{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-1982.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-1982.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-1982.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-1982.html"}],"law_id":64581,"edition_id":1,"section_id":64581,"structure_id":15581,"section_number":"55.1-1982","catch_line":"Conversion condominiums; special provisions","history":"1974, c. 416, \u00a7 55-79.94; 1975, c. 415; 1980, cc. 727, 738; 1981, cc. 455, 503; 1982, cc. 273, 475, 663; 1983, c. 310; 1984, cc. 321, 601; 1985, c. 69; 1987, c. 412; 1988, c. 723; 1989, c. 398; 1991, c. 497; 1993, c. 634; 2007, cc. 602, 665; 2019, c. 712.","full_text":"A\n\nFor the purposes of this section:\n\t\t\t“Affordable rent” means a monthly rent that does not exceed the greater of 30 percent of the annual gross income of the tenant household or 30 percent of the imputed income limit applicable to such unit size, as published by the Virginia Housing Development Authority for compliance with the Low Income Housing Tax Credit program.\n\t\t\t“Certified nonprofit housing corporation” means a nonprofit organization exempt from taxation under § 501(c)(3) of the Internal Revenue Code that has been certified by a locality as actively engaged in producing or preserving affordable housing as determined by criteria established by the locality.\n\t\t\t“Disabled” means a person suffering from a severe, chronic physical or mental impairment that results in substantial functional imitations.\n\t\t\t“Elderly” means a person not less than 62 years of age.B\n\nAny declarant of a conversion condominium shall include in his public offering statement in addition to the requirements of \u00a7 55.1-1976 the following:1\n\nA specific statement of the amount of any initial or special condominium fee due from the purchaser on or before settlement of the purchase contract and the basis of such fee;2\n\nInformation on the actual expenditures made on all repairs, maintenance, operation, or upkeep of the subject building within the last three years, set forth in a tabular format with the proposed budget of the condominium and cumulatively broken down on a per unit basis in proportion to the relative voting strengths allocated to the units by the bylaws. If such building has not been occupied for a period of three years, then the information shall be set forth for the maximum period such building has been occupied;3\n\nA description of any provisions made in the budget for reserves for capital expenditures and an explanation of the basis for such reserves, or, if no provision is made for such reserves, a statement to that effect;4\n\nA statement of the declarant as to the present condition of all structural components and major utility installations in the condominium, including the approximate dates of construction, installation, and major repairs and the expected useful life of each such item, together with the estimated cost of replacing each such item;5\n\nIf any building included or that may be included in the condominium was substantially completed prior to July 1, 1978, a statement that each such building has been inspected for asbestos in accordance with standards in effect at the time of inspection, or that an asbestos inspection will be conducted, and whether asbestos requiring response actions has been found and, if found, that response actions have been or will be completed in accordance with applicable standards prior to the conveyance of any unit in such building. Any asbestos management program or response action undertaken by the building owner shall comply with the standards promulgated pursuant to § 2.2-1164.C\n\nIn the case of a conversion condominium, the declarant shall give, at the time specified in subsection D, formal notice to each of the tenants of the building that the declarant has submitted or intends to submit to the provisions of this chapter. This notice shall advise each tenant of (i) the offering price of the unit he occupies; (ii) the projected common expense assessments against that unit for at least the first year of the condominium’s operation; (iii) any relocation services or assistance, public or private, of which the declarant is aware; (iv) any measures taken or to be taken by the declarant to reduce the incidence of tenant dislocation; and (v) the details of the relocation plan, if any is provided by the declarant, to assist tenants in relocating. During the first 60 days after such notice is mailed or hand delivered, each of the tenants shall have the exclusive right to purchase the unit he occupies, but only if such unit is to be retained in the conversion condominium without substantial alteration in its physical layout. If the conversion condominium is subject to local ordinances that have been adopted pursuant to subsections G and H, any tenant who is disabled or elderly may assign the exclusive right to purchase his unit to a governmental agency, housing authority, or certified nonprofit housing corporation, which shall then offer the tenant a lease at an affordable rent, following the provisions of subsection G. The acquisition of such units by the governmental agency, housing authority, or certified nonprofit housing corporation shall not (a) exceed the greater of one unit or five percent of the total number of units in the condominium or (b) impede the condominium conversion process. In determining which, if any, units shall be acquired pursuant to this subsection, preference shall be given to elderly or disabled tenants.