{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-1955.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-1955.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-1955.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-1955.html"}],"law_id":85997,"edition_id":1,"section_id":85997,"structure_id":13236,"section_number":"55.1-1955","catch_line":"Upkeep of condominiums; warranty against structural defects; statute of limitations for warranty; warranty review committee","history":"1974, c. 416, \u00a7 55-79.79; 1975, c. 415; 1980, c. 386; 1982, c. 545; 1984, c. 347; 1987, c. 395; 2006, c. 646; 2008, cc. 851, 871; 2013, c. 599; 2019, c. 712.","full_text":"A\n\nExcept to the extent otherwise provided by the condominium instruments, all powers and responsibilities, including financial responsibility, with regard to maintenance, repair, renovation, restoration, and replacement of the condominium shall belong (i) to the unit owners’ association in the case of the common elements and (ii) to the individual unit owner in the case of any unit or any part of such unit, except to the extent that the need for repairs, renovation, restoration, or replacement arises from a condition originating in or through the common elements or any apparatus located within the common elements, in which case the unit owners’ association shall have such powers and responsibilities. Each unit owner shall afford to the other unit owners and to the unit owners’ association and to any agents or employees of either such access through his unit as may be reasonably necessary to enable them to exercise and discharge their respective powers and responsibilities. To the extent that damage is inflicted on the common elements or any unit through which access is taken, the unit owner causing the same, or the unit owners’ association if it caused the damage, shall be liable for the prompt repair of such damage.B\n\nNotwithstanding anything in this section to the contrary, the declarant shall warrant or guarantee against structural defects each of the units for two years from the date each is conveyed and all of the common elements for two years. For each unit, the declarant shall also warrant that the unit is fit for habitation in the case of a residential unit and constructed in a workmanlike manner so as to pass without objection in the trade. The two-year warranty as to each of the common elements begins whenever that common element has been completed or, if later, (i) as to any common element within any additional land or portion of the additional land, at the time the first unit in that additional land is conveyed; (ii) as to any common element within any convertible land or portion of the convertible land, at the time the first unit in the convertible land is conveyed; and (iii) as to any common element within any other portion of the condominium, at the time the first unit in that portion is conveyed. For the purposes of this subsection, no unit shall be deemed conveyed unless conveyed to a bona fide purchaser. Any conveyance of a condominium unit transfers to the purchaser all of the declarant’s warranties against structural defects imposed by this subsection. For the purposes of this subsection, structural defects shall be those defects in components constituting any unit or common element that reduce the stability or safety of the structure below accepted standards or restrict the normal intended use of all or part of the structure and that require repair, renovation, restoration, or replacement. Nothing in this subsection shall be construed to make the declarant responsible for any items of maintenance relating to the units or common elements.C\n\nAn action for breach of any warranty prescribed by this section shall begin within (i) five years after the date such warranty period began or (ii) one year after the formation of any warranty review committee pursuant to subsection B of § 55.1-1943, whichever occurs last. However, no such action shall be maintained against the declarant unless a written statement by the claimant, or his agent, attorney, or representative, of the nature of the alleged defect has been sent to the declarant by registered or certified mail at his last known address, as reflected in the records of the Common Interest Community Board, more than six months prior to the beginning of the action giving the declarant an opportunity to cure the alleged defect within a reasonable time, not to exceed five months. Sending the notice required by this subsection shall toll the statute of limitations for beginning a breach of warranty action for a period not to exceed six months.D\n\nIf the initial period of declarant control has been extended in accordance with subsection B of \u00a7 55.1-1943, the warranty review committee, referred to in this section as “the committee,” shall have (i) subject to the provisions of subdivision 3, the irrevocable power as attorney-in-fact on behalf of the unit owners’ association to assert or settle in the name of the unit owners’ association any claims involving the declarant’s warranty against structural defects with respect to all of the common elements and (ii) the authority to levy an additional assessment against all of the units in proportion to their respective undivided interests in the common elements pursuant to \u00a7 55.1-1964 if the committee determines that the assessments levied by the unit owners’ association are insufficient to enable the committee reasonably to perform its functions pursuant to this subsection. The committee or the declarant shall notify the governing body of the locality in