{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-1956.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-1956.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-1956.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-1956.html"}],"law_id":76691,"edition_id":1,"section_id":76691,"structure_id":13236,"section_number":"55.1-1956","catch_line":"Control of common elements","history":"1974, c. 416, \u00a7 55-79.80; 1975, c. 415; 1981, c. 146; 1982, c. 195; 1991, c. 497; 1993, c. 667; 1996, c. 977; 2019, c. 712.","full_text":"A\n\nExcept to the extent prohibited, restricted, or limited by the condominium instruments, the unit owners’ association shall have the power to:1\n\nEmploy, dismiss, and replace agents and employees to exercise and discharge the powers and responsibilities of the association arising under § 55.1-1955;2\n\nMake or cause to be made additional improvements on and as a part of the common elements;3\n\nGrant or withhold approval of any action by one or more unit owners or other persons entitled to the occupancy of any unit that would change the exterior appearance of any unit or of any other portion of the condominium, or elect or provide for the appointment of an architectural control committee, the members of which must have the same qualifications as officers, to grant or withhold such approval; and4\n\nAcquire, hold, convey, and encumber title to real property, including condominium units, whether or not the association is incorporated.B\n\nExcept to the extent prohibited, restricted, or limited by the condominium instruments, the executive board of the unit owners’ association, if any, and if not, then the unit owners’ association itself, has the irrevocable power as attorney-in-fact on behalf of all the unit owners and their successors in title with respect to the common elements, including the right, in the name of the unit owners’ association, to (i) grant easements through the common elements and accept easements benefiting all or any portion of the condominium; (ii) assert, through litigation or otherwise, defend against, compromise, adjust, and settle any claims or actions related to common elements, other than claims against or actions involving the declarant during any period of declarant control reserved pursuant to subsection A of § 55.1-1943; and (iii) apply for any governmental approvals under state and local law.C\n\nThis section shall not be construed to prohibit the grant by the condominium instruments of other powers and responsibilities to the unit owners’ association or its executive board.","order_by":null,"text":{"0":{"id":275284,"text":"Except to the extent prohibited, restricted, or limited by the condominium instruments, the unit owners’ association shall have the power to:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":275285,"text":"Employ, dismiss, and replace agents and employees to exercise and discharge the powers and responsibilities of the association arising under § 55.1-1955;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":275286,"text":"Make or cause to be made additional improvements on and as a part of the common elements;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":275287,"text":"Grant or withhold approval of any action by one or more unit owners or other persons entitled to the occupancy of any unit that would change the exterior appearance of any unit or of any other portion of the condominium, or elect or provide for the appointment of an architectural control committee, the members of which must have the same qualifications as officers, to grant or withhold such approval; and","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":275288,"text":"Acquire, hold, convey, and encumber title to real property, including condominium units, whether or not the association is incorporated.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"B"},"5":{"id":275289,"text":"Except to the extent prohibited, restricted, or limited by the condominium instruments, the executive board of the unit owners’ association, if any, and if not, then the unit owners’ association itself, has the irrevocable power as attorney-in-fact on behalf of all the unit owners and their successors in title with respect to the common elements, including the right, in the name of the unit owners’ association, to (i) grant easements through the common elements and accept easements benefiting all or any portion of the condominium; (ii) assert, through litigation or otherwise, defend against, compromise, adjust, and settle any claims or actions related to common elements, other than claims against or actions involving the declarant during any period of declarant control reserved pursuant to subsection A of § 55.1-1943; and (iii) apply for any governmental approvals under state and local law.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A4","next_prefix":"C"},"6":{"id":275290,"text":"This section shall not be construed to prohibit the grant by the condominium instruments of other powers and responsibilities to the unit owners’ association or its executive board.