\n\t\t\tThe notice required in this subsection shall be hand delivered or sent by first-class mail, return receipt requested, and shall inform the tenants of the conversion to condominium. Such notice may also constitute the notice to terminate the tenancy as provided for in § 55.1-1410, except that, despite the provisions of § 55.1-1410, a tenancy from month-to-month may only be terminated upon 120 days’ notice when such termination is in regard to the creation of a conversion condominium. If, however, a tenant so notified remains in possession of the unit he occupies after the expiration of the 120-day period with the permission of the declarant, in order to then terminate the tenancy, such declarant shall give the tenant a further notice as provided in § 55.1-1410. Until the expiration of the 120-day period, the declarant shall have no right of access to the unit except as provided by subsection A of § 55.1-1229 and except that, upon 45 days’ written notice to the tenant, the declarant may enter the unit in order to make additional repairs, decorations, alterations, or improvements, provided that (i) the making of the same does not constitute an actual or constructive eviction of the tenant and (ii) such entry is made either with the consent of the tenant or only at times when the tenant is absent from the unit. The declarant shall also provide general notice to the tenants of the condominium or proposed condominium at the time of application to the Common Interest Community Board in addition to the formal notice required by this subsection.D\n\nThe declarant of a conversion condominium shall, in addition to the requirements of § 55.1-1975, include with the application for registration a copy of the formal notice set forth in subsection C and a certified statement that such notice, fully complying with the provisions of subsection C, shall be at the time of the registration of such condominium mailed or delivered to each of the tenants in the building for which registration is sought. The price and projected common expense assessments for each unit need not be filed with the Common Interest Community Board until such notice is mailed to the tenants.E\n\nNotwithstanding the provisions of § 55.1-1901, in the case of any conversion condominium created under the provisions of the Horizontal Property Act (§ 55.1-2000 et seq.) for which a final report has not been issued by the Common Interest Community Board pursuant to former § 55-79.21 prior to June 1, 1975, the provisions of subsections B and C shall apply and the declarant shall be required to furnish evidence of full compliance with subsections B and C prior to the issuance by the Common Interest Community Board of a final report for such conversion condominium.F\n\nAny locality may require by ordinance that the declarant of a conversion condominium file with that governing body all information that is required by the Common Interest Community Board pursuant to § 55.1-1975 and a copy of the formal notice required by subsection C. Such information shall be filed with that governing body when the application for registration is filed with the Common Interest Community Board, and such copy of the formal notice shall be filed with that governing body. There shall be no fees for such filings.G\n\nThe governing body of any locality may enact an ordinance requiring that elderly or disabled tenants occupying as their residence, at the time of issuance of the general notice required by subsection C, apartments or units in a conversion condominium be offered leases or extensions of leases on the apartments or units they then occupied, or on other apartments or units of at least equal size and overall quality. The terms and conditions of such leases or extensions shall be as agreed upon by the lessor and the lessee, provided that the rent for such apartment or unit shall not be in excess of reasonable rent for comparable apartments or units in the same market area as such conversion condominium and such lease shall include or incorporate by reference the bylaws or rules and regulations, if any, of the association. No such ordinance shall require that such leases or extensions be offered on more than 20 percent of the apartments or units in such conversion condominium, nor shall any such ordinance require that such leases or extensions extend beyond three years from the date of such notice. Such leases or extensions shall not be required, however, in the case of any apartments or units that will in the course of the conversion be substantially altered in the physical layout, restricted exclusively to nonresidential use, or be converted in such a manner as to require relocation of the tenant in premises outside of the project being converted.H\n\nThe governing body of any county utilizing the optional urban county executive form of government (§ 15.2-800 et seq.) or the optional county manager plan of government (§ 15.2-702 et seq.), or of any city or town adjoining any such county, may require by ordinance that the declarant of any residential condominium converted from multi-family rental use shall reimburse any tenant displaced by the conversion for amounts actually expended to relocate as a result of such dislocation. The reimbursement shall not be required to exceed the amount that the tenant would have been entitled to receive under §§ 25.1-407 and 25.1-415 if the real estate comprising the condominium had been condemned by the Department of Transportation.","order_by":null,"text":{"0":{"id":235064,"text":"For the purposes of this section:\n\t\t\t“Affordable rent” means a monthly rent that does not exceed the greater of 30 percent of the annual gross income of the tenant household or 30 percent of the imputed income limit applicable to such unit size, as published by the Virginia Housing Development Authority for compliance with the Low Income Housing Tax Credit program.\n\t\t\t“Certified nonprofit housing corporation” means a nonprofit organization exempt from taxation under § 501(c)(3) of the Internal Revenue Code that has been certified by a locality as actively engaged in producing or preserving affordable housing as determined by criteria established by the locality.\n\t\t\t“Disabled” means a person suffering from a severe, chronic physical or mental impairment that results in substantial functional imitations.\n\t\t\t“Elderly” means a person not less than 62 years of age.