{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-2100.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-2100.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-2100.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-2100.html"}],"law_id":58909,"edition_id":1,"section_id":58909,"structure_id":14850,"section_number":"55.1-2100","catch_line":"Definitions","history":"1982, c. 277, \u00a7 55-426; 2005, c. 436; 2019, c. 712.","full_text":"As used in this chapter or in the declaration and bylaws, unless provided otherwise or unless the context requires a different meaning:\n\t\t“Affiliate of a declarant” means any person that controls, is controlled by, or is under common control with a declarant. A person “controls” a declarant if the person (i) is a general partner, officer, director, or employer of the declarant; (ii) directly or indirectly or acting in concert with one or more other persons, or through one or more subsidiaries, owns, controls, or holds with power to vote, or holds proxies representing, more than 20 percent of the voting interest in the declarant; (iii) controls in any manner the election of a majority of the directors of the declarant; or (iv) has contributed more than 20 percent of the capital of the declarant. A person “is controlled by” a declarant if the declarant (a) is a general partner, officer, director, or employer of the person; (b) directly or indirectly or acting in concert with one or more persons, or through one or more subsidiaries, owns, controls, or holds with power to vote, or holds proxies representing, more than 20 percent of the voting interest in the person; (c) controls in any manner the election of a majority of the directors of the person; or (d) has contributed more than 20 percent of the capital of the person. Control does not exist if the powers described in this definition are held solely as security for an obligation and are not exercised.\n\t\t“Allocated interests” means the common expense liability and the ownership interest and votes in the association allocated to each cooperative interest.\n\t\t“Association” or “proprietary lessees’ association” means the proprietary lessees’ association organized under \u00a7 55.1-2132.\n\t\t“Capital components” means those items, whether or not a part of the common elements, for which the association has the obligation for repair, replacement, or restoration and for which the executive board determines funding is necessary.\n\t\t“Common elements” means all portions of a cooperative other than the units of such cooperative.\n\t\t“Common expenses” means any expenditures made by, or financial liabilities of, the association, together with any allocations to reserves.\n\t\t“Common expense liability” means liability for common expenses allocated to each cooperative interest pursuant to \u00a7 55.1-2118.\n\t\t“Conversion building” means a building that at any time before creation of the cooperative was occupied wholly or partially by persons other than purchasers and persons who occupy with the consent of purchasers.\n\t\t“Cooperative” means real estate owned by an association, each of the members of which is entitled, by virtue of his ownership interest in the association, to exclusive possession of a unit.\n\t\t“Cooperative interest” means an ownership interest in the association coupled with a possessory interest in a unit under a proprietary lease. For purposes of this chapter, a declarant is treated as the owner of any cooperative interests or potential cooperative interests to which allocated interests have been allocated pursuant to \u00a7 55.1-2118 until that cooperative interest has been created and conveyed to another person.\n\t\t“Declarant” means any person or group of persons acting in concert that (i) as part of a common promotional plan, offers to dispose of its cooperative interest not previously disposed of; (ii) reserves or succeeds to any special declarant right; or (iii) applies for registration of a cooperative under Article 5 (\u00a7 55.1-2173 et seq.).\n\t\t“Declaration” means any instruments, however denominated, that create a cooperative and any amendments to those instruments.\n\t\t“Development rights” means any right or combination of rights reserved by a declarant in the declaration to (i) add real estate to a cooperative; (ii) create units, common elements, or limited common elements within a cooperative; (iii) subdivide units or convert units into common elements; or (iv) withdraw real estate from a cooperative.\n\t\t“Dispose” or “disposition” means a voluntary transfer to a purchaser of any legal or equitable interest in a cooperative interest, but does not include the transfer or release of a security interest.\n\t\t“Executive board” means the body, regardless of name, designated in the declaration to act on behalf of the association.\n\t\t“Identifying number” means a symbol or address that identifies only one unit in a cooperative.\n\t\t“Leasehold cooperative” means a cooperative in which all or a portion of the real estate is subject to a lease the expiration or termination of which will terminate the cooperative or reduce its size.\n\t\t“Limited common element” means a portion of the common elements allocated by the declaration or by operation of subdivision 2 or 4 of \u00a7 55.1-2113 for the exclusive use of at least one unit but fewer than all of the units.\n\t\t“Master association” means an organization described in \u00a7 55.1-2130, whether or not it is also an association described in \u00a7 55.1-2132.