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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; inspection","url":"\/55.1-1945\/","token":"55.1\/IV\/19\/3\/55.1-1945","metadata":false},{"id":86155,"structure_id":13236,"section_number":"55.1-1946","catch_line":"Management office","url":"\/55.1-1946\/","token":"55.1\/IV\/19\/3\/55.1-1946","metadata":false},{"id":64177,"structure_id":13236,"section_number":"55.1-1947","catch_line":"Transfer of special declarant rights","url":"\/55.1-1947\/","token":"55.1\/IV\/19\/3\/55.1-1947","metadata":false},{"id":54240,"structure_id":13236,"section_number":"55.1-1948","catch_line":"Declarants not succeeding to special declarant rights","url":"\/55.1-1948\/","token":"55.1\/IV\/19\/3\/55.1-1948","metadata":false},{"id":76863,"structure_id":13236,"section_number":"55.1-1949","catch_line":"Meetings of unit owners' association and executive board","url":"\/55.1-1949\/","token":"55.1\/IV\/19\/3\/55.1-1949","metadata":false},{"id":64649,"structure_id":13236,"section_number":"55.1-1950","catch_line":"Distribution of information by members","url":"\/55.1-1950\/","token":"55.1\/IV\/19\/3\/55.1-1950","metadata":false},{"id":63730,"structure_id":13236,"section_number":"55.1-1951","catch_line":"Display of the flag of the United States; necessary supporting structures; affirmative defense","url":"\/55.1-1951\/","token":"55.1\/IV\/19\/3\/55.1-1951","metadata":false},{"id":80764,"structure_id":13236,"section_number":"55.1-1951.1","catch_line":"Installation of solar energy collection devices","url":"\/55.1-1951.1\/","token":"55.1\/IV\/19\/3\/55.1-1951.1","metadata":false},{"id":70408,"structure_id":13236,"section_number":"55.1-1952","catch_line":"Meetings of unit owners' association and executive board; quorums","url":"\/55.1-1952\/","token":"55.1\/IV\/19\/3\/55.1-1952","metadata":false},{"id":64764,"structure_id":13236,"section_number":"55.1-1953","catch_line":"Meetings of unit owners' association and executive board; voting by unit owners; proxies","url":"\/55.1-1953\/","token":"55.1\/IV\/19\/3\/55.1-1953","metadata":false},{"id":69473,"structure_id":13236,"section_number":"55.1-1954","catch_line":"Officers","url":"\/55.1-1954\/","token":"55.1\/IV\/19\/3\/55.1-1954","metadata":false},{"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","url":"\/55.1-1955\/","token":"55.1\/IV\/19\/3\/55.1-1955","metadata":false},{"id":76691,"structure_id":13236,"section_number":"55.1-1956","catch_line":"Control of common elements","url":"\/55.1-1956\/","token":"55.1\/IV\/19\/3\/55.1-1956","metadata":false},{"id":86702,"structure_id":13236,"section_number":"55.1-1957","catch_line":"Common elements; notice of pesticide application","url":"\/55.1-1957\/","token":"55.1\/IV\/19\/3\/55.1-1957","metadata":false},{"id":66934,"structure_id":13236,"section_number":"55.1-1958","catch_line":"Tort and contract liability; judgment lien","url":"\/55.1-1958\/","token":"55.1\/IV\/19\/3\/55.1-1958","metadata":false},{"id":65547,"structure_id":13236,"section_number":"55.1-1959","catch_line":"Suspension of services for failure to pay assessments; corrective action; assessment of charges for violations; notice; hearing; adoption and enforcement of rules and regulations","url":"\/55.1-1959\/","token":"55.1\/IV\/19\/3\/55.1-1959","metadata":false},{"id":78546,"structure_id":13236,"section_number":"55.1-1960","catch_line":"Limitation of occupancy of a unit","url":"\/55.1-1960\/","token":"55.1\/IV\/19\/3\/55.1-1960","metadata":false},{"id":64065,"structure_id":13236,"section_number":"55.1-1960.1","catch_line":"Limitation of smoking in condominium","url":"\/55.1-1960.1\/","token":"55.1\/IV\/19\/3\/55.1-1960.1","metadata":false},{"id":62313,"structure_id":13236,"section_number":"55.1-1961","catch_line":"Use of for sale sign in connection with resale","url":"\/55.1-1961\/","token":"55.1\/IV\/19\/3\/55.1-1961","metadata":false},{"id":78887,"structure_id":13236,"section_number":"55.1-1962","catch_line":"Designation of authorized representative","url":"\/55.1-1962\/","token":"55.1\/IV\/19\/3\/55.1-1962","metadata":false},{"id":76748,"structure_id":13236,"section_number":"55.1-1962.1","catch_line":"Electric vehicle charging stations permitted","url":"\/55.1-1962.1\/","token":"55.1\/IV\/19\/3\/55.1-1962.1","metadata":false},{"id":71936,"structure_id":13236,"section_number":"55.1-1963","catch_line":"Insurance","url":"\/55.1-1963\/","token":"55.1\/IV\/19\/3\/55.1-1963","metadata":false},{"id":86524,"structure_id":13236,"section_number":"55.1-1964","catch_line":"Liability for common expenses; 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":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","url":"\/55.1-1955\/","token":"55.1\/IV\/19\/3\/55.1-1955","metadata":false},"next_section":{"id":86702,"structure_id":13236,"section_number":"55.1-1957","catch_line":"Common elements; notice of pesticide application","url":"\/55.1-1957\/","token":"55.1\/IV\/19\/3\/55.1-1957","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-1956\/","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 7 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 1981, chapter 146; in 1982, chapter 195; in 1991, chapter 497; in 1993, chapter 667; in 1996, chapter 977<\/a>; in 2019, chapter 712<\/a>.