{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-2143.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-2143.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-2143.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-2143.html"}],"law_id":63917,"edition_id":1,"section_id":63917,"structure_id":15093,"section_number":"55.1-2143","catch_line":"Tort and contract liability","history":"1982, c. 277, \u00a7 55-468; 2019, c. 712.","full_text":"Neither the association nor any proprietary lessee except the declarant is liable for that declarant&#8217;s torts in connection with any part of the cooperative that that declarant has the responsibility to maintain. Otherwise, an action alleging wrongdoing by the association shall be brought against the association and not against any proprietary lessee. If such wrongdoing occurred during any period of declarant control, and the association gives the declarant reasonable notice of and an opportunity to defend against the action, the declarant who then controlled the association is liable to the association or to any proprietary lessee (i) for all tort losses not covered by insurance suffered by the association or that proprietary lessee and (ii) for all costs that the association would not have incurred but for a breach of contract or other wrongful act or omission. Whenever the declarant is liable to the association under this section, the declarant is also liable for all litigation expenses, including reasonable attorney fees, incurred by the association. Any statute of limitation affecting the association&#8217;s right of action under this section is tolled until the period of declarant control terminates.\n\t\tA proprietary lessee is not precluded from bringing an action contemplated by this section because he is a proprietary lessee or a member or officer of the association. Liens resulting from judgments against the association are governed by \u00a7 55.1-2151.","order_by":null,"text":{"0":{"id":232785,"text":"Neither the association nor any proprietary lessee except the declarant is liable for that declarant&#8217;s torts in connection with any part of the cooperative that that declarant has the responsibility to maintain. Otherwise, an action alleging wrongdoing by the association shall be brought against the association and not against any proprietary lessee. If such wrongdoing occurred during any period of declarant control, and the association gives the declarant reasonable notice of and an opportunity to defend against the action, the declarant who then controlled the association is liable to the association or to any proprietary lessee (i) for all tort losses not covered by insurance suffered by the association or that proprietary lessee and (ii) for all costs that the association would not have incurred but for a breach of contract or other wrongful act or omission. Whenever the declarant is liable to the association under this section, the declarant is also liable for all litigation expenses, including reasonable attorney fees, incurred by the association. Any statute of limitation affecting the association&#8217;s right of action under this section is tolled until the period of declarant control terminates.\n\t\tA proprietary lessee is not precluded from bringing an action contemplated by this section because he is a proprietary lessee or a member or officer of the association. Liens resulting from judgments against the association are governed by \u00a7 55.1-2151.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-2143\/","history_text":"<p>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 1 time. 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. That modification is as follows: in 2019, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?191+ful+CHAP0712\">712<\/a>.<\/p>","references":[{"id":80253,"section_number":"55.1-2101","catch_line":"Applicability","order_by":null,"url":"\/55.1-2101\/"}],"refers_to":[{"id":61430,"section_number":"55.1-2151","catch_line":"Association records","order_by":null,"url":"\/55.1-2151\/"}],"permalink":{"id":247297,"object_type":"law","relational_id":63917,"identifier":"55.1-2143","token":"55.1\/IV\/21\/3\/55.1-2143","url":"\/55.1-2143\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-2143\/","token":"55.1\/IV\/21\/3\/55.1-2143","dublin_core":{"Title":"Tort and contract liability","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-2143","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>Neither the <span class=\"dictionary\">association<\/span> nor any <span class=\"dictionary\">proprietary lessee<\/span> except the <span class=\"dictionary\">declarant<\/span> is liable for that <span class=\"dictionary\">declarant<\/span>&#8217;s <span class=\"dictionary\">torts<\/span> in connection with any part of the <span class=\"dictionary\">cooperative<\/span> that that <span class=\"dictionary\">declarant<\/span> has the responsibility to maintain. Otherwise, an action alleging wrongdoing by the <span class=\"dictionary\">association<\/span> shall be brought against the <span class=\"dictionary\">association<\/span> and not against any <span class=\"dictionary\">proprietary lessee<\/span>. If such wrongdoing occurred during any period of <span class=\"dictionary\">declarant<\/span> control, and the <span class=\"dictionary\">association<\/span> gives the <span class=\"dictionary\">declarant<\/span> reasonable notice of and an opportunity to defend against the action, the <span class=\"dictionary\">declarant<\/span> who then controlled the <span class=\"dictionary\">association<\/span> is liable to the <span class=\"dictionary\">association<\/span> or to any <span class=\"dictionary\">proprietary lessee<\/span> (i) for all <span class=\"dictionary\">tort<\/span> losses not covered by insurance suffered by the <span class=\"dictionary\">association<\/span> or that <span class=\"dictionary\">proprietary lessee<\/span> and (ii) for all costs that the <span class=\"dictionary\">association<\/span> would not have incurred but for a breach of <span class=\"dictionary\">contract<\/span> or other wrongful act or omission. Whenever the <span class=\"dictionary\">declarant<\/span> is liable to the <span class=\"dictionary\">association<\/span> under this section, the <span class=\"dictionary\">declarant<\/span> is also liable for all <span class=\"dictionary\">litigation<\/span> expenses, including reasonable attorney fees, incurred by the <span class=\"dictionary\">association<\/span>. Any <span class=\"dictionary\">statute<\/span> of limitation affecting the <span class=\"dictionary\">association<\/span>&#8217;s right of action under this section is tolled until the period of <span class=\"dictionary\">declarant<\/span> control terminates.\n\t\tA <span class=\"dictionary\">proprietary lessee<\/span> is not precluded from bringing an action contemplated by this section because he is a <span class=\"dictionary\">proprietary lessee<\/span> or a member or officer of the <span class=\"dictionary\">association<\/span>. <span class=\"dictionary\">Liens<\/span> resulting from <span class=\"dictionary\">judgments<\/span> against the <span class=\"dictionary\">association<\/span> are governed by \u00a7&nbsp;<a class=\"law\" title=\"Association records\" href=\"\/55.1-2151\/\">55.1-2151<\/a>.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nTORT AND CONTRACT LIABILITY (\u00a7 55.1-2143)\n\nNeither the association nor any proprietary lessee except the declarant is\nliable for that declarant&#8217;s torts in connection with any part of the\ncooperative that that declarant has the responsibility to maintain. Otherwise,\nan action alleging wrongdoing by the association shall be brought against the\nassociation and not against any proprietary lessee. If such wrongdoing occurred\nduring any period of declarant control, and the association gives the declarant\nreasonable notice of and an opportunity to defend against the action, the\ndeclarant who then controlled the association is liable to the association or to\nany proprietary lessee (i) for all tort losses not covered by insurance suffered\nby the association or that proprietary lessee and (ii) for all costs that the\nassociation would not have incurred but for a breach of contract or other\nwrongful act or omission. Whenever the declarant is liable to the association\nunder this section, the declarant is also liable for all litigation expenses,\nincluding reasonable attorney fees, incurred by the association. Any statute of\nlimitation affecting the association&#8217;s right of action under this section\nis tolled until the period of declarant control terminates.\n\t\tA proprietary lessee is not precluded from bringing an action contemplated by\nthis section because he is a proprietary lessee or a member or officer of the\nassociation. Liens resulting from judgments against the association are governed\nby \u00a7 55.1-2151.\n\nHISTORY: 1982, c. 277, \u00a7 55-468; 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}}