which the condominium is located of the formation of the committee within 30 days of its formation. Within 30 days after such notice, the local governing body or an agency designated by the local governing body shall advise the chair of the committee of any outstanding violations of applicable building codes, local ordinances, or other deficiencies of record. Members of the committee shall be insured, indemnified, and subject to liability to the same extent as officers or directors under the condominium instruments or applicable law. The unit owners’ association shall provide sufficient funds reasonably necessary for the committee to perform the functions set out in this subsection and to:1\n\nEngage an independent architect, engineer, legal counsel, and such other experts as the committee may reasonably determine;2\n\nInvestigate whether there exists any breach of the warranty as to any of the common elements. The committee shall document its findings and the evidence that supports such findings. Such findings and evidence shall be confidential and shall not be disclosed to the declarant without the consent of the committee; and3\n\nAssert or settle in the name of the unit owners’ association any claims involving the declarant’s warranty on the common elements, provided that (i) the committee sends the declarant at least six months prior to the expiration of the statute of limitations a written statement pursuant to subsection C of the alleged nature of any defect in the common elements giving the declarant an opportunity to cure the alleged defect; (ii) the declarant fails to cure the alleged defect within a reasonable time; and (iii) the declarant control period or the statute of limitations has not expired.E\n\nWithin 45 days after the formation of the committee, the declarant shall deliver to the chair of the committee (i) a copy of the latest available approved plans and specifications for all improvements in the project or as-built plans if available; (ii) all association insurance policies that are currently in force; (iii) any written unexpired warranties of the contractors, subcontractors, suppliers, and manufacturers applicable to the condominium; and (iv) a list of manufacturers of paints, roofing materials, and other similar materials if specified for use on the condominium property.","order_by":null,"text":{"0":{"id":307997,"text":"Except to the extent otherwise provided by the condominium instruments, all powers and responsibilities, including financial responsibility, with regard to maintenance, repair, renovation, restoration, and replacement of the condominium shall belong (i) to the unit owners’ association in the case of the common elements and (ii) to the individual unit owner in the case of any unit or any part of such unit, except to the extent that the need for repairs, renovation, restoration, or replacement arises from a condition originating in or through the common elements or any apparatus located within the common elements, in which case the unit owners’ association shall have such powers and responsibilities. Each unit owner shall afford to the other unit owners and to the unit owners’ association and to any agents or employees of either such access through his unit as may be reasonably necessary to enable them to exercise and discharge their respective powers and responsibilities. To the extent that damage is inflicted on the common elements or any unit through which access is taken, the unit owner causing the same, or the unit owners’ association if it caused the damage, shall be liable for the prompt repair of such damage.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":307998,"text":"Notwithstanding anything in this section to the contrary, the declarant shall warrant or guarantee against structural defects each of the units for two years from the date each is conveyed and all of the common elements for two years. For each unit, the declarant shall also warrant that the unit is fit for habitation in the case of a residential unit and constructed in a workmanlike manner so as to pass without objection in the trade. The two-year warranty as to each of the common elements begins whenever that common element has been completed or, if later, (i) as to any common element within any additional land or portion of the additional land, at the time the first unit in that additional land is conveyed; (ii) as to any common element within any convertible land or portion of the convertible land, at the time the first unit in the convertible land is conveyed; and (iii) as to any common element within any other portion of the condominium, at the time the first unit in that portion is conveyed. For the purposes of this subsection, no unit shall be deemed conveyed unless conveyed to a bona fide purchaser. Any conveyance of a condominium unit transfers to the purchaser all of the declarant’s warranties against structural defects imposed by this subsection. For the purposes of this subsection, structural defects shall be those defects in components constituting any unit or common element that reduce the stability or safety of the structure below accepted standards or restrict the normal intended use of all or part of the structure and that require repair, renovation, restoration, or replacement. Nothing in this subsection shall be construed to make the declarant responsible for any items of maintenance relating to the units or common elements.