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":235065,"text":"Any declarant of a conversion condominium shall include in his public offering statement in addition to the requirements of \u00a7 55.1-1976 the following:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":235066,"text":"A specific statement of the amount of any initial or special condominium fee due from the purchaser on or before settlement of the purchase contract and the basis of such fee;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":235067,"text":"Information on the actual expenditures made on all repairs, maintenance, operation, or upkeep of the subject building within the last three years, set forth in a tabular format with the proposed budget of the condominium and cumulatively broken down on a per unit basis in proportion to the relative voting strengths allocated to the units by the bylaws. If such building has not been occupied for a period of three years, then the information shall be set forth for the maximum period such building has been occupied;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":235068,"text":"A description of any provisions made in the budget for reserves for capital expenditures and an explanation of the basis for such reserves, or, if no provision is made for such reserves, a statement to that effect;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":235069,"text":"A statement of the declarant as to the present condition of all structural components and major utility installations in the condominium, including the approximate dates of construction, installation, and major repairs and the expected useful life of each such item, together with the estimated cost of replacing each such item;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":235070,"text":"If any building included or that may be included in the condominium was substantially completed prior to July 1, 1978, a statement that each such building has been inspected for asbestos in accordance with standards in effect at the time of inspection, or that an asbestos inspection will be conducted, and whether asbestos requiring response actions has been found and, if found, that response actions have been or will be completed in accordance with applicable standards prior to the conveyance of any unit in such building. Any asbestos management program or response action undertaken by the building owner shall comply with the standards promulgated pursuant to § 2.2-1164.","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"C"},"7":{"id":235071,"text":"In the case of a conversion condominium, the declarant shall give, at the time specified in subsection D, formal notice to each of the tenants of the building that the declarant has submitted or intends to submit to the provisions of this chapter. This notice shall advise each tenant of (i) the offering price of the unit he occupies; (ii) the projected common expense assessments against that unit for at least the first year of the condominium’s operation; (iii) any relocation services or assistance, public or private, of which the declarant is aware; (iv) any measures taken or to be taken by the declarant to reduce the incidence of tenant dislocation; and (v) the details of the relocation plan, if any is provided by the declarant, to assist tenants in relocating. During the first 60 days after such notice is mailed or hand delivered, each of the tenants shall have the exclusive right to purchase the unit he occupies, but only if such unit is to be retained in the conversion condominium without substantial alteration in its physical layout. If the conversion condominium is subject to local ordinances that have been adopted pursuant to subsections G and H, any tenant who is disabled or elderly may assign the exclusive right to purchase his unit to a governmental agency, housing authority, or certified nonprofit housing corporation, which shall then offer the tenant a lease at an affordable rent, following the provisions of subsection G. The acquisition of such units by the governmental agency, housing authority, or certified nonprofit housing corporation shall not (a) exceed the greater of one unit or five percent of the total number of units in the condominium or (b) impede the condominium conversion process. In determining which, if any, units shall be acquired pursuant to this subsection, preference shall be given to elderly or disabled tenants.\n\t\t\tThe notice required in this subsection shall be hand delivered or sent by first-class mail, return receipt requested, and shall inform the tenants of the conversion to condominium. Such notice may also constitute the notice to terminate the tenancy as provided for in § 55.1-1410, except that, despite the provisions of § 55.1-1410, a tenancy from month-to-month may only be terminated upon 120 days’ notice when such termination is in regard to the creation of a conversion condominium. If, however, a tenant so notified remains in possession of the unit he occupies after the expiration of the 120-day period with the permission of the declarant, in order to then terminate the tenancy, such declarant shall give the tenant a further notice as provided in § 55.1-1410. Until the expiration of the 120-day period, the declarant shall have no right of access to the unit except as provided by subsection A of § 55.1-1229 and except that, upon 45 days’ written notice to the tenant, the declarant may enter the unit in order to make additional repairs, decorations, alterations, or improvements, provided that (i) the making of the same does not constitute an actual or constructive eviction of the tenant and (ii) such entry is made either with the consent of the tenant or only at times when the tenant is absent from the unit. The declarant shall also provide general notice to the tenants of the condominium or proposed condominium at the time of application to the Common Interest Community Board in addition to the formal notice required by this subsection.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B5","next_prefix":"D"},"8":{"id":235072,"text":"The declarant of a conversion condominium shall, in addition to the requirements of § 55.1-1975, include with the application for registration a copy of the formal notice set forth in subsection C and a certified statement that such notice, fully complying with the provisions of subsection C, shall be at the time of the registration of such condominium mailed or delivered to each of the tenants in the building for which registration is sought. The price and projected common expense assessments for each unit need not be filed with the Common Interest Community Board until such notice is mailed to the tenants.