdiction and applicable recorded easements,\nor agreements if any, containing requirements for the maintenance, repair, or\nreplacement of the stormwater facilities.\n\t\t\tIf the unit owners’ association is managed by a management company in\nwhich the declarant, or its principals, have no pecuniary interest or management\nrole, then such management company shall have the responsibility to provide the\ndocuments and information required by clauses (i), (ii), (iv), and (vi).\n\nI. This section shall be strictly construed to protect the rights of the unit\nowners.\n\nHISTORY: 1974, c. 416, \u00a7 55-79.74; 1975, c. 415; 1978, c. 332; 1980, c. 738;\n1984, c. 601; 1985, c. 83; 1996, c. 977; 2008, cc. 851, 871; 2013, c. 599; 2019,\ncc. 712, 724.","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}}