\n\t\t“Offering” means any advertisement, inducement, solicitation, or attempt to encourage any person to acquire any interest in a cooperative interest, other than as security for an obligation. An advertisement in a newspaper or other periodical of general circulation, or in any broadcast medium to the general public, of a cooperative not located in the Commonwealth is not an offering if the advertisement states that an offering may be made only in compliance with the law of the jurisdiction in which the cooperative is located.\n\t\t“Person” means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity. In the case of a land trust, however, “person” means the beneficiary of the trust rather than the trust or the trustee.\n\t\t“Proprietary lease” means an agreement with the association pursuant to which a proprietary lessee has a possessory interest in a unit.\n\t\t“Proprietary lessee” means a person that owns a cooperative interest, other than as security for an obligation, and the declarant with respect to cooperative interests or potential cooperative interests to which allocated interests have been allocated pursuant to \u00a7 55.1-2118 until that cooperative interest has been created and conveyed to another person.\n\t\t“Purchaser” means any person, other than a declarant or a person in the business of selling cooperative interests for his own account, that, by means of a voluntary transfer, acquires or contracts to acquire a cooperative interest other than as security for an obligation.\n\t\t“Real estate” means any leasehold or other estate or interest in, over, or under land, including structures, fixtures, and other improvements and interests that, by custom, usage, or law, pass with a conveyance of land though not described in the contract of sale or instrument of conveyance. “Real estate” includes (i) parcels with or without upper or lower boundaries and (ii) spaces that may be filled with air or water.\n\t\t“Residential purposes” means use for dwelling or recreational purposes, or both.\n\t\t“Security interest” means an interest in real or personal property, created by contract or conveyance, that secures payment or performance of an obligation. “Security interest” includes a mortgage, deed of trust, trust deed, security deed, contract for deed, land sales contract, lease intended as security, assignment of lease or rents intended as security, pledge of an ownership interest in an association, and any other consensual lien or title retention contract intended as security for an obligation.\n\t\t“Special declarant rights” means rights reserved for the benefit of a declarant to (i) complete improvements described in the public offering statement pursuant to subdivision A 2 of \u00a7 55.1-2155; (ii) exercise any development right pursuant to \u00a7 55.1-2120; (iii) maintain sales offices, management offices, signs advertising the cooperative, and models; (iv) use easements through the common elements for the purpose of making improvements within the cooperative or within real estate that may be added to the cooperative; (v) make the cooperative part of a larger cooperative or group of cooperatives; (vi) make the cooperative subject to a master association as specified in \u00a7 55.1-2130; or (vii) appoint or remove any officer of the association, any master association, or any executive board member during any period of declarant control.\n\t\t“Time share” means a right to occupy a unit or any of several units during five or more separated time periods over a period of at least five years, including renewal options, whether or not coupled with an estate or interest in a cooperative or a specified portion of such estate or interest.\n\t\t“Unit” means a physical portion of the cooperative designated for separate occupancy under a proprietary lease.","order_by":null,"text":{"0":{"id":215993,"text":"As used in this chapter or in the declaration and bylaws, unless provided otherwise or unless the context requires a different meaning:\n\t\t“Affiliate of a declarant” means any person that controls, is controlled by, or is under common control with a declarant. A person “controls” a declarant if the person (i) is a general partner, officer, director, or employer of the declarant; (ii) directly or indirectly or acting in concert with one or more other persons, or through one or more subsidiaries, owns, controls, or holds with power to vote, or holds proxies representing, more than 20 percent of the voting interest in the declarant; (iii) controls in any manner the election of a majority of the directors of the declarant; or (iv) has contributed more than 20 percent of the capital of the declarant. A person “is controlled by” a declarant if the declarant (a) is a general partner, officer, director, or employer of the person; (b) directly or indirectly or acting in concert with one or more persons, or through one or more subsidiaries, owns, controls, or holds with power to vote, or holds proxies representing, more than 20 percent of the voting interest in the person; (c) controls in any manner the election of a majority of the directors of the person; or (d) has contributed more than 20 percent of the capital of the person. Control does not exist if the powers described in this definition are held solely as security for an obligation and are not exercised.\n\t\t“Allocated interests” means the common expense liability and the ownership interest and votes in the association allocated to each cooperative interest.\n\t\t“Association” or “proprietary lessees’ association” means the proprietary lessees’ association organized under \u00a7 55.1-2132.\n\t\t“Capital components” means those items, whether or not a part of the common elements, for which the association has the obligation for repair, replacement, or restoration and for which the executive board determines funding is necessary.\n\t\t“Common elements” means all portions of a cooperative other than the units of such cooperative.