{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-2145.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-2145.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-2145.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-2145.html"}],"law_id":80965,"edition_id":1,"section_id":80965,"structure_id":15093,"section_number":"55.1-2145","catch_line":"Insurance","history":"1982, c. 277, \u00a7 55-470; 2019, c. 712.","full_text":"A\n\nCommencing not later than the time of the first conveyance of a cooperative interest to a person other than a declarant, the association shall maintain to the extent reasonably available:1\n\nProperty insurance on the common elements and units insuring against all risks of direct physical loss commonly insured against or, in the case of a conversion building, against fire and extended coverage perils. The total amount of insurance after application of any deductibles shall be not less than 80 percent of the actual cash value of the insured property at the time the insurance is purchased and at each renewal date, exclusive of land, excavations, foundations, and other items normally excluded from property policies; and2\n\nLiability insurance, including medical payments insurance, in an amount determined by the executive board but not less than any amount specified in the declaration, covering all occurrences commonly insured against for death, bodily injury, and property damage arising out of or in connection with the use, ownership, or maintenance of the common elements and units.B\n\nIf the insurance described in subsection A is not reasonably available, the association shall notify all proprietary lessees by hand delivery or by United States mail, sent prepaid. The declaration may require the association to carry any other insurance, and the association may carry any other insurance it deems appropriate to protect the association or the proprietary lessees.C\n\nInsurance policies carried pursuant to subsection A must provide that:1\n\nEach proprietary lessee is an insured person under the policy with respect to liability arising out of his interest in the common elements or membership in the association;2\n\nThe insurer waives its right to subrogation under the policy against any proprietary lessee or member of his household;3\n\nNo act or omission by any proprietary lessee, unless acting within the scope of his authority on behalf of the association, will void the policy or be a condition to recovery under the policy; and4\n\nIf, at the time of a loss under the policy, there is other insurance in the name of a proprietary lessee covering the same risk covered by the policy, the association’s policy provides primary insurance.D\n\nAny loss covered by the property policy under subdivision A 1 must be adjusted with the association, but the insurance proceeds for that loss are payable to any insurance trustee designated for that purpose, or otherwise to the association, and not to any mortgagee or beneficiary under a deed of trust. The insurance trustee or the association shall hold any insurance proceeds in trust for the association, proprietary lessees, and lien holders as their interests may appear. Subject to the provisions of subsection G, the proceeds must be disbursed first for the repair or restoration of the damaged property. The association, proprietary lessees, and lien holders are not entitled to receive payment of any portion of the proceeds unless there is a surplus of proceeds after the property has been completely repaired or restored, or the cooperative is terminated.E\n\nAn insurance policy issued to the association does not prevent a proprietary lessee from obtaining insurance for his own benefit.F\n\nAn insurer that has issued an insurance policy under this section shall issue certificates or memoranda of insurance to the association and, upon written request, to any proprietary lessee or holder of a security interest. The insurer issuing the policy may not cancel or refuse to renew it until 30 days after notice of the proposed cancellation or nonrenewal has been mailed to the association, each proprietary lessee, and each holder of a security interest to whom a certificate or memorandum of insurance has been issued at their respective last known address.G\n\nAny portion of the cooperative for which insurance is required under this section that is damaged or destroyed shall be repaired or replaced promptly by the association unless (i) the cooperative is terminated; (ii) repair or replacement would be illegal under any state or local health or safety statute or ordinance; or (iii) 80 percent of the proprietary lessees, including every proprietary lessee of a unit or assigned limited common element that will not be rebuilt, vote not to rebuild. The cost of repair or replacement in excess of insurance proceeds and reserves is a common expense. If the entire cooperative is not repaired or replaced, (a) the insurance proceeds attributable to the damaged common elements must be used to restore the damaged area to a condition compatible with the remainder of the cooperative and (b) except to the extent that other persons will be distributees, the insurance proceeds attributable to units and limited common elements that are not rebuilt must be distributed to the proprietary lessees of those units and the proprietary lessees of the units to which those limited common elements were allocated, or to lien holders, as their interests may appear, and the remainder of the proceeds must be distributed to all the