{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-2136.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-2136.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-2136.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-2136.html"}],"law_id":86214,"edition_id":1,"section_id":86214,"structure_id":15093,"section_number":"55.1-2136","catch_line":"Termination of contracts and leases of declarant","history":"1982, c. 277, \u00a7 55-462; 1985, c. 83; 2004, c. 242; 2019, c. 712.","full_text":"If entered into before the executive board elected by the proprietary lessees pursuant to subsection F of \u00a7 55.1-2134 takes office, (i) any management contract, employment contract, or lease of recreational or parking areas or facilities, (ii) any other contract or lease between the association and a declarant or an affiliate of a declarant, or (iii) any contract or lease that is not bona fide or was unconscionable to the proprietary lessees at the time entered into under the circumstances then prevailing may be terminated without penalty by the association at any time after the executive board elected by the proprietary lessees pursuant to subsection F of \u00a7 55.1-2134 takes office after giving at least 90 days’ notice to the other party. However, a management contract that is not unconscionable between an association directly or indirectly providing assisted living or nursing services to proprietary lessees and a declarant or an affiliate of a declarant may not be terminated while a member of the executive board appointed by the declarant continues to serve unless such termination is approved by a vote of a majority of the members of the executive board and a majority vote of the proprietary lessees, other than the declarant.\n\t\tThis section does not apply to any proprietary lease or any lease the termination of which would terminate the cooperative or reduce its size, unless the real estate subject to that lease was included in the cooperative for the purpose of avoiding the right of the association to terminate a lease under this section. This section does not apply to any contract, incidental to the disposition of a cooperative interest, to provide to a proprietary lessee for the duration of such proprietary lessee’s life, or for any term in excess of one year, nursing services, medical services, other health-related services, board and lodging, and care as necessary, or any combination of such services. The rule of property law known as the rule restricting unreasonable restraints on alienation shall not be applied to defeat any provision of the declaration, bylaws, or proprietary leases requiring that the proprietary lessees be parties to such contracts.","order_by":null,"text":{"0":{"id":308820,"text":"If entered into before the executive board elected by the proprietary lessees pursuant to subsection F of \u00a7 55.1-2134 takes office, (i) any management contract, employment contract, or lease of recreational or parking areas or facilities, (ii) any other contract or lease between the association and a declarant or an affiliate of a declarant, or (iii) any contract or lease that is not bona fide or was unconscionable to the proprietary lessees at the time entered into under the circumstances then prevailing may be terminated without penalty by the association at any time after the executive board elected by the proprietary lessees pursuant to subsection F of \u00a7 55.1-2134 takes office after giving at least 90 days’ notice to the other party. However, a management contract that is not unconscionable between an association directly or indirectly providing assisted living or nursing services to proprietary lessees and a declarant or an affiliate of a declarant may not be terminated while a member of the executive board appointed by the declarant continues to serve unless such termination is approved by a vote of a majority of the members of the executive board and a majority vote of the proprietary lessees, other than the declarant.\n\t\tThis section does not apply to any proprietary lease or any lease the termination of which would terminate the cooperative or reduce its size, unless the real estate subject to that lease was included in the cooperative for the purpose of avoiding the right of the association to terminate a lease under this section. This section does not apply to any contract, incidental to the disposition of a cooperative interest, to provide to a proprietary lessee for the duration of such proprietary lessee’s life, or for any term in excess of one year, nursing services, medical services, other health-related services, board and lodging, and care as necessary, or any combination of such services. The rule of property law known as the rule restricting unreasonable restraints on alienation shall not be applied to defeat any provision of the declaration, bylaws, or proprietary leases requiring that the proprietary lessees be parties to such contracts.