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":307999,"text":"An action for breach of any warranty prescribed by this section shall begin within (i) five years after the date such warranty period began or (ii) one year after the formation of any warranty review committee pursuant to subsection B of § 55.1-1943, whichever occurs last. However, no such action shall be maintained against the declarant unless a written statement by the claimant, or his agent, attorney, or representative, of the nature of the alleged defect has been sent to the declarant by registered or certified mail at his last known address, as reflected in the records of the Common Interest Community Board, more than six months prior to the beginning of the action giving the declarant an opportunity to cure the alleged defect within a reasonable time, not to exceed five months. Sending the notice required by this subsection shall toll the statute of limitations for beginning a breach of warranty action for a period not to exceed six months.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":308000,"text":"If the initial period of declarant control has been extended in accordance with subsection B of \u00a7 55.1-1943, the warranty review committee, referred to in this section as “the committee,” shall have (i) subject to the provisions of subdivision 3, the irrevocable power as attorney-in-fact on behalf of the unit owners’ association to assert or settle in the name of the unit owners’ association any claims involving the declarant’s warranty against structural defects with respect to all of the common elements and (ii) the authority to levy an additional assessment against all of the units in proportion to their respective undivided interests in the common elements pursuant to \u00a7 55.1-1964 if the committee determines that the assessments levied by the unit owners’ association are insufficient to enable the committee reasonably to perform its functions pursuant to this subsection. The committee or the declarant shall notify the governing body of the locality in which the condominium is located of the formation of the committee within 30 days of its formation. Within 30 days after such notice, the local governing body or an agency designated by the local governing body shall advise the chair of the committee of any outstanding violations of applicable building codes, local ordinances, or other deficiencies of record. Members of the committee shall be insured, indemnified, and subject to liability to the same extent as officers or directors under the condominium instruments or applicable law. The unit owners’ association shall provide sufficient funds reasonably necessary for the committee to perform the functions set out in this subsection and to:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"4":{"id":308001,"text":"Engage an independent architect, engineer, legal counsel, and such other experts as the committee may reasonably determine;","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"5":{"id":308002,"text":"Investigate whether there exists any breach of the warranty as to any of the common elements. The committee shall document its findings and the evidence that supports such findings. Such findings and evidence shall be confidential and shall not be disclosed to the declarant without the consent of the committee; and","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"6":{"id":308003,"text":"Assert or settle in the name of the unit owners’ association any claims involving the declarant’s warranty on the common elements, provided that (i) the committee sends the declarant at least six months prior to the expiration of the statute of limitations a written statement pursuant to subsection C of the alleged nature of any defect in the common elements giving the declarant an opportunity to cure the alleged defect; (ii) the declarant fails to cure the alleged defect within a reasonable time; and (iii) the declarant control period or the statute of limitations has not expired.","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"E"},"7":{"id":308004,"text":"Within 45 days after the formation of the committee, the declarant shall deliver to the chair of the committee (i) a copy of the latest available approved plans and specifications for all improvements in the project or as-built plans if available; (ii) all association insurance policies that are currently in force; (iii) any written unexpired warranties of the contractors, subcontractors, suppliers, and manufacturers applicable to the condominium; and (iv) a list of manufacturers of paints, roofing materials, and other similar materials if specified for use on the condominium property.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D3"}},"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; 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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 1980, chapter 386; in 1982, chapter 545; in 1984, chapter 347; in 1987, chapter 395; in 2006, chapter 646<\/a>; in 2008, chapters 851<\/a> and 871<\/a>; in 2013, chapter 599<\/a>; in 2019, chapter 712<\/a>.