<\/p>","references":[{"id":75275,"section_number":"55.1-1905","catch_line":"Local ordinances; nonconforming conversion condominiums; applicability of Uniform Statewide Building Code; other regulations","order_by":null,"url":"\/55.1-1905\/"},{"id":74080,"section_number":"55.1-1915","catch_line":"Compliance with condominium instruments","order_by":null,"url":"\/55.1-1915\/"}],"refers_to":[{"id":84290,"section_number":"55.1-1943","catch_line":"Control of condominium by declarant","order_by":null,"url":"\/55.1-1943\/"},{"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\/"}],"permalink":{"id":246863,"object_type":"law","relational_id":76691,"identifier":"55.1-1956","token":"55.1\/IV\/19\/3\/55.1-1956","url":"\/55.1-1956\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-1956\/","token":"55.1\/IV\/19\/3\/55.1-1956","dublin_core":{"Title":"Control of common elements","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-1956","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except to the extent prohibited, restricted, or limited by the condominium<\/span> instruments, the unit owners<\/span>’ association shall have the power to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Employ, dismiss, and replace agents and employees to exercise and discharge the powers and responsibilities of the association arising under § 55.1-1955<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Make or cause to be made additional improvements on and as a part of the common elements<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Grant or withhold approval of any action by one or more unit owners<\/span> or other persons<\/span> entitled to the occupancy of any unit that would change the exterior appearance<\/span> of any unit or of any other portion of the condominium<\/span>, or elect or provide for the appointment of an architectural control committee, the members of which must have the same qualifications as officers<\/span>, to grant or withhold such approval; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Acquire, hold, convey, and encumber title to real property, including condominium units<\/span>, whether or not the association is incorporated. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Except to the extent prohibited, restricted, or limited by the condominium instruments, the executive board<\/span> of the unit owners<\/span>’ association, if any, and if not, then the unit owners<\/span>’ association itself, has the irrevocable power as attorney-in-fact<\/span><\/span> on behalf of all the unit owners<\/span> and their successors in title with respect to the common elements<\/span>, including the right, in the name of the unit owners<\/span>’ association, to (i) grant easements through the common elements<\/span> and accept easements benefiting all or any portion of the condominium; (ii) assert, through litigation<\/span> or otherwise, defend against, compromise, adjust, and settle any claims or actions related to common elements<\/span>, other than claims against or actions involving the declarant<\/span> during any period of declarant<\/span> control reserved pursuant to subsection A of § 55.1-1943<\/a>; and (iii) apply for any governmental approvals under state and local law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> This section shall not be construed to prohibit the grant by the condominium instruments of other powers and responsibilities to the unit owners<\/span>’ association or its executive board<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONTROL OF COMMON ELEMENTS (\u00a7 55.1-1956)\n\nA. Except to the extent prohibited, restricted, or limited by the condominium\ninstruments, the unit owners’ association shall have the power to:\n\n 1. Employ, dismiss, and replace agents and employees to exercise and discharge\n the powers and responsibilities of the association arising under §\n 55.1-1955;\n\n 2. Make or cause to be made additional improvements on and as a part of the\n common elements;\n\n 3. Grant or withhold approval of any action by one or more unit owners or\n other persons entitled to the occupancy of any unit that would change the\n exterior appearance of any unit or of any other portion of the condominium, or\n elect or provide for the appointment of an architectural control committee,\n the members of which must have the same qualifications as officers, to grant\n or withhold such approval; and\n\n 4. Acquire, hold, convey, and encumber title to real property, including\n condominium units, whether or not the association is incorporated.\n\nB. Except to the extent prohibited, restricted, or limited by the condominium\ninstruments, the executive board of the unit owners’ association, if any,\nand if not, then the unit owners’ association itself, has the irrevocable\npower as attorney-in-fact on behalf of all the unit owners and their successors\nin title with respect to the common elements, including the right, in the name\nof the unit owners’ association, to (i) grant easements through the common\nelements and accept easements benefiting all or any portion of the condominium;\n(ii) assert, through litigation or otherwise, defend against, compromise,\nadjust, and settle any claims or actions related to common elements, other than\nclaims against or actions involving the declarant during any period of declarant\ncontrol reserved pursuant to subsection A of § 55.1-1943; and (iii) apply\nfor any governmental approvals under state and local law.\n\nC. This section shall not be construed to prohibit the grant by the condominium\ninstruments of other powers and responsibilities to the unit owners’\nassociation or its executive board.\n\nHISTORY: 1974, c. 416, \u00a7 55-79.80; 1975, c. 415; 1981, c. 146; 1982, c. 195;\n1991, c. 497; 1993, c. 667; 1996, c. 977; 2019, c. 712.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}