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":15093,"edition_id":1,"name":"Management of Cooperatives","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":13509,"metadata":{},"date_created":"2026-06-26 03:52:06","date_modified":"2026-06-26 03:52:06","permalink":{"id":247243,"object_type":"structure","relational_id":15093,"identifier":"3","token":"55.1\/IV\/21\/3","url":"\/55.1\/IV\/21\/3\/","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":79353,"structure_id":15093,"section_number":"55.1-2132","catch_line":"Organization of the association","url":"\/55.1-2132\/","token":"55.1\/IV\/21\/3\/55.1-2132","metadata":false},{"id":74016,"structure_id":15093,"section_number":"55.1-2133","catch_line":"Powers of the association","url":"\/55.1-2133\/","token":"55.1\/IV\/21\/3\/55.1-2133","metadata":false},{"id":74697,"structure_id":15093,"section_number":"55.1-2133.1","catch_line":"Installation of solar energy collection devices","url":"\/55.1-2133.1\/","token":"55.1\/IV\/21\/3\/55.1-2133.1","metadata":false},{"id":58879,"structure_id":15093,"section_number":"55.1-2134","catch_line":"Executive board members and officers","url":"\/55.1-2134\/","token":"55.1\/IV\/21\/3\/55.1-2134","metadata":false},{"id":74321,"structure_id":15093,"section_number":"55.1-2135","catch_line":"Transfer of special declarant rights","url":"\/55.1-2135\/","token":"55.1\/IV\/21\/3\/55.1-2135","metadata":false},{"id":86214,"structure_id":15093,"section_number":"55.1-2136","catch_line":"Termination of contracts and leases of declarant","url":"\/55.1-2136\/","token":"55.1\/IV\/21\/3\/55.1-2136","metadata":false},{"id":57517,"structure_id":15093,"section_number":"55.1-2137","catch_line":"Bylaws","url":"\/55.1-2137\/","token":"55.1\/IV\/21\/3\/55.1-2137","metadata":false},{"id":74592,"structure_id":15093,"section_number":"55.1-2138","catch_line":"Upkeep of cooperative","url":"\/55.1-2138\/","token":"55.1\/IV\/21\/3\/55.1-2138","metadata":false},{"id":80840,"structure_id":15093,"section_number":"55.1-2139","catch_line":"Common elements; notice of pesticide application","url":"\/55.1-2139\/","token":"55.1\/IV\/21\/3\/55.1-2139","metadata":false},{"id":75581,"structure_id":15093,"section_number":"55.1-2139.1","catch_line":"Electric vehicle charging stations permitted","url":"\/55.1-2139.1\/","token":"55.1\/IV\/21\/3\/55.1-2139.1","metadata":false},{"id":71613,"structure_id":15093,"section_number":"55.1-2140","catch_line":"Meetings","url":"\/55.1-2140\/","token":"55.1\/IV\/21\/3\/55.1-2140","metadata":false},{"id":75116,"structure_id":15093,"section_number":"55.1-2141","catch_line":"Quorums","url":"\/55.1-2141\/","token":"55.1\/IV\/21\/3\/55.1-2141","metadata":false},{"id":68455,"structure_id":15093,"section_number":"55.1-2142","catch_line":"Voting; proxies","url":"\/55.1-2142\/","token":"55.1\/IV\/21\/3\/55.1-2142","metadata":false},{"id":63917,"structure_id":15093,"section_number":"55.1-2143","catch_line":"Tort and contract liability","url":"\/55.1-2143\/","token":"55.1\/IV\/21\/3\/55.1-2143","metadata":false},{"id":83581,"structure_id":15093,"section_number":"55.1-2144","catch_line":"Conveyance or encumbrance of the cooperative","url":"\/55.1-2144\/","token":"55.1\/IV\/21\/3\/55.1-2144","metadata":false},{"id":80965,"structure_id":15093,"section_number":"55.1-2145","catch_line":"Insurance","url":"\/55.1-2145\/","token":"55.1\/IV\/21\/3\/55.1-2145","metadata":false},{"id":86773,"structure_id":15093,"section_number":"55.1-2146","catch_line":"Assessments for common expenses","url":"\/55.1-2146\/","token":"55.1\/IV\/21\/3\/55.1-2146","metadata":false},{"id":64409,"structure_id":15093,"section_number":"55.1-2147","catch_line":"Annual budget; reserves for capital components","url":"\/55.1-2147\/","token":"55.1\/IV\/21\/3\/55.1-2147","metadata":false},{"id":60916,"structure_id":15093,"section_number":"55.1-2148","catch_line":"Remedies for nonpayment of assessments; lien; foreclosure","url":"\/55.1-2148\/","token":"55.1\/IV\/21\/3\/55.1-2148","metadata":false},{"id":83139,"structure_id":15093,"section_number":"55.1-2149","catch_line":"Other liens affecting the cooperative","url":"\/55.1-2149\/","token":"55.1\/IV\/21\/3\/55.1-2149","metadata":false},{"id":78680,"structure_id":15093,"section_number":"55.1-2150","catch_line":"Limitation of assumption of debt and encumbrances","url":"\/55.1-2150\/","token":"55.1\/IV\/21\/3\/55.1-2150","metadata":false},{"id":61430,"structure_id":15093,"section_number":"55.1-2151","catch_line":"Association records","url":"\/55.1-2151\/","token":"55.1\/IV\/21\/3\/55.1-2151","metadata":false},{"id":74718,"structure_id":15093,"section_number":"55.1-2152","catch_line":"Association as trustee","url":"\/55.1-2152\/","token":"55.1\/IV\/21\/3\/55.1-2152","metadata":false}],"previous_section":{"id":74321,"structure_id":15093,"section_number":"55.1-2135","catch_line":"Transfer of special declarant rights","url":"\/55.1-2135\/","token":"55.1\/IV\/21\/3\/55.1-2135","metadata":false},"next_section":{"id":57517,"structure_id":15093,"section_number":"55.1-2137","catch_line":"Bylaws","url":"\/55.1-2137\/","token":"55.1\/IV\/21\/3\/55.1-2137","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-2136\/","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 3 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 1985, chapter 83; in 2004, chapter 242<\/a>; in 2019, chapter 712<\/a>.<\/p>","references":[{"id":57013,"section_number":"55.1-2155","catch_line":"Public offering statement; general provisions","order_by":null,"url":"\/55.1-2155\/"}],"refers_to":[{"id":58879,"section_number":"55.1-2134","catch_line":"Executive board members and officers","order_by":null,"url":"\/55.1-2134\/"}],"permalink":{"id":247265,"object_type":"law","relational_id":86214,"identifier":"55.1-2136","token":"55.1\/IV\/21\/3\/55.1-2136","url":"\/55.1-2136\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-2136\/","token":"55.1\/IV\/21\/3\/55.1-2136","dublin_core":{"Title":"Termination of contracts and leases of declarant","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-2136","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

