{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-2247.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-2247.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-2247.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-2247.html"}],"law_id":55034,"edition_id":1,"section_id":55034,"structure_id":13544,"section_number":"55.1-2247","catch_line":"General powers and duties of Board","history":"1981, c. 462, \u00a7 55-396; 1985, c. 517; 1998, c. 460; 2008, c. 376; 2011, c. 605; 2012, c. 751; 2019, cc. 467, 499, 712; 2020, c. 1011.","full_text":"A\n\nThe Board may adopt, amend, and repeal rules and regulations and issue orders consistent with and in furtherance of the objectives of this chapter. The Board may prescribe forms and procedures for submitting information to the Board.B\n\nThe Board may accept grants in aid from any governmental source and may contract with agencies charged with similar functions in this or other jurisdictions, in furtherance of the objectives of this chapter.C\n\nThe Board may cooperate with agencies performing similar functions in this and other jurisdictions to develop uniform filing procedures and forms, uniform disclosure standards, and uniform administrative practices and may develop information that may be useful in the discharge of the Board&#8217;s duties.D\n\n1. The Board may issue an order requiring the developer or reseller to cease and desist from the unlawful practice and to take such affirmative action as in the judgment of the Board will carry out the purposes of this chapter if it determines after legal notice and opportunity for hearing that a developer or reseller or an agent of a developer or reseller has:\n\t\t\ta. Made any representation in any document or information filed with the Board that is false or misleading;\n\t\t\tb. Engaged or is engaging in any unlawful act or practice;\n\t\t\tc. Disseminated or caused to be disseminated orally, or in writing, any false or misleading promotional materials in connection with a time-share program;\n\t\t\td. Concealed, diverted, or disposed of any funds or assets of any person in a manner impairing rights of purchasers of time-shares in the time-share program;\n\t\t\te. Failed to perform any stipulation or agreement made to induce the Board to issue an order relating to that time-share program;\n\t\t\tf. Otherwise violated any provision of this chapter or any of the Board&#8217;s rules and regulations or orders; or\n\t\t\tg. Disposed of any time-share in a time-share program without first complying with the requirements of this chapter.2\n\nIf the Board makes a finding of fact in writing that the public interest will be irreparably harmed by delay in issuing an order, as prescribed in subdivision 1, it may issue a temporary order to cease and desist or to take such affirmative action as may be deemed appropriate by the agency. Prior to issuing the temporary order, the Board shall give notice of the proposal to issue a temporary order to the developer or the reseller. Every temporary order shall include in its terms:\n\t\t\t\ta. A provision clearly stating the reasons for issuing such order and the nature and extent of the facts and findings on which the order is based;\n\t\t\t\tb. A provision that a failure to comply with such temporary order will be a violation of this chapter; and\n\t\t\t\tc. A provision that upon request a hearing will be held promptly to determine whether or not the order shall become permanent.\n\t\t\t\tThe Board shall not issue more than one temporary order with reference to such finding of fact as prescribed in this subsection.E\n\nThe Board may also issue a cease and desist order if the developer has not registered the time-share program as required by this chapter or if a reseller has not registered as required by this chapter.F\n\nThe Board, after notice and hearing, may issue an order revoking the registration of the developer&#8217;s time-share program or the registration of a reseller upon determination that such developer, reseller, or agent of such developer or reseller has failed to comply with a cease and desist order issued by the Board affecting the developer&#8217;s time-share program or the reseller.G\n\nIf it appears that any person has engaged, is engaging, or is about to engage in any act or practice in violation of this chapter or any of the Board&#8217;s rules, regulations, or orders applicable to this chapter, the Board, without prior administrative proceedings, may bring an action in the circuit court of the county or city in which any portion of the time-share project is located to enjoin that act or practice or for other appropriate relief. The Board is not required to post a bond or prove that no adequate remedy at law exists.H\n\nUpon request of a time-share owner, the Board shall, in accordance with subsection B of &#xA7; 55.1-2230, issue its determination whether compliance with &#xA7; 55.1-2220 or 55.1-2234 has occurred.","order_by":null,"text":{"0":{"id":201830,"text":"The Board may adopt, amend, and repeal rules and regulations and issue orders consistent with and in furtherance of the objectives of this chapter. The Board may prescribe forms and procedures for submitting information to the Board.