\n\t\t“Common expenses” means any expenditures made by, or financial liabilities of, the association, together with any allocations to reserves.\n\t\t“Common expense liability” means liability for common expenses allocated to each cooperative interest pursuant to \u00a7 55.1-2118.\n\t\t“Conversion building” means a building that at any time before creation of the cooperative was occupied wholly or partially by persons other than purchasers and persons who occupy with the consent of purchasers.\n\t\t“Cooperative” means real estate owned by an association, each of the members of which is entitled, by virtue of his ownership interest in the association, to exclusive possession of a unit.\n\t\t“Cooperative interest” means an ownership interest in the association coupled with a possessory interest in a unit under a proprietary lease. For purposes of this chapter, a declarant is treated as the owner of any cooperative interests or potential cooperative interests to which allocated interests have been allocated pursuant to \u00a7 55.1-2118 until that cooperative interest has been created and conveyed to another person.\n\t\t“Declarant” means any person or group of persons acting in concert that (i) as part of a common promotional plan, offers to dispose of its cooperative interest not previously disposed of; (ii) reserves or succeeds to any special declarant right; or (iii) applies for registration of a cooperative under Article 5 (\u00a7 55.1-2173 et seq.).\n\t\t“Declaration” means any instruments, however denominated, that create a cooperative and any amendments to those instruments.\n\t\t“Development rights” means any right or combination of rights reserved by a declarant in the declaration to (i) add real estate to a cooperative; (ii) create units, common elements, or limited common elements within a cooperative; (iii) subdivide units or convert units into common elements; or (iv) withdraw real estate from a cooperative.\n\t\t“Dispose” or “disposition” means a voluntary transfer to a purchaser of any legal or equitable interest in a cooperative interest, but does not include the transfer or release of a security interest.\n\t\t“Executive board” means the body, regardless of name, designated in the declaration to act on behalf of the association.\n\t\t“Identifying number” means a symbol or address that identifies only one unit in a cooperative.\n\t\t“Leasehold cooperative” means a cooperative in which all or a portion of the real estate is subject to a lease the expiration or termination of which will terminate the cooperative or reduce its size.\n\t\t“Limited common element” means a portion of the common elements allocated by the declaration or by operation of subdivision 2 or 4 of \u00a7 55.1-2113 for the exclusive use of at least one unit but fewer than all of the units.\n\t\t“Master association” means an organization described in \u00a7 55.1-2130, whether or not it is also an association described in \u00a7 55.1-2132.\n\t\t“Offering” means any advertisement, inducement, solicitation, or attempt to encourage any person to acquire any interest in a cooperative interest, other than as security for an obligation. An advertisement in a newspaper or other periodical of general circulation, or in any broadcast medium to the general public, of a cooperative not located in the Commonwealth is not an offering if the advertisement states that an offering may be made only in compliance with the law of the jurisdiction in which the cooperative is located.\n\t\t“Person” means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity. In the case of a land trust, however, “person” means the beneficiary of the trust rather than the trust or the trustee.\n\t\t“Proprietary lease” means an agreement with the association pursuant to which a proprietary lessee has a possessory interest in a unit.\n\t\t“Proprietary lessee” means a person that owns a cooperative interest, other than as security for an obligation, and the declarant with respect to cooperative interests or potential cooperative interests to which allocated interests have been allocated pursuant to \u00a7 55.1-2118 until that cooperative interest has been created and conveyed to another person.\n\t\t“Purchaser” means any person, other than a declarant or a person in the business of selling cooperative interests for his own account, that, by means of a voluntary transfer, acquires or contracts to acquire a cooperative interest other than as security for an obligation.\n\t\t“Real estate” means any leasehold or other estate or interest in, over, or under land, including structures, fixtures, and other improvements and interests that, by custom, usage, or law, pass with a conveyance of land though not described in the contract of sale or instrument of conveyance. “Real estate” includes (i) parcels with or without upper or lower boundaries and (ii) spaces that may be filled with air or water.\n\t\t“Residential purposes” means use for dwelling or recreational purposes, or both.\n\t\t“Security interest” means an interest in real or personal property, created by contract or conveyance, that secures payment or performance of an obligation. “Security interest” includes a mortgage, deed of trust, trust deed, security deed, contract for deed, land sales contract, lease intended as security, assignment of lease or rents intended as security, pledge of an ownership interest in an association, and any other consensual lien or title retention contract intended as security for an obligation.