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"9":{"id":235073,"text":"Notwithstanding the provisions of § 55.1-1901, in the case of any conversion condominium created under the provisions of the Horizontal Property Act (§ 55.1-2000 et seq.) for which a final report has not been issued by the Common Interest Community Board pursuant to former § 55-79.21 prior to June 1, 1975, the provisions of subsections B and C shall apply and the declarant shall be required to furnish evidence of full compliance with subsections B and C prior to the issuance by the Common Interest Community Board of a final report for such conversion condominium.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"10":{"id":235074,"text":"Any locality may require by ordinance that the declarant of a conversion condominium file with that governing body all information that is required by the Common Interest Community Board pursuant to § 55.1-1975 and a copy of the formal notice required by subsection C. Such information shall be filed with that governing body when the application for registration is filed with the Common Interest Community Board, and such copy of the formal notice shall be filed with that governing body. There shall be no fees for such filings.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"11":{"id":235075,"text":"The governing body of any locality may enact an ordinance requiring that elderly or disabled tenants occupying as their residence, at the time of issuance of the general notice required by subsection C, apartments or units in a conversion condominium be offered leases or extensions of leases on the apartments or units they then occupied, or on other apartments or units of at least equal size and overall quality. The terms and conditions of such leases or extensions shall be as agreed upon by the lessor and the lessee, provided that the rent for such apartment or unit shall not be in excess of reasonable rent for comparable apartments or units in the same market area as such conversion condominium and such lease shall include or incorporate by reference the bylaws or rules and regulations, if any, of the association. No such ordinance shall require that such leases or extensions be offered on more than 20 percent of the apartments or units in such conversion condominium, nor shall any such ordinance require that such leases or extensions extend beyond three years from the date of such notice. Such leases or extensions shall not be required, however, in the case of any apartments or units that will in the course of the conversion be substantially altered in the physical layout, restricted exclusively to nonresidential use, or be converted in such a manner as to require relocation of the tenant in premises outside of the project being converted.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"12":{"id":235076,"text":"The governing body of any county utilizing the optional urban county executive form of government (§ 15.2-800 et seq.) or the optional county manager plan of government (§ 15.2-702 et seq.), or of any city or town adjoining any such county, may require by ordinance that the declarant of any residential condominium converted from multi-family rental use shall reimburse any tenant displaced by the conversion for amounts actually expended to relocate as a result of such dislocation. The reimbursement shall not be required to exceed the amount that the tenant would have been entitled to receive under §§ 25.1-407 and 25.1-415 if the real estate comprising the condominium had been condemned by the Department of Transportation.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"ancestry":[{"id":15581,"edition_id":1,"name":"Administration of Chapter; Sale, Etc., of Condominium Units","identifier":"4","label":"article","depth":4,"order_by":1,"parent_id":13018,"metadata":{},"date_created":"2026-06-26 03:56:32","date_modified":"2026-06-26 03:56:32","permalink":{"id":246927,"object_type":"structure","relational_id":15581,"identifier":"4","token":"55.1\/IV\/19\/4","url":"\/55.1\/IV\/19\/4\/","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":68690,"structure_id":15581,"section_number":"55.1-1970","catch_line":"Common Interest Community Board","url":"\/55.1-1970\/","token":"55.1\/IV\/19\/4\/55.1-1970","metadata":false},{"id":59771,"structure_id":15581,"section_number":"55.1-1971","catch_line":"General powers and duties of the Common Interest Community Board","url":"\/55.1-1971\/","token":"55.1\/IV\/19\/4\/55.1-1971","metadata":{"court_decisions":""}},{"id":75490,"structure_id":15581,"section_number":"55.1-1972","catch_line":"Exemptions from certain provisions of article","url":"\/55.1-1972\/","token":"55.1\/IV\/19\/4\/55.1-1972","metadata":false},{"id":61023,"structure_id":15581,"section_number":"55.1-1973","catch_line":"Rental of units","url":"\/55.1-1973\/","token":"55.1\/IV\/19\/4\/55.1-1973","metadata":false},{"id":68890,"structure_id":15581,"section_number":"55.1-1974","catch_line":"Limitations on dispositions of units","url":"\/55.1-1974\/","token":"55.1\/IV\/19\/4\/55.1-1974","metadata":false},{"id":61758,"structure_id":15581,"section_number":"55.1-1975","catch_line":"Application for registration; 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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 14 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, chapters 727 and 738; in 1981, chapters 455 and 503; in 1982, chapters 273, 475, and 663; in 1983, chapter 310; in 1984, chapters 321 and 601; in 1985, chapter 69; in 1987, chapter 412; in 1988, chapter 723; in 1989, chapter 398; in 1991, chapter 497; in 1993, chapter 634; in 2007, chapters 602<\/a> and 665<\/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":75490,"section_number":"55.1-1972","catch_line":"Exemptions from certain provisions of