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":201831,"text":"The Board may accept grants in aid from any governmental source and may contract with agencies charged with similar functions in this or other jurisdictions, in furtherance of the objectives of this chapter.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":201832,"text":"The Board may cooperate with agencies performing similar functions in this and other jurisdictions to develop uniform filing procedures and forms, uniform disclosure standards, and uniform administrative practices and may develop information that may be useful in the discharge of the Board&#8217;s duties.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":201833,"text":"1. The Board may issue an order requiring the developer or reseller to cease and desist from the unlawful practice and to take such affirmative action as in the judgment of the Board will carry out the purposes of this chapter if it determines after legal notice and opportunity for hearing that a developer or reseller or an agent of a developer or reseller has:\n\t\t\ta. Made any representation in any document or information filed with the Board that is false or misleading;\n\t\t\tb. Engaged or is engaging in any unlawful act or practice;\n\t\t\tc. Disseminated or caused to be disseminated orally, or in writing, any false or misleading promotional materials in connection with a time-share program;\n\t\t\td. Concealed, diverted, or disposed of any funds or assets of any person in a manner impairing rights of purchasers of time-shares in the time-share program;\n\t\t\te. Failed to perform any stipulation or agreement made to induce the Board to issue an order relating to that time-share program;\n\t\t\tf. Otherwise violated any provision of this chapter or any of the Board&#8217;s rules and regulations or orders; or\n\t\t\tg. Disposed of any time-share in a time-share program without first complying with the requirements of this chapter.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D2"},"4":{"id":201834,"text":"If the Board makes a finding of fact in writing that the public interest will be irreparably harmed by delay in issuing an order, as prescribed in subdivision 1, it may issue a temporary order to cease and desist or to take such affirmative action as may be deemed appropriate by the agency. Prior to issuing the temporary order, the Board shall give notice of the proposal to issue a temporary order to the developer or the reseller. Every temporary order shall include in its terms:\n\t\t\t\ta. A provision clearly stating the reasons for issuing such order and the nature and extent of the facts and findings on which the order is based;\n\t\t\t\tb. A provision that a failure to comply with such temporary order will be a violation of this chapter; and\n\t\t\t\tc. A provision that upon request a hearing will be held promptly to determine whether or not the order shall become permanent.\n\t\t\t\tThe Board shall not issue more than one temporary order with reference to such finding of fact as prescribed in this subsection.","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D","next_prefix":"E"},"5":{"id":201835,"text":"The Board may also issue a cease and desist order if the developer has not registered the time-share program as required by this chapter or if a reseller has not registered as required by this chapter.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D2","next_prefix":"F"},"6":{"id":201836,"text":"The Board, after notice and hearing, may issue an order revoking the registration of the developer&#8217;s time-share program or the registration of a reseller upon determination that such developer, reseller, or agent of such developer or reseller has failed to comply with a cease and desist order issued by the Board affecting the developer&#8217;s time-share program or the reseller.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"7":{"id":201837,"text":"If it appears that any person has engaged, is engaging, or is about to engage in any act or practice in violation of this chapter or any of the Board&#8217;s rules, regulations, or orders applicable to this chapter, the Board, without prior administrative proceedings, may bring an action in the circuit court of the county or city in which any portion of the time-share project is located to enjoin that act or practice or for other appropriate relief. The Board is not required to post a bond or prove that no adequate remedy at law exists.