\n\t\t“Special declarant rights” means rights reserved for the benefit of a declarant to (i) complete improvements described in the public offering statement pursuant to subdivision A 2 of \u00a7 55.1-2155; (ii) exercise any development right pursuant to \u00a7 55.1-2120; (iii) maintain sales offices, management offices, signs advertising the cooperative, and models; (iv) use easements through the common elements for the purpose of making improvements within the cooperative or within real estate that may be added to the cooperative; (v) make the cooperative part of a larger cooperative or group of cooperatives; (vi) make the cooperative subject to a master association as specified in \u00a7 55.1-2130; or (vii) appoint or remove any officer of the association, any master association, or any executive board member during any period of declarant control.\n\t\t“Time share” means a right to occupy a unit or any of several units during five or more separated time periods over a period of at least five years, including renewal options, whether or not coupled with an estate or interest in a cooperative or a specified portion of such estate or interest.\n\t\t“Unit” means a physical portion of the cooperative designated for separate occupancy under a proprietary lease.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14850,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":13509,"metadata":{},"date_created":"2026-06-26 03:50:24","date_modified":"2026-06-26 03:50:24","permalink":{"id":247111,"object_type":"structure","relational_id":14850,"identifier":"1","token":"55.1\/IV\/21\/1","url":"\/55.1\/IV\/21\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13509,"edition_id":1,"name":"Virginia Real Estate Cooperative Act","identifier":"21","label":"chapter","depth":3,"order_by":1,"parent_id":12914,"metadata":{},"date_created":"2026-06-26 03:45:06","date_modified":"2026-06-26 03:45:06","permalink":{"id":247109,"object_type":"structure","relational_id":13509,"identifier":"21","token":"55.1\/IV\/21","url":"\/55.1\/IV\/21\/","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":58909,"structure_id":14850,"section_number":"55.1-2100","catch_line":"Definitions","url":"\/55.1-2100\/","token":"55.1\/IV\/21\/1\/55.1-2100","metadata":false},{"id":80253,"structure_id":14850,"section_number":"55.1-2101","catch_line":"Applicability","url":"\/55.1-2101\/","token":"55.1\/IV\/21\/1\/55.1-2101","metadata":false},{"id":66032,"structure_id":14850,"section_number":"55.1-2102","catch_line":"Variation by agreement","url":"\/55.1-2102\/","token":"55.1\/IV\/21\/1\/55.1-2102","metadata":false},{"id":62799,"structure_id":14850,"section_number":"55.1-2103","catch_line":"Property classification of cooperative interests; taxation","url":"\/55.1-2103\/","token":"55.1\/IV\/21\/1\/55.1-2103","metadata":false},{"id":68257,"structure_id":14850,"section_number":"55.1-2104","catch_line":"Applicability of local ordinances, regulations, and building codes; local authority","url":"\/55.1-2104\/","token":"55.1\/IV\/21\/1\/55.1-2104","metadata":false},{"id":56764,"structure_id":14850,"section_number":"55.1-2105","catch_line":"Eminent domain","url":"\/55.1-2105\/","token":"55.1\/IV\/21\/1\/55.1-2105","metadata":false},{"id":75027,"structure_id":14850,"section_number":"55.1-2106","catch_line":"General principles of law applicable","url":"\/55.1-2106\/","token":"55.1\/IV\/21\/1\/55.1-2106","metadata":false},{"id":79017,"structure_id":14850,"section_number":"55.1-2107","catch_line":"Construction against implicit repeal","url":"\/55.1-2107\/","token":"55.1\/IV\/21\/1\/55.1-2107","metadata":false},{"id":84361,"structure_id":14850,"section_number":"55.1-2108","catch_line":"Uniformity of application and construction","url":"\/55.1-2108\/","token":"55.1\/IV\/21\/1\/55.1-2108","metadata":false},{"id":67484,"structure_id":14850,"section_number":"55.1-2109","catch_line":"Unconscionable agreement or term of contract","url":"\/55.1-2109\/","token":"55.1\/IV\/21\/1\/55.1-2109","metadata":false},{"id":68385,"structure_id":14850,"section_number":"55.1-2110","catch_line":"Obligation of good faith","url":"\/55.1-2110\/","token":"55.1\/IV\/21\/1\/55.1-2110","metadata":false},{"id":75940,"structure_id":14850,"section_number":"55.1-2111","catch_line":"Remedies to be liberally administered","url":"\/55.1-2111\/","token":"55.1\/IV\/21\/1\/55.1-2111","metadata":false}],"next_section":{"id":80253,"structure_id":14850,"section_number":"55.1-2101","catch_line":"Applicability","url":"\/55.1-2101\/","token":"55.1\/IV\/21\/1\/55.1-2101","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-2100\/","history_text":"

This law was first created in 1982. The record of its establishment is cataloged in chapter 277 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 1982 \u201cActs\u201d aren\u2019t available online. It has been modified 2 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 2005, chapter 436<\/a>; in 2019, chapter 712<\/a>.<\/p>","references":[{"id":79728,"section_number":"15.2-110","catch_line":"Authority to require approval by common interest community association","order_by":null,"url":"\/15.2-110\/"},{"id":63216,"section_number":"15.2-2288.7","catch_line":"Local regulation of solar facilities","order_by":null,"url":"\/15.2-2288.7\/"},{"id":81829,"section_number":"15.2-983","catch_line":"Creation of registry for short-term rental of property","order_by":null,"url":"\/15.2-983\/"},{"id":64189,"section_number":"15.2-987","catch_line":"Rentals for 30 consecutive days or longer","order_by":null,"url":"\/15.2-987\/"},{"id":78978,"section_number":"3.2-6540.01","catch_line":"Obligations of officer and owner following dangerous dog finding","order_by":null,"url":"\/3.2-6540.01\/"},{"id":68405,"section_number":"46.2-1231","catch_line":"Ticketing, removal, or immobilization of trespassing vehicles by owner or operator of parking or other lot or