If entered into before the executive board<\/span> elected by the proprietary lessees<\/span> pursuant to subsection F of \u00a7 55.1-2134<\/a> takes office, (i) any management contract<\/span>, employment contract<\/span>, or lease of recreational or parking areas or facilities, (ii) any other contract<\/span> or lease between the association<\/span> and a declarant or an affiliate of a declarant<\/span>, or (iii) any contract<\/span> or lease that is not bona fide or was unconscionable to the proprietary lessees<\/span> at the time entered into under the circumstances then prevailing may be terminated without penalty<\/span> by the association<\/span> at any time after the executive board<\/span> elected by the proprietary lessees<\/span> pursuant to subsection F of \u00a7 55.1-2134<\/a> takes office after giving at least 90 days’ notice to the other party<\/span>. However, a management contract<\/span> that is not unconscionable between an association<\/span> directly or indirectly providing assisted living or nursing services to proprietary lessees<\/span> and a declarant or an affiliate of a declarant<\/span> may not be terminated while a member of the executive board<\/span> appointed by the declarant continues to serve unless such termination is approved by a vote of a majority of the members of the executive board<\/span> and a majority vote of the proprietary lessees<\/span>, other than the declarant.\n\t\tThis section does not apply to any proprietary lease<\/span> or any lease the termination of which would terminate the cooperative or reduce its size, unless the real estate<\/span> subject to that lease was included in the cooperative for the purpose of avoiding the right of the association<\/span> to terminate a lease under this section. This section does not apply to any contract<\/span>, incidental to the disposition<\/span> of a cooperative interest<\/span>, to provide to a proprietary lessee<\/span> for the duration of such proprietary lessee<\/span>’s life, or for any term in excess of one year, nursing services, medical services, other health-related services, board and lodging, and care as necessary, or any combination of such services. The rule of property law<\/span> known as the rule restricting unreasonable restraints on alienation shall not be applied to defeat any provision of the declaration<\/span>, bylaws, or proprietary leases<\/span> requiring that the proprietary lessees<\/span> be parties to such contracts<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nTERMINATION OF CONTRACTS AND LEASES OF DECLARANT (\u00a7 55.1-2136)\n\nIf entered into before the executive board elected by the proprietary lessees\npursuant to subsection F of \u00a7 55.1-2134 takes office, (i) any management\ncontract, employment contract, or lease of recreational or parking areas or\nfacilities, (ii) any other contract or lease between the association and a\ndeclarant or an affiliate of a declarant, or (iii) any contract or lease that is\nnot bona fide or was unconscionable to the proprietary lessees at the time\nentered into under the circumstances then prevailing may be terminated without\npenalty by the association at any time after the executive board elected by the\nproprietary lessees pursuant to subsection F of \u00a7 55.1-2134 takes office after\ngiving at least 90 days’ notice to the other party. However, a management\ncontract that is not unconscionable between an association directly or\nindirectly providing assisted living or nursing services to proprietary lessees\nand a declarant or an affiliate of a declarant may not be terminated while a\nmember of the executive board appointed by the declarant continues to serve\nunless such termination is approved by a vote of a majority of the members of\nthe executive board and a majority vote of the proprietary lessees, other than\nthe declarant.\n\t\tThis section does not apply to any proprietary lease or any lease the\ntermination of which would terminate the cooperative or reduce its size, unless\nthe real estate subject to that lease was included in the cooperative for the\npurpose of avoiding the right of the association to terminate a lease under this\nsection. This section does not apply to any contract, incidental to the\ndisposition of a cooperative interest, to provide to a proprietary lessee for\nthe duration of such proprietary lessee’s life, or for any term in excess\nof one year, nursing services, medical services, other health-related services,\nboard and lodging, and care as necessary, or any combination of such services.\nThe rule of property law known as the rule restricting unreasonable restraints\non alienation shall not be applied to defeat any provision of the declaration,\nbylaws, or proprietary leases requiring that the proprietary lessees be parties\nto such contracts.\n\nHISTORY: 1982, c. 277, \u00a7 55-462; 1985, c. 83; 2004, c. 242; 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}}