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"8":{"id":201838,"text":"Upon request of a time-share owner, the Board shall, in accordance with subsection B of &#xA7; 55.1-2230, issue its determination whether compliance with &#xA7; 55.1-2220 or 55.1-2234 has occurred.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"ancestry":[{"id":13544,"edition_id":1,"name":"Administration","identifier":"6","label":"article","depth":4,"order_by":1,"parent_id":13543,"metadata":{},"date_created":"2026-06-26 03:45:10","date_modified":"2026-06-26 03:45:10","permalink":{"id":247669,"object_type":"structure","relational_id":13544,"identifier":"6","token":"55.1\/IV\/22\/6","url":"\/55.1\/IV\/22\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13543,"edition_id":1,"name":"Virginia Real Estate Time-Share Act","identifier":"22","label":"chapter","depth":3,"order_by":1,"parent_id":12914,"metadata":{},"date_created":"2026-06-26 03:45:10","date_modified":"2026-06-26 03:45:10","permalink":{"id":247469,"object_type":"structure","relational_id":13543,"identifier":"22","token":"55.1\/IV\/22","url":"\/55.1\/IV\/22\/","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":55034,"structure_id":13544,"section_number":"55.1-2247","catch_line":"General powers and duties of Board","url":"\/55.1-2247\/","token":"55.1\/IV\/22\/6\/55.1-2247","metadata":false},{"id":56337,"structure_id":13544,"section_number":"55.1-2248","catch_line":"Cancellation of cease and desist order; reinstatement of registration of developer","url":"\/55.1-2248\/","token":"55.1\/IV\/22\/6\/55.1-2248","metadata":false},{"id":55440,"structure_id":13544,"section_number":"55.1-2249","catch_line":"Board regulation of public offering statement","url":"\/55.1-2249\/","token":"55.1\/IV\/22\/6\/55.1-2249","metadata":false},{"id":63349,"structure_id":13544,"section_number":"55.1-2250","catch_line":"Proceedings and investigations","url":"\/55.1-2250\/","token":"55.1\/IV\/22\/6\/55.1-2250","metadata":false},{"id":73317,"structure_id":13544,"section_number":"55.1-2251","catch_line":"Repealed","url":"\/55.1-2251\/","token":"55.1\/IV\/22\/6\/55.1-2251","metadata":false},{"id":54508,"structure_id":13544,"section_number":"55.1-2252","catch_line":"Penalties","url":"\/55.1-2252\/","token":"55.1\/IV\/22\/6\/55.1-2252","metadata":false}],"next_section":{"id":56337,"structure_id":13544,"section_number":"55.1-2248","catch_line":"Cancellation of cease and desist order; reinstatement of registration of developer","url":"\/55.1-2248\/","token":"55.1\/IV\/22\/6\/55.1-2248","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-2247\/","history_text":"<p>This law was first created in 1981. The record of its establishment is cataloged in chapter 462 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 1981 \u201cActs\u201d aren\u2019t available online. It has been modified 7 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 517; in 1998, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?981+ful+CHAP0460\">460<\/a>; in 2008, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?081+ful+CHAP0376\">376<\/a>; in 2011, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?111+ful+CHAP0605\">605<\/a>; in 2012, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0751\">751<\/a>; in 2019, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?191+ful+CHAP0467\">467<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?191+ful+CHAP0499\">499<\/a>, and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?191+ful+CHAP0712\">712<\/a>; in 2020, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP1011\">1011<\/a>.<\/p>","references":[{"id":82622,"section_number":"55.1-2219","catch_line":"Exchange programs","order_by":null,"url":"\/55.1-2219\/"},{"id":56337,"section_number":"55.1-2248","catch_line":"Cancellation of cease and desist order; reinstatement of registration of developer","order_by":null,"url":"\/55.1-2248\/"},{"id":54508,"section_number":"55.1-2252","catch_line":"Penalties","order_by":null,"url":"\/55.1-2252\/"}],"refers_to":[{"id":65782,"section_number":"55.1-2220","catch_line":"Escrow of deposits; use of corporate surety bond or irrevocable letter of credit","order_by":null,"url":"\/55.1-2220\/"},{"id":80677,"section_number":"55.1-2230","catch_line":"Effect of violations on rights of action; attorney fees; prior determination of Common Interest Community Board required for certain violations","order_by":null,"url":"\/55.1-2230\/"},{"id":64251,"section_number":"55.1-2234","catch_line":"Developer's obligation to complete","order_by":null,"url":"\/55.1-2234\/"}],"permalink":{"id":247671,"object_type":"law","relational_id":55034,"identifier":"55.1-2247","token":"55.1\/IV\/22\/6\/55.1-2247","url":"\/55.1-2247\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-2247\/","token":"55.1\/IV\/22\/6\/55.1-2247","dublin_core":{"Title":"General