proprietary lessees or lien holders, as their interests may appear, in proportion to the common expense liabilities of all the cooperative interests. If the proprietary lessees vote not to rebuild any unit, the allocated interests of the cooperative interest of which that unit is a part are automatically reallocated upon the vote as if the unit had been condemned under subsection A of § 55.1-2105, and the association shall promptly prepare, execute, and record an amendment to the declaration reflecting the reallocations. Notwithstanding the provisions of this subsection, § 55.1-2128 governs the distribution of insurance proceeds if the cooperative is terminated.H\n\nThe provisions of this section may be varied or waived in the case of a cooperative whose units are all restricted to nonresidential use.","order_by":null,"text":{"0":{"id":290197,"text":"Commencing not later than the time of the first conveyance of a cooperative interest to a person other than a declarant, the association shall maintain to the extent reasonably available:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":290198,"text":"Property insurance on the common elements and units insuring against all risks of direct physical loss commonly insured against or, in the case of a conversion building, against fire and extended coverage perils. The total amount of insurance after application of any deductibles shall be not less than 80 percent of the actual cash value of the insured property at the time the insurance is purchased and at each renewal date, exclusive of land, excavations, foundations, and other items normally excluded from property policies; and","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":290199,"text":"Liability insurance, including medical payments insurance, in an amount determined by the executive board but not less than any amount specified in the declaration, covering all occurrences commonly insured against for death, bodily injury, and property damage arising out of or in connection with the use, ownership, or maintenance of the common elements and units.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":290200,"text":"If the insurance described in subsection A is not reasonably available, the association shall notify all proprietary lessees by hand delivery or by United States mail, sent prepaid. The declaration may require the association to carry any other insurance, and the association may carry any other insurance it deems appropriate to protect the association or the proprietary lessees.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"4":{"id":290201,"text":"Insurance policies carried pursuant to subsection A must provide that:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"5":{"id":290202,"text":"Each proprietary lessee is an insured person under the policy with respect to liability arising out of his interest in the common elements or membership in the association;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"6":{"id":290203,"text":"The insurer waives its right to subrogation under the policy against any proprietary lessee or member of his household;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"7":{"id":290204,"text":"No act or omission by any proprietary lessee, unless acting within the scope of his authority on behalf of the association, will void the policy or be a condition to recovery under the policy; and","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"8":{"id":290205,"text":"If, at the time of a loss under the policy, there is other insurance in the name of a proprietary lessee covering the same risk covered by the policy, the association’s policy provides primary insurance.","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"D"},"9":{"id":290206,"text":"Any loss covered by the property policy under subdivision A 1 must be adjusted with the association, but the insurance proceeds for that loss are payable to any insurance trustee designated for that purpose, or otherwise to the association, and not to any mortgagee or beneficiary under a deed of trust. The insurance trustee or the association shall hold any insurance proceeds in trust for the association, proprietary lessees, and lien holders as their interests may appear. Subject to the provisions of subsection G, the proceeds must be disbursed first for the repair or restoration of the damaged property. The association, proprietary lessees, and lien holders are not entitled to receive payment of any portion of the proceeds unless there is a surplus of proceeds after the property has been completely repaired or restored, or the cooperative is terminated.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C4","next_prefix":"E"},"10":{"id":290207,"text":"An insurance policy issued to the association does not prevent a proprietary lessee from obtaining insurance for his own benefit.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"11":{"id":290208,"text":"An insurer that has issued an insurance policy under this section shall issue certificates or memoranda of insurance to the association and, upon written request, to any proprietary lessee or holder of a security interest. The insurer issuing the policy may not cancel or refuse to renew it until 30 days after notice of the proposed cancellation or nonrenewal has been mailed to the association, each proprietary lessee, and each holder of a security interest to whom a certificate or memorandum of insurance has been issued at their respective last known address.