<\/p>","references":[{"id":76143,"section_number":"55.1-1901","catch_line":"Application and construction of chapter","order_by":null,"url":"\/55.1-1901\/"},{"id":84290,"section_number":"55.1-1943","catch_line":"Control of condominium by declarant","order_by":null,"url":"\/55.1-1943\/"},{"id":64177,"section_number":"55.1-1947","catch_line":"Transfer of special declarant rights","order_by":null,"url":"\/55.1-1947\/"},{"id":76691,"section_number":"55.1-1956","catch_line":"Control of common elements","order_by":null,"url":"\/55.1-1956\/"},{"id":85082,"section_number":"55.1-1976","catch_line":"Public offering statement; condominium securities","order_by":null,"url":"\/55.1-1976\/"}],"refers_to":[{"id":84290,"section_number":"55.1-1943","catch_line":"Control of condominium by declarant","order_by":null,"url":"\/55.1-1943\/"},{"id":86524,"section_number":"55.1-1964","catch_line":"Liability for common expenses; late fees; additional assessment; authority to borrow","order_by":null,"url":"\/55.1-1964\/"}],"permalink":{"id":246859,"object_type":"law","relational_id":85997,"identifier":"55.1-1955","token":"55.1\/IV\/19\/3\/55.1-1955","url":"\/55.1-1955\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-1955\/","token":"55.1\/IV\/19\/3\/55.1-1955","dublin_core":{"Title":"Upkeep of condominiums; warranty against structural defects; statute of limitations for warranty; warranty review committee","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-1955","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except to the extent otherwise provided by the condominium<\/span> instruments, all powers and responsibilities, including financial responsibility, with regard to maintenance, repair, renovation, restoration, and replacement of the condominium<\/span> shall belong (i) to the unit owners<\/span>’ association in the case of the common elements<\/span> and (ii) to the individual unit owner<\/span> in the case of any unit or any part of such unit, except to the extent that the need for repairs, renovation, restoration, or replacement arises from a condition originating in or through the common elements<\/span> or any apparatus located within the common elements<\/span>, in which case the unit owners<\/span>’ association shall have such powers and responsibilities. Each unit owner<\/span> shall afford to the other unit owners<\/span> and to the unit owners<\/span>’ association and to any agents or employees of either such access through his unit as may be reasonably necessary to enable them to exercise and discharge their respective powers and responsibilities. To the extent that damage is inflicted on the common elements<\/span> or any unit through which access is taken, the unit owner<\/span> causing the same, or the unit owners<\/span>’ association if it caused the damage, shall be liable for the prompt repair of such damage. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Notwithstanding anything in this section to the contrary, the declarant<\/span> shall warrant or guarantee against structural defects each of the units<\/span> for two years from the date each is conveyed and all of the common elements<\/span> for two years. For each unit, the declarant<\/span> shall also warrant that the unit is fit for habitation in the case of a residential unit and constructed in a workmanlike manner so as to pass without objection in the trade. The two-year warranty as to each of the common elements<\/span> begins whenever that common element has been completed or, if later, (i) as to any common element within any additional land or portion of the additional land, at the time the first unit in that additional land is conveyed; (ii) as to any common element within any convertible land<\/span> or portion of the convertible land<\/span>, at the time the first unit in the convertible land<\/span> is conveyed; and (iii) as to any common element within any other portion of the condominium, at the time the first unit in that portion is conveyed. For the purposes of this subsection, no unit shall be deemed conveyed unless conveyed to a bona fide purchaser<\/span>. Any conveyance of a condominium unit<\/span> transfers to the purchaser<\/span> all of the declarant<\/span>’s warranties against structural defects imposed by this subsection. For the purposes of this subsection, structural defects shall be those defects in components constituting any unit or common element that reduce the stability or safety of the structure below accepted standards or restrict the normal intended use of all or part of the structure and that require repair, renovation, restoration, or replacement. Nothing in this subsection shall be construed to make the declarant<\/span> responsible for any items of maintenance relating to the units<\/span> or common elements<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> An action for breach of any warranty prescribed by this section shall begin within (i) five years after the date such warranty period began or (ii) one year after the formation of any warranty review committee pursuant to subsection B of § 55.1-1943<\/a>, whichever occurs last. However, no such action shall be maintained against the declarant<\/span> unless a written statement by the claimant, or his agent, attorney, or representative, of the nature of the alleged defect has been sent to the declarant<\/span> by registered or certified mail at his last known address, as reflected in the records of the Common Interest Community Board, more than six months prior to the beginning of the action giving the declarant<\/span> an opportunity to cure the alleged defect within a reasonable time, not to exceed five months. Sending the notice required by this subsection shall toll the statute of limitations<\/span> for beginning a breach of warranty action for a period not to exceed six months. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If the initial period of declarant<\/span> control has been extended in accordance with subsection B of \u00a7 55.1-1943<\/a>, the warranty review committee, referred to in this section as “the committee,” shall have (i) subject to the provisions of subdivision 3, the irrevocable power as attorney-in-fact<\/span><\/span> on behalf of the unit owners<\/span>’ association to assert or settle in the name of the unit owners<\/span>’ association any claims involving the declarant<\/span>’s warranty against structural defects with respect to all of the common elements<\/span> and (ii) the authority to levy<\/span> an additional assessment against all of the units<\/span> in proportion to their respective undivided interests in the common elements<\/span> pursuant to \u00a7 55.1-1964<\/a> if the committee determines that the assessments levied by the unit owners<\/span>’ association are insufficient to enable the committee reasonably to perform its functions pursuant to this subsection. The committee or the declarant<\/span> shall notify the governing body of the locality in which the condominium is located of the formation of the committee within 30 days of its formation. Within 30 days after such notice, the local governing body or an agency designated by the local governing body shall advise the chair of the committee of any outstanding violations of applicable building codes, local ordinances<\/span>, or other deficiencies of record. Members of the committee shall be insured, indemnified, and subject to liability to the same extent as officers<\/span> or directors under the condominium instruments or applicable law<\/span>. The unit owners<\/span>’ association shall provide sufficient funds reasonably necessary for the committee to perform the functions set out in this subsection and to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Engage an independent architect, engineer, legal counsel<\/span>, and such other experts as the committee may reasonably determine; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Investigate whether there exists any breach of the warranty as to any of the common elements<\/span>. The committee shall document its findings<\/span> and the evidence<\/span> that supports such findings<\/span>. Such findings<\/span> and evidence<\/span> shall be confidential and shall not be disclosed to the declarant<\/span> without the consent of the committee; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Assert or settle in the name of the unit owners<\/span>’ association any claims involving the declarant<\/span>’s warranty on the common elements<\/span>, provided that (i) the committee sends the declarant<\/span> at least six months prior to the expiration of the statute of limitations<\/span> a written statement pursuant to subsection C of the alleged nature of any defect in the common elements<\/span> giving the declarant<\/span> an opportunity to cure the alleged defect; (ii) the declarant<\/span> fails to cure the alleged defect within a reasonable time; and (iii) the declarant<\/span> control period or the statute of limitations<\/span> has not expired. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Within 45 days after the formation of the committee, the declarant<\/span> shall deliver to the chair of the committee (i) a copy of the latest available approved plans and specifications for all improvements in the project or as-built plans if available; (ii) all association insurance policies that are currently in force; (iii) any written unexpired warranties of the contractors, subcontractors, suppliers, and manufacturers applicable to the condominium; and (iv) a list of manufacturers of paints, roofing materials<\/span>, and other similar materials<\/span> if specified for use on the condominium property. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nUPKEEP OF CONDOMINIUMS; WARRANTY AGAINST STRUCTURAL DEFECTS; STATUTE OF\nLIMITATIONS FOR WARRANTY; WARRANTY REVIEW COMMITTEE (\u00a7 55.1-1955)\n\nA. Except to the extent otherwise provided by the condominium instruments, all\npowers and responsibilities, including financial responsibility, with regard to\nmaintenance, repair, renovation, restoration, and replacement of the condominium\nshall belong (i) to the unit owners’ association in the case of the common\nelements and (ii) to the individual unit owner in the case of any unit or any\npart of such unit, except to the extent that the need for repairs, renovation,\nrestoration, or replacement arises from a condition originating in or through\nthe common elements or any apparatus located within the common elements, in\nwhich case the unit owners’ association shall have such powers and\nresponsibilities. Each unit owner shall afford to the other unit owners and to\nthe unit owners’ association and to any agents or employees of either such\naccess through his unit as may be reasonably necessary to enable them to\nexercise and discharge their respective powers and responsibilities. To the\nextent that damage is inflicted on the common elements or any unit through which\naccess is taken, the unit owner causing the same, or the unit owners’\nassociation if it caused the damage, shall be liable for the prompt repair of\nsuch damage.