building; charges","order_by":null,"url":"\/46.2-1231\/"},{"id":69434,"section_number":"46.2-1232","catch_line":"Localities may regulate removal or immobilization of trespassing vehicles","order_by":null,"url":"\/46.2-1232\/"},{"id":74059,"section_number":"54.1-2100","catch_line":"Definitions","order_by":null,"url":"\/54.1-2100\/"},{"id":75397,"section_number":"54.1-2349","catch_line":"Powers and duties of the Board","order_by":null,"url":"\/54.1-2349\/"},{"id":75527,"section_number":"54.1-2351","catch_line":"General powers and duties of Board concerning associations","order_by":null,"url":"\/54.1-2351\/"},{"id":78745,"section_number":"54.1-2352","catch_line":"Cease and desist orders","order_by":null,"url":"\/54.1-2352\/"},{"id":55980,"section_number":"54.1-2354","catch_line":"Variation by agreement","order_by":null,"url":"\/54.1-2354\/"},{"id":64224,"section_number":"55.1-1208","catch_line":"Prohibited provisions in rental agreements","order_by":null,"url":"\/55.1-1208\/"},{"id":82472,"section_number":"55.1-1801","catch_line":"Applicability","order_by":null,"url":"\/55.1-1801\/"},{"id":80253,"section_number":"55.1-2101","catch_line":"Applicability","order_by":null,"url":"\/55.1-2101\/"},{"id":64409,"section_number":"55.1-2147","catch_line":"Annual budget; reserves for capital components","order_by":null,"url":"\/55.1-2147\/"},{"id":56514,"section_number":"55.1-2207","catch_line":"Time-sharing permitted","order_by":null,"url":"\/55.1-2207\/"},{"id":85397,"section_number":"55.1-2307","catch_line":"Definitions","order_by":null,"url":"\/55.1-2307\/"},{"id":63018,"section_number":"55.1-2310","catch_line":"Resale certificate; form and contents","order_by":null,"url":"\/55.1-2310\/"},{"id":54312,"section_number":"55.1-358","catch_line":"Effect of certain transfer fee covenants","order_by":null,"url":"\/55.1-358\/"},{"id":74330,"section_number":"58.1-3901","catch_line":"Apartment house, office building, shopping center, trailer camp, trailer court, self-service storage facility, marina, airport, and other owners or operators to file lists of tenants","order_by":null,"url":"\/58.1-3901\/"},{"id":76698,"section_number":"64.2-628","catch_line":"Requirements","order_by":null,"url":"\/64.2-628\/"},{"id":77455,"section_number":"8.01-463","catch_line":"Enforcement of lien when judgment does not exceed $25,000","order_by":null,"url":"\/8.01-463\/"}],"refers_to":[{"id":82447,"section_number":"55.1-2113","catch_line":"Unit boundaries","order_by":null,"url":"\/55.1-2113\/"},{"id":66972,"section_number":"55.1-2118","catch_line":"Allocation of ownership interests, votes, and common expense liabilities","order_by":null,"url":"\/55.1-2118\/"},{"id":65450,"section_number":"55.1-2120","catch_line":"Exercise of development rights","order_by":null,"url":"\/55.1-2120\/"},{"id":58552,"section_number":"55.1-2130","catch_line":"Master associations","order_by":null,"url":"\/55.1-2130\/"},{"id":79353,"section_number":"55.1-2132","catch_line":"Organization of the association","order_by":null,"url":"\/55.1-2132\/"},{"id":57013,"section_number":"55.1-2155","catch_line":"Public offering statement; general provisions","order_by":null,"url":"\/55.1-2155\/"},{"id":58593,"section_number":"55.1-2173","catch_line":"Common Interest Community Board","order_by":null,"url":"\/55.1-2173\/"}],"permalink":{"id":247113,"object_type":"law","relational_id":58909,"identifier":"55.1-2100","token":"55.1\/IV\/21\/1\/55.1-2100","url":"\/55.1-2100\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-2100\/","token":"55.1\/IV\/21\/1\/55.1-2100","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-2100","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this chapter or in the declaration<\/span> and bylaws, unless provided otherwise or unless the context requires a different meaning:\n\t\t“Affiliate of a declarant<\/span>” means any person<\/span> that controls<\/span>, is controlled by<\/span>, or is under common control with a declarant. A person<\/span> “controls<\/span>” a declarant if the person<\/span> (i) is a general partner, officer, director, or employer of the declarant; (ii) directly or indirectly or acting in concert with one or more other persons<\/span>, or through one or more subsidiaries, owns, controls<\/span>, or holds with power to vote, or holds proxies representing, more than 20 percent of the voting interest in the declarant; (iii) controls<\/span> in any manner the election of a majority of the directors of the declarant; or (iv) has contributed more than 20 percent of the capital of the declarant. A person<\/span> “is controlled by<\/span>” a declarant if the declarant (a) is a general partner, officer, director, or employer of the person<\/span>; (b) directly or indirectly or acting in concert with one or more persons<\/span>, or through one or more subsidiaries, owns, controls<\/span>, or holds with power to vote, or holds proxies representing, more than 20 percent of the voting interest in the person<\/span>; (c) controls<\/span> in any manner the election of a majority of the directors of the person<\/span>; or (d) has contributed more than 20 percent of the capital of the person<\/span>. Control does not exist if the powers described in this definition are held solely as security for an obligation and are not exercised.\n\t\t“Allocated interests<\/span>” means the common expense liability<\/span> and the ownership interest and votes in the association allocated to each cooperative interest<\/span>.\n\t\t“Association” or “proprietary lessees<\/span>’ association” means the proprietary lessees<\/span>’ association organized under \u00a7 55.1-2132<\/a>.\n\t\t“Capital components<\/span>” means those items, whether or not a part of the common elements, for which the association has the obligation for repair, replacement, or restoration and for which the executive board<\/span> determines funding is necessary.