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"12":{"id":290209,"text":"Any portion of the cooperative for which insurance is required under this section that is damaged or destroyed shall be repaired or replaced promptly by the association unless (i) the cooperative is terminated; (ii) repair or replacement would be illegal under any state or local health or safety statute or ordinance; or (iii) 80 percent of the proprietary lessees, including every proprietary lessee of a unit or assigned limited common element that will not be rebuilt, vote not to rebuild. The cost of repair or replacement in excess of insurance proceeds and reserves is a common expense. If the entire cooperative is not repaired or replaced, (a) the insurance proceeds attributable to the damaged common elements must be used to restore the damaged area to a condition compatible with the remainder of the cooperative and (b) except to the extent that other persons will be distributees, the insurance proceeds attributable to units and limited common elements that are not rebuilt must be distributed to the proprietary lessees of those units and the proprietary lessees of the units to which those limited common elements were allocated, or to lien holders, as their interests may appear, and the remainder of the proceeds must be distributed to all the proprietary lessees or lien holders, as their interests may appear, in proportion to the common expense liabilities of all the cooperative interests. If the proprietary lessees vote not to rebuild any unit, the allocated interests of the cooperative interest of which that unit is a part are automatically reallocated upon the vote as if the unit had been condemned under subsection A of § 55.1-2105, and the association shall promptly prepare, execute, and record an amendment to the declaration reflecting the reallocations. Notwithstanding the provisions of this subsection, § 55.1-2128 governs the distribution of insurance proceeds if the cooperative is terminated.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"13":{"id":290210,"text":"The provisions of this section may be varied or waived in the case of a cooperative whose units are all restricted to nonresidential use.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-2145\/","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 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 712<\/a>.<\/p>","references":[{"id":69933,"section_number":"55.1-2129","catch_line":"Rights of secured lenders","order_by":null,"url":"\/55.1-2129\/"},{"id":74592,"section_number":"55.1-2138","catch_line":"Upkeep of cooperative","order_by":null,"url":"\/55.1-2138\/"}],"refers_to":[{"id":56764,"section_number":"55.1-2105","catch_line":"Eminent domain","order_by":null,"url":"\/55.1-2105\/"},{"id":79915,"section_number":"55.1-2128","catch_line":"Termination of cooperative ownership","order_by":null,"url":"\/55.1-2128\/"}],"permalink":{"id":247305,"object_type":"law","relational_id":80965,"identifier":"55.1-2145","token":"55.1\/IV\/21\/3\/55.1-2145","url":"\/55.1-2145\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-2145\/","token":"55.1\/IV\/21\/3\/55.1-2145","dublin_core":{"Title":"Insurance","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-2145","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Commencing not later than the time of the first conveyance of a cooperative interest<\/span> to a person<\/span> other than a declarant<\/span>, the association<\/span> shall maintain to the extent reasonably available: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Property insurance on the common elements<\/span> and units<\/span> insuring against all risks of direct physical loss commonly insured against or, in the case of a conversion building<\/span>, against fire and extended coverage perils. The total amount of insurance after application of any deductibles shall be not less than 80 percent of the actual cash value of the insured property at the time the insurance is purchased and at each renewal date, exclusive of land, excavations, foundations, and other items normally excluded from property policies; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Liability insurance, including medical payments insurance, in an amount determined by the executive board<\/span> but not less than any amount specified in the declaration<\/span>, covering all occurrences commonly insured against for death, bodily injury, and property damage arising out of or in connection with the use, ownership, or maintenance of the common elements<\/span> and units<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If the insurance described in subsection A is not reasonably available, the association<\/span> shall notify all proprietary lessees<\/span> by hand delivery or by United States mail, sent prepaid. The declaration<\/span> may require the association<\/span> to carry any other insurance, and the association<\/span> may carry any other insurance it deems appropriate to protect the association<\/span> or the proprietary lessees<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Insurance policies carried pursuant to subsection A must provide that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Each proprietary lessee<\/span> is an insured person<\/span> under the policy with respect to liability arising out of his interest in the common elements<\/span> or membership in the association<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The insurer waives<\/span> its right to subrogation under the policy against any proprietary lessee<\/span> or member of his household; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> No act or omission by any proprietary lessee<\/span>, unless acting within the scope of his authority on behalf of the association<\/span>, will void the policy or be a condition to recovery under the policy; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> If, at the time of a loss under the policy, there is other insurance in the name of a proprietary lessee<\/span> covering the same risk covered by the policy, the association<\/span>’s policy provides primary insurance. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any loss covered by the property policy under subdivision A 1 must be adjusted with the association<\/span>, but the insurance proceeds for that loss are payable to any insurance trustee designated for that purpose, or otherwise to the association<\/span>, and not to any mortgagee or beneficiary under a deed of trust. The insurance trustee or the association<\/span> shall hold any insurance proceeds in trust for the association<\/span>, proprietary lessees<\/span>, and lien<\/span> holders as their interests may appear. Subject to the provisions of subsection G, the proceeds must be disbursed first for the repair or restoration of the damaged property. The association<\/span>, proprietary lessees<\/span>, and lien<\/span> holders are not entitled to receive payment of any portion of the proceeds unless there is a surplus of proceeds after the property has been completely repaired or restored, or the cooperative is terminated. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> An insurance policy issued to the association<\/span> does not prevent a proprietary lessee<\/span> from obtaining insurance for his own benefit. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> An insurer that has issued an insurance policy under this section shall issue<\/span> certificates or memoranda of insurance to the association<\/span> and, upon written request, to any proprietary lessee<\/span> or holder of a security interest<\/span>. The insurer issuing the policy may not cancel or refuse to renew it until 30 days after notice of the proposed cancellation or nonrenewal has been mailed to the association<\/span>, each proprietary lessee<\/span>, and each holder of a security interest<\/span> to whom a certificate or memorandum<\/span> of insurance has been issued at their respective last known address. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Any portion of the cooperative for which insurance is required under this section that is damaged or destroyed shall be repaired or replaced promptly by the association<\/span> unless (i) the cooperative is terminated; (ii) repair or replacement would be illegal under any state or local health or safety statute<\/span> or ordinance<\/span>; or (iii) 80 percent of the proprietary lessees<\/span>, including every proprietary lessee<\/span> of a unit<\/span> or assigned limited common element<\/span> that will not be rebuilt, vote not to rebuild. The cost of repair or replacement in excess of insurance proceeds and reserves is a common expense. If the entire cooperative is not repaired or replaced, (a) the insurance proceeds attributable to the damaged common elements must be used to restore the damaged area to a condition compatible with the remainder of the cooperative and (b) except to the extent that other persons<\/span> will be distributees, the insurance proceeds attributable to units<\/span> and limited common elements<\/span> that are not rebuilt must be distributed to the proprietary lessees<\/span> of those units<\/span> and the proprietary lessees<\/span> of the units<\/span> to which those limited common elements<\/span> were allocated, or to lien<\/span> holders, as their interests may appear, and the remainder of the proceeds must be distributed to all the proprietary lessees<\/span> or lien<\/span> holders, as their interests may appear, in proportion to the common expense liabilities of all the cooperative interests<\/span>. If the proprietary lessees<\/span> vote not to rebuild any unit<\/span>, the allocated interests<\/span> of the cooperative interest<\/span> of which that unit<\/span> is a part are automatically reallocated upon the vote as if the unit<\/span> had been condemned under subsection A of § 55.1-2105<\/a>, and the association<\/span> shall promptly prepare, execute, and record an amendment to the declaration<\/span> reflecting the reallocations. Notwithstanding the provisions of this subsection, § 55.1-2128<\/a> governs the distribution of insurance proceeds if the cooperative is terminated. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> The provisions of this section may be varied or waived in the case of a cooperative whose units<\/span> are all restricted to nonresidential use. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nINSURANCE (\u00a7 55.1-2145)\n\nA. Commencing not later than the time of the first conveyance of a cooperative\ninterest to a person other than a declarant, the association shall maintain to\nthe extent reasonably available:\n\n 1. Property insurance on the common elements and units insuring against all\n risks of direct physical loss commonly insured against or, in the case of a\n conversion building, against fire and extended coverage perils. The total\n amount of insurance after application of any deductibles shall be not less\n than 80 percent of the actual cash value of the insured property at the time\n the insurance is purchased and at each renewal date, exclusive of land,\n excavations, foundations, and other items normally excluded from property\n policies; and\n\n 2. Liability insurance, including medical payments insurance, in an amount\n determined by the executive board but not less than any amount specified in\n the declaration, covering all occurrences commonly insured against for death,\n bodily injury, and property damage arising out of or in connection with the\n use, ownership, or maintenance of the common elements and units.