\n\nB. Notwithstanding anything in this section to the contrary, the declarant shall\nwarrant or guarantee against structural defects each of the units for two years\nfrom the date each is conveyed and all of the common elements for two years. For\neach unit, the declarant shall also warrant that the unit is fit for habitation\nin the case of a residential unit and constructed in a workmanlike manner so as\nto pass without objection in the trade. The two-year warranty as to each of the\ncommon elements begins whenever that common element has been completed or, if\nlater, (i) as to any common element within any additional land or portion of the\nadditional land, at the time the first unit in that additional land is conveyed;\n(ii) as to any common element within any convertible land or portion of the\nconvertible land, at the time the first unit in the convertible land is\nconveyed; and (iii) as to any common element within any other portion of the\ncondominium, at the time the first unit in that portion is conveyed. For the\npurposes of this subsection, no unit shall be deemed conveyed unless conveyed to\na bona fide purchaser. Any conveyance of a condominium unit transfers to the\npurchaser all of the declarant’s warranties against structural defects\nimposed by this subsection. For the purposes of this subsection, structural\ndefects shall be those defects in components constituting any unit or common\nelement that reduce the stability or safety of the structure below accepted\nstandards or restrict the normal intended use of all or part of the structure\nand that require repair, renovation, restoration, or replacement. Nothing in\nthis subsection shall be construed to make the declarant responsible for any\nitems of maintenance relating to the units or common elements.\n\nC. An action for breach of any warranty prescribed by this section shall begin\nwithin (i) five years after the date such warranty period began or (ii) one year\nafter the formation of any warranty review committee pursuant to subsection B of\n§ 55.1-1943, whichever occurs last. However, no such action shall be\nmaintained against the declarant unless a written statement by the claimant, or\nhis agent, attorney, or representative, of the nature of the alleged defect has\nbeen sent to the declarant by registered or certified mail at his last known\naddress, as reflected in the records of the Common Interest Community Board,\nmore than six months prior to the beginning of the action giving the declarant\nan opportunity to cure the alleged defect within a reasonable time, not to\nexceed five months. Sending the notice required by this subsection shall toll\nthe statute of limitations for beginning a breach of warranty action for a\nperiod not to exceed six months.\n\nD. If the initial period of declarant control has been extended in accordance\nwith subsection B of \u00a7 55.1-1943, the warranty review committee, referred to in\nthis section as “the committee,” shall have (i) subject to the\nprovisions of subdivision 3, the irrevocable power as attorney-in-fact on behalf\nof the unit owners’ association to assert or settle in the name of the\nunit owners’ association any claims involving the declarant’s\nwarranty against structural defects with respect to all of the common elements\nand (ii) the authority to levy an additional assessment against all of the units\nin proportion to their respective undivided interests in the common elements\npursuant to \u00a7 55.1-1964 if the committee determines that the assessments levied\nby the unit owners’ association are insufficient to enable the committee\nreasonably to perform its functions pursuant to this subsection. The committee\nor the declarant shall notify the governing body of the locality in which the\ncondominium is located of the formation of the committee within 30 days of its\nformation. Within 30 days after such notice, the local governing body or an\nagency designated by the local governing body shall advise the chair of the\ncommittee of any outstanding violations of applicable building codes, local\nordinances, or other deficiencies of record. Members of the committee shall be\ninsured, indemnified, and subject to liability to the same extent as officers or\ndirectors under the condominium instruments or applicable law. The unit\nowners’ association shall provide sufficient funds reasonably necessary\nfor the committee to perform the functions set out in this subsection and to:\n\n 1. Engage an independent architect, engineer, legal counsel, and such other\n experts as the committee may reasonably determine;\n\n 2. Investigate whether there exists any breach of the warranty as to any of\n the common elements. The committee shall document its findings and the\n evidence that supports such findings. Such findings and evidence shall be\n confidential and shall not be disclosed to the declarant without the consent\n of the committee; and\n\n 3. Assert or settle in the name of the unit owners’ association any\n claims involving the declarant’s warranty on the common elements,\n provided that (i) the committee sends the declarant at least six months prior\n to the expiration of the statute of limitations a written statement pursuant\n to subsection C of the alleged nature of any defect in the common elements\n giving the declarant an opportunity to cure the alleged defect; (ii) the\n declarant fails to cure the alleged defect within a reasonable time; and (iii)\n the declarant control period or the statute of limitations has not expired.\n\nE. Within 45 days after the formation of the committee, the declarant shall\ndeliver to the chair of the committee (i) a copy of the latest available\napproved plans and specifications for all improvements in the project or\nas-built plans if available; (ii) all association insurance policies that are\ncurrently in force; (iii) any written unexpired warranties of the contractors,\nsubcontractors, suppliers, and manufacturers applicable to the condominium; and\n(iv) a list of manufacturers of paints, roofing materials, and other similar\nmaterials if specified for use on the condominium property.\n\nHISTORY: 1974, c. 416, \u00a7 55-79.79; 1975, c. 415; 1980, c. 386; 1982, c. 545;\n1984, c. 347; 1987, c. 395; 2006, c. 646; 2008, cc. 851, 871; 2013, c. 599;\n2019, c. 712.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}