\n\t\t“Common elements” means all portions of a cooperative other than the units<\/span> of such cooperative.\n\t\t“Common expenses<\/span>” means any expenditures made by, or financial liabilities of, the association, together with any allocations to reserves.\n\t\t“Common expense liability<\/span>” means liability for common expenses<\/span> allocated to each cooperative interest<\/span> pursuant to \u00a7 55.1-2118<\/a>.\n\t\t“Conversion building<\/span>” means a building that at any time before creation of the cooperative was occupied wholly or partially by persons<\/span> other than purchasers<\/span> and persons<\/span> who occupy with the consent of purchasers<\/span>.\n\t\t“Cooperative” means real estate<\/span> owned by an association, each of the members of which is entitled, by virtue of his ownership interest in the association, to exclusive possession<\/span> of a unit<\/span>.\n\t\t“Cooperative interest<\/span>” means an ownership interest in the association coupled with a possessory interest in a unit<\/span> under a proprietary lease<\/span>. For purposes of this chapter, a declarant is treated as the owner of any cooperative interests<\/span> or potential cooperative interests<\/span> to which allocated interests<\/span> have been allocated pursuant to \u00a7 55.1-2118<\/a> until that cooperative interest<\/span> has been created and conveyed to another person<\/span>.\n\t\t“Declarant” means any person<\/span> or group of persons<\/span> acting in concert that (i) as part of a common promotional plan, offers to dispose<\/span> of its cooperative interest<\/span> not previously disposed of; (ii) reserves or succeeds to any special declarant right; or (iii) applies for registration of a cooperative under Article 5 (\u00a7 55.1-2173<\/a> et seq.).\n\t\t“Declaration<\/span>” means any instruments, however denominated, that create a cooperative and any amendments to those instruments.\n\t\t“Development rights<\/span>” means any right or combination of rights reserved by a declarant in the declaration<\/span> to (i) add real estate<\/span> to a cooperative; (ii) create units<\/span>, common elements, or limited common elements<\/span> within a cooperative; (iii) subdivide units<\/span> or convert units<\/span> into common elements; or (iv) withdraw real estate<\/span> from a cooperative.\n\t\t“Dispose<\/span>” or “disposition<\/span>” means a voluntary transfer<\/span> to a purchaser<\/span> of any legal or equitable<\/span> interest in a cooperative interest<\/span>, but does not include the transfer or release of a security interest<\/span>.\n\t\t“Executive board<\/span>” means the body, regardless of name, designated in the declaration<\/span> to act on behalf of the association.\n\t\t“Identifying number<\/span>” means a symbol or address that identifies only one unit<\/span> in a cooperative.\n\t\t“Leasehold cooperative<\/span>” means a cooperative in which all or a portion of the real estate<\/span> is subject to a lease the expiration or termination of which will terminate the cooperative or reduce its size.\n\t\t“Limited common element<\/span>” means a portion of the common elements allocated by the declaration<\/span> or by operation of subdivision 2 or 4 of \u00a7 55.1-2113<\/a> for the exclusive use of at least one unit<\/span> but fewer than all of the units<\/span>.\n\t\t“Master association<\/span>” means an organization described in \u00a7 55.1-2130<\/a>, whether or not it is also an association described in \u00a7 55.1-2132<\/a>.\n\t\t“Offering<\/span>” means any advertisement, inducement, solicitation, or attempt to encourage any person<\/span> to acquire any interest in a cooperative interest<\/span>, other than as security for an obligation. An advertisement in a newspaper or other periodical of general circulation, or in any broadcast medium to the general public, of a cooperative not located in the Commonwealth is not an offering<\/span> if the advertisement states that an offering<\/span> may be made only in compliance with the law<\/span> of the jurisdiction<\/span> in which the cooperative is located.\n\t\t“Person<\/span>” means a natural person<\/span>, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity. In the case of a land trust, however, “person<\/span>” means the beneficiary of the trust rather than the trust or the trustee.\n\t\t“Proprietary lease<\/span>” means an agreement with the association pursuant to which a proprietary lessee<\/span> has a possessory interest in a unit<\/span>.\n\t\t“Proprietary lessee<\/span>” means a person<\/span> that owns a cooperative interest<\/span>, other than as security for an obligation, and the declarant with respect to cooperative interests<\/span> or potential cooperative interests<\/span> to which allocated interests<\/span> have been allocated pursuant to \u00a7 55.1-2118<\/a> until that cooperative interest<\/span> has been created and conveyed to another person<\/span>.\n\t\t“Purchaser<\/span>” means any person<\/span>, other than a declarant or a person<\/span> in the business of selling cooperative interests<\/span> for his own account, that, by means of a voluntary transfer<\/span>, acquires or contracts<\/span> to acquire a cooperative interest<\/span> other than as security for an obligation.\n\t\t“Real estate<\/span>” means any leasehold or other estate or interest in, over, or under land, including structures, fixtures, and other improvements and interests that, by custom, usage, or law<\/span>, pass with a conveyance of land though not described in the contract<\/span> of sale or instrument of conveyance. “Real estate<\/span>” includes (i) parcels with or without upper or lower boundaries and (ii) spaces that may be filled with air or water.