article","order_by":null,"url":"\/55.1-1972\/"},{"id":66151,"section_number":"55.1-1989","catch_line":"Penalties","order_by":null,"url":"\/55.1-1989\/"}],"refers_to":[{"id":81778,"section_number":"15.2-702","catch_line":"County board; membership, terms, chairman, etc","order_by":null,"url":"\/15.2-702\/"},{"id":58070,"section_number":"15.2-800","catch_line":"Designation of form of government; applicability of chapter","order_by":null,"url":"\/15.2-800\/"},{"id":57603,"section_number":"25.1-407","catch_line":"Optional moving expense allowance for persons displaced from dwelling","order_by":null,"url":"\/25.1-407\/"},{"id":84767,"section_number":"25.1-415","catch_line":"Adjustments to certain benefit limits","order_by":null,"url":"\/25.1-415\/"},{"id":64337,"section_number":"55.1-1229","catch_line":"Access; consent; correction of nonemergency conditions; relocation of tenant; security systems","order_by":null,"url":"\/55.1-1229\/"},{"id":62277,"section_number":"55.1-1410","catch_line":"Notice to terminate a tenancy in nonresidential rental property; notice of change in use of multifamily residential building","order_by":null,"url":"\/55.1-1410\/"},{"id":76143,"section_number":"55.1-1901","catch_line":"Application and construction of chapter","order_by":null,"url":"\/55.1-1901\/"},{"id":61758,"section_number":"55.1-1975","catch_line":"Application for registration; fee","order_by":null,"url":"\/55.1-1975\/"},{"id":85082,"section_number":"55.1-1976","catch_line":"Public offering statement; condominium securities","order_by":null,"url":"\/55.1-1976\/"},{"id":82636,"section_number":"55.1-2000","catch_line":"Definitions","order_by":null,"url":"\/55.1-2000\/"}],"permalink":{"id":246977,"object_type":"law","relational_id":64581,"identifier":"55.1-1982","token":"55.1\/IV\/19\/4\/55.1-1982","url":"\/55.1-1982\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-1982\/","token":"55.1\/IV\/19\/4\/55.1-1982","dublin_core":{"Title":"Conversion condominiums; special provisions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-1982","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For the purposes of this section:\n\t\t\t“Affordable rent<\/span>” means a monthly rent that does not exceed the greater of 30 percent of the annual gross income of the tenant household or 30 percent of the imputed income limit applicable to such unit<\/span> size<\/span>, as published by the Virginia Housing Development Authority for compliance with the Low Income Housing Tax Credit program.\n\t\t\t“Certified nonprofit housing corporation<\/span>” means a nonprofit organization exempt from taxation under § 501(c)(3) of the Internal Revenue Code that has been certified by a locality as actively engaged in producing or preserving affordable housing as determined by criteria established by the locality.\n\t\t\t“Disabled<\/span>” means a person<\/span> suffering from a severe, chronic physical or mental impairment that results in substantial functional imitations.\n\t\t\t“Elderly<\/span>” means a person<\/span> not less than 62 years of age. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any declarant<\/span> of a conversion condominium<\/span> shall include in his public offering statement in addition to the requirements of \u00a7 55.1-1976<\/a> the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A specific statement of the amount of any initial or special condominium fee due from the purchaser<\/span> on or before settlement<\/span> of the purchase contract<\/span> and the basis of such fee; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Information on the actual expenditures made on all repairs, maintenance, operation, or upkeep of the subject building within the last three years, set forth in a tabular format with the proposed budget of the condominium and cumulatively broken down on a per unit<\/span> basis in proportion to the relative voting strengths allocated to the units<\/span> by the bylaws. If such building has not been occupied for a period of three years, then the information shall be set forth for the maximum period such building has been occupied; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A description of any provisions made in the budget for reserves for capital expenditures and an explanation of the basis for such reserves, or, if no provision is made for such reserves, a statement to that effect; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> A statement of the declarant<\/span> as to the present condition of all structural components and major utility installations in the condominium, including the approximate dates of construction, installation, and major repairs and the expected useful life of each such item, together with the estimated cost of replacing each such item; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> If any building included or that may be included in the condominium was substantially completed prior to July 1, 1978, a statement that each such building has been inspected for asbestos in accordance with standards in effect at the time of inspection, or that an asbestos inspection will be conducted, and whether asbestos requiring response actions has been found and, if found, that response actions have been or will be completed in accordance with applicable standards prior to the conveyance of any unit<\/span> in such building. Any asbestos management program or response action undertaken by the building owner shall comply with the standards promulgated pursuant to § 2.2-1164<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In the case of a conversion condominium<\/span>, the declarant<\/span> shall give, at the time specified in subsection D, formal notice to each of the tenants of the building that the declarant<\/span> has submitted or intends to submit to the provisions of this chapter. This notice shall advise each tenant of (i) the offering price of the unit<\/span> he occupies; (ii) the projected common expense assessments against that unit<\/span> for at least the first year of the condominium’s operation; (iii) any relocation services or assistance, public or private, of which the declarant<\/span> is aware; (iv) any measures taken or to be taken by the declarant<\/span> to reduce the