\n\nB. If the insurance described in subsection A is not reasonably available, the\nassociation shall notify all proprietary lessees by hand delivery or by United\nStates mail, sent prepaid. The declaration may require the association to carry\nany other insurance, and the association may carry any other insurance it deems\nappropriate to protect the association or the proprietary lessees.\n\nC. Insurance policies carried pursuant to subsection A must provide that:\n\n 1. Each proprietary lessee is an insured person under the policy with respect\n to liability arising out of his interest in the common elements or membership\n in the association;\n\n 2. The insurer waives its right to subrogation under the policy against any\n proprietary lessee or member of his household;\n\n 3. No act or omission by any proprietary lessee, unless acting within the\n scope of his authority on behalf of the association, will void the policy or\n be a condition to recovery under the policy; and\n\n 4. If, at the time of a loss under the policy, there is other insurance in the\n name of a proprietary lessee covering the same risk covered by the policy, the\n association’s policy provides primary insurance.\n\nD. Any loss covered by the property policy under subdivision A 1 must be\nadjusted with the association, but the insurance proceeds for that loss are\npayable to any insurance trustee designated for that purpose, or otherwise to\nthe association, and not to any mortgagee or beneficiary under a deed of trust.\nThe insurance trustee or the association shall hold any insurance proceeds in\ntrust for the association, proprietary lessees, and lien holders as their\ninterests may appear. Subject to the provisions of subsection G, the proceeds\nmust be disbursed first for the repair or restoration of the damaged property.\nThe association, proprietary lessees, and lien holders are not entitled to\nreceive payment of any portion of the proceeds unless there is a surplus of\nproceeds after the property has been completely repaired or restored, or the\ncooperative is terminated.\n\nE. An insurance policy issued to the association does not prevent a proprietary\nlessee from obtaining insurance for his own benefit.\n\nF. An insurer that has issued an insurance policy under this section shall issue\ncertificates or memoranda of insurance to the association and, upon written\nrequest, to any proprietary lessee or holder of a security interest. The insurer\nissuing the policy may not cancel or refuse to renew it until 30 days after\nnotice of the proposed cancellation or nonrenewal has been mailed to the\nassociation, each proprietary lessee, and each holder of a security interest to\nwhom a certificate or memorandum of insurance has been issued at their\nrespective last known address.\n\nG. Any portion of the cooperative for which insurance is required under this\nsection that is damaged or destroyed shall be repaired or replaced promptly by\nthe association unless (i) the cooperative is terminated; (ii) repair or\nreplacement would be illegal under any state or local health or safety statute\nor ordinance; or (iii) 80 percent of the proprietary lessees, including every\nproprietary lessee of a unit or assigned limited common element that will not be\nrebuilt, vote not to rebuild. The cost of repair or replacement in excess of\ninsurance proceeds and reserves is a common expense. If the entire cooperative\nis not repaired or replaced, (a) the insurance proceeds attributable to the\ndamaged common elements must be used to restore the damaged area to a condition\ncompatible with the remainder of the cooperative and (b) except to the extent\nthat other persons will be distributees, the insurance proceeds attributable to\nunits and limited common elements that are not rebuilt must be distributed to\nthe proprietary lessees of those units and the proprietary lessees of the units\nto which those limited common elements were allocated, or to lien holders, as\ntheir interests may appear, and the remainder of the proceeds must be\ndistributed to all the proprietary lessees or lien holders, as their interests\nmay appear, in proportion to the common expense liabilities of all the\ncooperative interests. If the proprietary lessees vote not to rebuild any unit,\nthe allocated interests of the cooperative interest of which that unit is a part\nare automatically reallocated upon the vote as if the unit had been condemned\nunder subsection A of § 55.1-2105, and the association shall promptly\nprepare, execute, and record an amendment to the declaration reflecting the\nreallocations. Notwithstanding the provisions of this subsection, §\n55.1-2128 governs the distribution of insurance proceeds if the cooperative is\nterminated.\n\nH. The provisions of this section may be varied or waived in the case of a\ncooperative whose units are all restricted to nonresidential use.\n\nHISTORY: 1982, c. 277, \u00a7 55-470; 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}}