\n\t\t“Residential purposes<\/span>” means use for dwelling or recreational purposes, or both.\n\t\t“Security interest<\/span>” means an interest in real or personal property, created by contract<\/span> or conveyance, that secures payment or performance of an obligation. “Security interest<\/span>” includes a mortgage, deed of trust, trust deed, security deed, contract<\/span> for deed, land sales contract<\/span>, lease intended as security, assignment of lease or rents intended as security, pledge of an ownership interest in an association, and any other consensual lien<\/span> or title retention contract<\/span> intended as security for an obligation.\n\t\t“Special declarant rights<\/span>” means rights reserved for the benefit of a declarant to (i) complete improvements described in the public offering<\/span> statement pursuant to subdivision A 2 of \u00a7 55.1-2155<\/a>; (ii) exercise any development right pursuant to \u00a7 55.1-2120<\/a>; (iii) maintain sales offices, management offices, signs advertising the cooperative, and models; (iv) use easements through the common elements for the purpose of making improvements within the cooperative or within real estate<\/span> that may be added to the cooperative; (v) make the cooperative part of a larger cooperative or group of cooperatives<\/span>; (vi) make the cooperative subject to a master association<\/span> as specified in \u00a7 55.1-2130<\/a>; or (vii) appoint or remove any officer of the association, any master association<\/span>, or any executive board<\/span> member during any period of declarant control.\n\t\t“Time share<\/span>” means a right to occupy a unit<\/span> or any of several units<\/span> during five or more separated time periods over a period of at least five years, including renewal options, whether or not coupled with an estate or interest in a cooperative or a specified portion of such estate or interest.\n\t\t“Unit<\/span>” means a physical portion of the cooperative designated for separate occupancy under a proprietary lease<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 55.1-2100)\n\nAs used in this chapter or in the declaration and bylaws, unless provided\notherwise or unless the context requires a different meaning:\n\t\t“Affiliate of a declarant” means any person that controls, is\ncontrolled by, or is under common control with a declarant. A person\n“controls” a declarant if the person (i) is a general partner,\nofficer, director, or employer of the declarant; (ii) directly or indirectly or\nacting in concert with one or more other persons, or through one or more\nsubsidiaries, owns, controls, or holds with power to vote, or holds proxies\nrepresenting, more than 20 percent of the voting interest in the declarant;\n(iii) controls in any manner the election of a majority of the directors of the\ndeclarant; or (iv) has contributed more than 20 percent of the capital of the\ndeclarant. A person “is controlled by” a declarant if the declarant\n(a) is a general partner, officer, director, or employer of the person; (b)\ndirectly or indirectly or acting in concert with one or more persons, or through\none or more subsidiaries, owns, controls, or holds with power to vote, or holds\nproxies representing, more than 20 percent of the voting interest in the person;\n(c) controls in any manner the election of a majority of the directors of the\nperson; or (d) has contributed more than 20 percent of the capital of the\nperson. Control does not exist if the powers described in this definition are\nheld solely as security for an obligation and are not exercised.\n\t\t“Allocated interests” means the common expense liability and the\nownership interest and votes in the association allocated to each cooperative\ninterest.\n\t\t“Association” or “proprietary lessees’\nassociation” means the proprietary lessees’ association organized\nunder \u00a7 55.1-2132.\n\t\t“Capital components” means those items, whether or not a part of\nthe common elements, for which the association has the obligation for repair,\nreplacement, or restoration and for which the executive board determines funding\nis necessary.\n\t\t“Common elements” means all portions of a cooperative other than\nthe units of such cooperative.\n\t\t“Common expenses” means any expenditures made by, or financial\nliabilities of, the association, together with any allocations to reserves.\n\t\t“Common expense liability” means liability for common expenses\nallocated to each cooperative interest pursuant to \u00a7 55.1-2118.\n\t\t“Conversion building” means a building that at any time before\ncreation of the cooperative was occupied wholly or partially by persons other\nthan purchasers and persons who occupy with the consent of purchasers.\n\t\t“Cooperative” means real estate owned by an association, each of\nthe members of which is entitled, by virtue of his ownership interest in the\nassociation, to exclusive possession of a unit.\n\t\t“Cooperative interest” means an ownership interest in the\nassociation coupled with a possessory interest in a unit under a proprietary\nlease. For purposes of this chapter, a declarant is treated as the owner of any\ncooperative interests or potential cooperative interests to which allocated\ninterests have been allocated pursuant to \u00a7 55.1-2118 until that cooperative\ninterest has been created and conveyed to another person.\n\t\t“Declarant” means any person or group of persons acting in\nconcert that (i) as part of a common promotional plan, offers to dispose of its\ncooperative interest not previously disposed of; (ii) reserves or succeeds to\nany special declarant right; or (iii) applies for registration of a cooperative\nunder Article 5 (\u00a7 55.1-2173 et seq.).