incidence of tenant dislocation; and (v) the details of the relocation plan, if any is provided by the declarant<\/span>, to assist tenants in relocating. During the first 60 days after such notice is mailed or hand delivered, each of the tenants shall have the exclusive right to purchase the unit<\/span> he occupies, but only if such unit<\/span> is to be retained in the conversion condominium<\/span> without substantial alteration in its physical layout. If the conversion condominium<\/span> is subject to local ordinances<\/span> that have been adopted pursuant to subsections G and H, any tenant who is disabled<\/span> or elderly<\/span> may assign the exclusive right to purchase his unit<\/span> to a governmental agency, housing authority, or certified nonprofit housing corporation<\/span>, which shall then offer<\/span> the tenant a lease at an affordable rent<\/span>, following the provisions of subsection G. The acquisition of such units<\/span> by the governmental agency, housing authority, or certified nonprofit housing corporation<\/span> shall not (a) exceed the greater of one unit<\/span> or five percent of the total number of units<\/span> in the condominium or (b) impede the condominium conversion process. In determining which, if any, units<\/span> shall be acquired pursuant to this subsection, preference shall be given to elderly<\/span> or disabled<\/span> tenants.\n\t\t\tThe notice required in this subsection shall be hand delivered or sent by first-class mail, return receipt requested, and shall inform the tenants of the conversion to condominium. Such notice may also constitute the notice to terminate the tenancy as provided for in § 55.1-1410<\/a>, except that, despite the provisions of § 55.1-1410<\/a>, a tenancy from month-to-month may only be terminated upon 120 days’ notice when such termination is in regard to the creation of a conversion condominium<\/span>. If, however, a tenant so notified remains in possession<\/span> of the unit<\/span> he occupies after the expiration of the 120-day period with the permission of the declarant<\/span>, in order<\/span> to then terminate the tenancy, such declarant<\/span> shall give the tenant a further notice as provided in § 55.1-1410<\/a>. Until the expiration of the 120-day period, the declarant<\/span> shall have no right of access to the unit<\/span> except as provided by subsection A of § 55.1-1229<\/a> and except that, upon 45 days’ written notice to the tenant, the declarant<\/span> may enter the unit<\/span> in order<\/span> to make additional repairs, decorations, alterations, or improvements, provided that (i) the making of the same does not constitute an actual or constructive eviction of the tenant and (ii) such entry is made either with the consent of the tenant or only at times when the tenant is absent from the unit<\/span>. The declarant<\/span> shall also provide general notice to the tenants of the condominium or proposed condominium at the time of application to the Common Interest Community Board in addition to the formal notice required by this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The declarant<\/span> of a conversion condominium<\/span> shall, in addition to the requirements of § 55.1-1975<\/a>, include with the application for registration a copy of the formal notice set forth in subsection C and a certified statement that such notice, fully complying with the provisions of subsection C, shall be at the time of the registration of such condominium mailed or delivered to each of the tenants in the building for which registration is sought. The price and projected common expense assessments for each unit<\/span> need not be filed with the Common Interest Community Board until such notice is mailed to the tenants. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Notwithstanding the provisions of § 55.1-1901<\/a>, in the case of any conversion condominium<\/span> created under the provisions of the Horizontal Property Act (§ 55.1-2000<\/a> et seq.) for which a final report has not been issued by the Common Interest Community Board pursuant to former § 55-79.21 prior to June 1, 1975, the provisions of subsections B and C shall apply and the declarant<\/span> shall be required to furnish evidence<\/span> of full compliance with subsections B and C prior to the issuance by the Common Interest Community Board of a final report for such conversion condominium<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Any locality may require by ordinance<\/span> that the declarant<\/span> of a conversion condominium<\/span> file with that governing body all information that is required by the Common Interest Community Board pursuant to § 55.1-1975<\/a> and a copy of the formal notice required by subsection C. Such information shall be filed with that governing body when the application for registration is filed with the Common Interest Community Board, and such copy of the formal notice shall be filed with that governing body. There shall be no fees for such filings. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The governing body of any locality may enact an ordinance<\/span> requiring that elderly<\/span> or disabled<\/span> tenants occupying as their residence, at the time of issuance of the general notice required by subsection C, apartments or units<\/span> in a conversion condominium<\/span> be offered leases or extensions of leases on the apartments or units<\/span> they then occupied, or on other apartments or units<\/span> of at least equal size<\/span> and overall quality. The terms and conditions of such leases or extensions shall be as agreed upon by the lessor and the lessee, provided that the rent for such apartment or unit<\/span> shall not be in excess of reasonable rent for comparable apartments or units<\/span> in the same market area as such conversion condominium<\/span> and such lease shall include or incorporate by reference the bylaws or rules and regulations, if any, of the association. No such ordinance<\/span> shall require that such leases or extensions be offered on more than 20 percent of the apartments or units<\/span> in such conversion condominium<\/span>, nor shall any such ordinance<\/span> require that such leases or extensions extend beyond three years from the date of such notice. Such leases or extensions shall not be required, however, in the case of any apartments or units<\/span> that will in the course of the conversion be substantially altered in the physical layout, restricted exclusively to nonresidential use, or be converted in such a manner as to require relocation of the tenant in premises outside of the project being converted. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> The governing body of any county utilizing the optional urban county executive form of government (§ 15.2-800<\/a> et seq.) or the optional county manager plan of government (§ 15.2-702<\/a> et seq.), or of any city or town adjoining any such county, may require by ordinance<\/span> that the declarant<\/span> of any residential condominium converted from multi-family rental use shall reimburse any tenant displaced by the conversion for amounts actually expended to relocate as a result of such dislocation. The reimbursement shall not be required to exceed the amount that the tenant would have been entitled to receive under §§ 25.1-407<\/a> and 25.1-415<\/a> if the real estate comprising the condominium had been condemned by the Department of Transportation. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONVERSION CONDOMINIUMS; SPECIAL PROVISIONS (\u00a7 55.1-1982)\n\nA. For the purposes of this section:\n\t\t\t“Affordable rent” means a monthly rent that does not exceed the\ngreater of 30 percent of the annual gross income of the tenant household or 30\npercent of the imputed income limit applicable to such unit size, as published\nby the Virginia Housing Development Authority for compliance with the Low Income\nHousing Tax Credit program.\n\t\t\t“Certified nonprofit housing corporation” means a nonprofit\norganization exempt from taxation under § 501(c)(3) of the Internal Revenue\nCode that has been certified by a locality as actively engaged in producing or\npreserving affordable housing as determined by criteria established by the\nlocality.\n\t\t\t“Disabled” means a person suffering from a severe, chronic\nphysical or mental impairment that results in substantial functional imitations.\n\t\t\t“Elderly” means a person not less than 62 years of age.\n\nB. Any declarant of a conversion condominium shall include in his public\noffering statement in addition to the requirements of \u00a7 55.1-1976 the\nfollowing:\n\n 1. A specific statement of the amount of any initial or special condominium\n fee due from the purchaser on or before settlement of the purchase contract\n and the basis of such fee;\n\n 2. Information on the actual expenditures made on all repairs, maintenance,\n operation, or upkeep of the subject building within the last three years, set\n forth in a tabular format with the proposed budget of the condominium and\n cumulatively broken down on a per unit basis in proportion to the relative\n voting strengths allocated to the units by the bylaws. If such building has\n not been occupied for a period of three years, then the information shall be\n set forth for the maximum period such building has been occupied;\n\n 3. A description of any provisions made in the budget for reserves for capital\n expenditures and an explanation of the basis for such reserves, or, if no\n provision is made for such reserves, a statement to that effect;\n\n 4. A statement of the declarant as to the present condition of all structural\n components and major utility installations in the condominium, including the\n approximate dates of construction, installation, and major repairs and the\n expected useful life of each such item, together with the estimated cost of\n replacing each such item;\n\n 5. If any building included or that may be included in the condominium was\n substantially completed prior to July 1, 1978, a statement that each such\n building has been inspected for asbestos in accordance with standards in\n effect at the time of inspection, or that an asbestos inspection will be\n conducted, and whether asbestos requiring response actions has been found and,\n if found, that response actions have been or will be completed in accordance\n with applicable standards prior to the conveyance of any unit in such\n building. Any asbestos management program or response action undertaken by the\n building owner shall comply with the standards promulgated pursuant to §\n 2.2-1164.\n\nC. In the case of a conversion condominium, the declarant shall give, at the\ntime specified in subsection D, formal notice to each of the tenants of the\nbuilding that the declarant has submitted or intends to submit to the provisions\nof this chapter. This notice shall advise each tenant of (i) the offering price\nof the unit he occupies; (ii) the projected common expense assessments against\nthat unit for at least the first year of the condominium’s operation;\n(iii) any relocation services or assistance, public or private, of which the\ndeclarant is aware; (iv) any measures taken or to be taken by the declarant to\nreduce the incidence of tenant dislocation; and (v) the details of the\nrelocation plan, if any is provided by the declarant, to assist tenants in\nrelocating. During the first 60 days after such notice is mailed or hand\ndelivered, each of the tenants shall have the exclusive right to purchase the\nunit he occupies, but only if such unit is to be retained in the conversion\ncondominium without substantial alteration in its physical layout. If the\nconversion condominium is subject to local ordinances that have been adopted\npursuant to subsections G and H, any tenant who is disabled or elderly may\nassign the exclusive right to purchase his unit to a governmental agency,\nhousing authority, or certified nonprofit housing corporation, which shall then\noffer the tenant a lease at an affordable rent, following the provisions of\nsubsection G. The acquisition of such units by the governmental agency, housing\nauthority, or certified nonprofit housing corporation shall not (a) exceed the\ngreater of one unit or five percent of the total number of units in the\ncondominium or (b) impede the condominium conversion process. In determining\nwhich, if any, units shall be acquired pursuant to this subsection, preference\nshall be given to elderly or disabled tenants.\n\t\t\tThe notice required in this subsection shall be hand delivered or sent by\nfirst-class mail, return receipt requested, and shall inform the tenants of the\nconversion to condominium. Such notice may also constitute the notice to\nterminate the tenancy as provided for in § 55.1-1410, except that, despite\nthe provisions of § 55.1-1410, a tenancy from month-to-month may only be\nterminated upon 120 days’ notice when such termination is in regard to the\ncreation of a conversion condominium. If, however, a tenant so notified remains\nin possession of the unit he occupies after the expiration of the 120-day period\nwith the permission of the declarant, in order to then terminate the tenancy,\nsuch declarant shall give the tenant a further notice as provided in §\n55.1-1410. Until the expiration of the 120-day period, the declarant shall have\nno right of access to the unit except as provided by subsection A of §\n55.1-1229 and except that, upon 45 days’ written notice to the tenant, the\ndeclarant may enter the unit in order to make additional repairs, decorations,\nalterations, or improvements, provided that (i) the making of the same does not\nconstitute an actual or constructive eviction of the tenant and (ii) such entry\nis made either with the consent of the tenant or only at times when the tenant\nis absent from the unit. The declarant shall also provide general notice to the\ntenants of the condominium or proposed condominium at the time of application to\nthe Common Interest Community Board in addition to the formal notice required by\nthis subsection.\n\nD. The declarant of a conversion condominium shall, in addition to the\nrequirements of § 55.1-1975, include with the application for registration\na copy of the formal notice set forth in subsection C and a certified statement\nthat such notice, fully complying with the provisions of subsection C, shall be\nat the time of the registration of such condominium mailed or delivered to each\nof the tenants in the building for which registration is sought. The price and\nprojected common expense assessments for each unit need not be filed with the\nCommon Interest Community Board until such notice is mailed to the tenants.\n\nE. Notwithstanding the provisions of § 55.1-1901, in the case of any\nconversion condominium created under the provisions of the Horizontal Property\nAct (§ 55.1-2000 et seq.) for which a final report has not been issued by\nthe Common Interest Community Board pursuant to former § 55-79.21 prior to\nJune 1, 1975, the provisions of subsections B and C shall apply and the\ndeclarant shall be required to furnish evidence of full compliance with\nsubsections B and C prior to the issuance by the Common Interest Community Board\nof a final report for such conversion condominium.\n\nF. Any locality may require by ordinance that the declarant of a conversion\ncondominium file with that governing body all information that is required by\nthe Common Interest Community Board pursuant to § 55.1-1975 and a copy of\nthe formal notice required by subsection C. Such information shall be filed with\nthat governing body when the application for registration is filed with the\nCommon Interest Community Board, and such copy of the formal notice shall be\nfiled with that governing body. There shall be no fees for such filings.\n\nG. The governing body of any locality may enact an ordinance requiring that\nelderly or disabled tenants occupying as their residence, at the time of\nissuance of the general notice required by subsection C, apartments or units in\na conversion condominium be offered leases or extensions of leases on the\napartments or units they then occupied, or on other apartments or units of at\nleast equal size and overall quality. The terms and conditions of such leases or\nextensions shall be as agreed upon by the lessor and the lessee, provided that\nthe rent for such apartment or unit shall not be in excess of reasonable rent\nfor comparable apartments or units in the same market area as such conversion\ncondominium and such lease shall include or incorporate by reference the bylaws\nor rules and regulations, if any, of the association. No such ordinance shall\nrequire that such leases or extensions be offered on more than 20 percent of the\napartments or units in such conversion condominium, nor shall any such ordinance\nrequire that such leases or extensions extend beyond three years from the date\nof such notice. Such leases or extensions shall not be required, however, in the\ncase of any apartments or units that will in the course of the conversion be\nsubstantially altered in the physical layout, restricted exclusively to\nnonresidential use, or be converted in such a manner as to require relocation of\nthe tenant in premises outside of the project being converted.\n\nH. The governing body of any county utilizing the optional urban county\nexecutive form of government (§ 15.2-800 et seq.) or the optional county\nmanager plan of government (§ 15.2-702 et seq.), or of any city or town\nadjoining any such county, may require by ordinance that the declarant of any\nresidential condominium converted from multi-family rental use shall reimburse\nany tenant displaced by the conversion for amounts actually expended to relocate\nas a result of such dislocation. The reimbursement shall not be required to\nexceed the amount that the tenant would have been entitled to receive under\n§§ 25.1-407 and 25.1-415 if the real estate comprising the condominium\nhad been condemned by the Department of Transportation.\n\nHISTORY: 1974, c. 416, \u00a7 55-79.94; 1975, c. 415; 1980, cc. 727, 738; 1981, cc.\n455, 503; 1982, cc. 273, 475, 663; 1983, c. 310; 1984, cc. 321, 601; 1985, c.\n69; 1987, c. 412; 1988, c. 723; 1989, c. 398; 1991, c. 497; 1993, c. 634; 2007,\ncc. 602, 665; 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}}