\n\t\t“Declaration” means any instruments, however denominated, that\ncreate a cooperative and any amendments to those instruments.\n\t\t“Development rights” means any right or combination of rights\nreserved by a declarant in the declaration to (i) add real estate to a\ncooperative; (ii) create units, common elements, or limited common elements\nwithin a cooperative; (iii) subdivide units or convert units into common\nelements; or (iv) withdraw real estate from a cooperative.\n\t\t“Dispose” or “disposition” means a voluntary\ntransfer to a purchaser of any legal or equitable interest in a cooperative\ninterest, but does not include the transfer or release of a security interest.\n\t\t“Executive board” means the body, regardless of name, designated\nin the declaration to act on behalf of the association.\n\t\t“Identifying number” means a symbol or address that identifies\nonly one unit in a cooperative.\n\t\t“Leasehold cooperative” means a cooperative in which all or a\nportion of the real estate is subject to a lease the expiration or termination\nof which will terminate the cooperative or reduce its size.\n\t\t“Limited common element” means a portion of the common elements\nallocated by the declaration or by operation of subdivision 2 or 4 of \u00a7\n55.1-2113 for the exclusive use of at least one unit but fewer than all of the\nunits.\n\t\t“Master association” means an organization described in \u00a7\n55.1-2130, whether or not it is also an association described in \u00a7 55.1-2132.\n\t\t“Offering” means any advertisement, inducement, solicitation, or\nattempt to encourage any person to acquire any interest in a cooperative\ninterest, other than as security for an obligation. An advertisement in a\nnewspaper or other periodical of general circulation, or in any broadcast medium\nto the general public, of a cooperative not located in the Commonwealth is not\nan offering if the advertisement states that an offering may be made only in\ncompliance with the law of the jurisdiction in which the cooperative is located.\n\t\t“Person” means a natural person, corporation, business trust,\nestate, trust, partnership, association, joint venture, government, governmental\nsubdivision or agency, or any other legal or commercial entity. In the case of a\nland trust, however, “person” means the beneficiary of the trust\nrather than the trust or the trustee.\n\t\t“Proprietary lease” means an agreement with the association\npursuant to which a proprietary lessee has a possessory interest in a unit.\n\t\t“Proprietary lessee” means a person that owns a cooperative\ninterest, other than as security for an obligation, and the declarant with\nrespect to cooperative interests or potential cooperative interests to which\nallocated interests have been allocated pursuant to \u00a7 55.1-2118 until that\ncooperative interest has been created and conveyed to another person.\n\t\t“Purchaser” means any person, other than a declarant or a person\nin the business of selling cooperative interests for his own account, that, by\nmeans of a voluntary transfer, acquires or contracts to acquire a cooperative\ninterest other than as security for an obligation.\n\t\t“Real estate” means any leasehold or other estate or interest in,\nover, or under land, including structures, fixtures, and other improvements and\ninterests that, by custom, usage, or law, pass with a conveyance of land though\nnot described in the contract of sale or instrument of conveyance. “Real\nestate” includes (i) parcels with or without upper or lower boundaries and\n(ii) spaces that may be filled with air or water.\n\t\t“Residential purposes” means use for dwelling or recreational\npurposes, or both.\n\t\t“Security interest” means an interest in real or personal\nproperty, created by contract or conveyance, that secures payment or performance\nof an obligation. “Security interest” includes a mortgage, deed of\ntrust, trust deed, security deed, contract for deed, land sales contract, lease\nintended as security, assignment of lease or rents intended as security, pledge\nof an ownership interest in an association, and any other consensual lien or\ntitle retention contract intended as security for an obligation.\n\t\t“Special declarant rights” means rights reserved for the benefit\nof a declarant to (i) complete improvements described in the public offering\nstatement pursuant to subdivision A 2 of \u00a7 55.1-2155; (ii) exercise any\ndevelopment right pursuant to \u00a7 55.1-2120; (iii) maintain sales offices,\nmanagement offices, signs advertising the cooperative, and models; (iv) use\neasements through the common elements for the purpose of making improvements\nwithin the cooperative or within real estate that may be added to the\ncooperative; (v) make the cooperative part of a larger cooperative or group of\ncooperatives; (vi) make the cooperative subject to a master association as\nspecified in \u00a7 55.1-2130; or (vii) appoint or remove any officer of the\nassociation, any master association, or any executive board member during any\nperiod of declarant control.\n\t\t“Time share” means a right to occupy a unit or any of several\nunits during five or more separated time periods over a period of at least five\nyears, including renewal options, whether or not coupled with an estate or\ninterest in a cooperative or a specified portion of such estate or interest.\n\t\t“Unit” means a physical portion of the cooperative designated for\nseparate occupancy under a proprietary lease.\n\nHISTORY: 1982, c. 277, \u00a7 55-426; 2005, c. 436; 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}}