powers and duties of Board","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-2247","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> The <span class=\"dictionary\">Board<\/span> may adopt, <span class=\"dictionary\">amend<\/span>, and repeal rules and regulations and <span class=\"dictionary\">issue<\/span> <span class=\"dictionary\">orders<\/span> consistent with and in furtherance of the objectives of this chapter. The <span class=\"dictionary\">Board<\/span> may prescribe forms and procedures for submitting information to the <span class=\"dictionary\">Board<\/span>. <a id=\"paragraph-201830\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/55.1-2247\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> The <span class=\"dictionary\">Board<\/span> may accept grants in aid from any governmental source and may <span class=\"dictionary\">contract<\/span> with agencies charged with similar functions in this or other <span class=\"dictionary\">jurisdictions<\/span>, in furtherance of the objectives of this chapter. <a id=\"paragraph-201831\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/55.1-2247\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> The <span class=\"dictionary\">Board<\/span> may cooperate with agencies performing similar functions in this and other <span class=\"dictionary\">jurisdictions<\/span> to develop uniform filing procedures and forms, uniform disclosure standards, and uniform administrative practices and may develop information that may be useful in the discharge of the <span class=\"dictionary\">Board<\/span>&#8217;s duties. <a id=\"paragraph-201832\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/55.1-2247\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> 1. The <span class=\"dictionary\">Board<\/span> may <span class=\"dictionary\">issue<\/span> an <span class=\"dictionary\">order<\/span> requiring the <span class=\"dictionary\">developer<\/span> or <span class=\"dictionary\">reseller<\/span> to cease and desist from the unlawful practice and to take such affirmative action as in the <span class=\"dictionary\">judgment<\/span> of the <span class=\"dictionary\">Board<\/span> will carry out the purposes of this chapter if it determines after legal notice and opportunity for <span class=\"dictionary\">hearing<\/span> that a <span class=\"dictionary\">developer<\/span> or <span class=\"dictionary\">reseller<\/span> or an agent of a <span class=\"dictionary\">developer<\/span> or <span class=\"dictionary\">reseller<\/span> has:\n\t\t\ta. Made any representation in any document or information filed with the <span class=\"dictionary\">Board<\/span> that is false or misleading;\n\t\t\tb. Engaged or is engaging in any unlawful act or practice;\n\t\t\tc. Disseminated or caused to be disseminated orally, or in writing, any false or misleading promotional <span class=\"dictionary\">materials<\/span> in connection with a <span class=\"dictionary\">time-share program<\/span>;\n\t\t\td. Concealed, diverted, or disposed of any funds or <span class=\"dictionary\">assets<\/span> of any <span class=\"dictionary\">person<\/span> in a manner impairing rights of <span class=\"dictionary\">purchasers<\/span> of <span class=\"dictionary\">time-shares<\/span> in the <span class=\"dictionary\">time-share program<\/span>;\n\t\t\te. Failed to perform any <span class=\"dictionary\">stipulation<\/span> or agreement made to induce the <span class=\"dictionary\">Board<\/span> to <span class=\"dictionary\">issue<\/span> an <span class=\"dictionary\">order<\/span> relating to that <span class=\"dictionary\">time-share program<\/span>;\n\t\t\tf. Otherwise violated any provision of this chapter or any of the <span class=\"dictionary\">Board<\/span>&#8217;s rules and regulations or <span class=\"dictionary\">orders<\/span>; or\n\t\t\tg. Disposed of any time-share in a <span class=\"dictionary\">time-share program<\/span> without first complying with the requirements of this chapter. <a id=\"paragraph-201833\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/55.1-2247\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> If the <span class=\"dictionary\">Board<\/span> makes a <span class=\"dictionary\">finding<\/span> of <span class=\"dictionary\">fact<\/span> in writing that the public interest will be irreparably harmed by delay in issuing an <span class=\"dictionary\">order<\/span>, as prescribed in subdivision 1, it may <span class=\"dictionary\">issue<\/span> a temporary <span class=\"dictionary\">order<\/span> to cease and desist or to take such affirmative action as may be deemed appropriate by the agency. Prior to issuing the temporary <span class=\"dictionary\">order<\/span>, the <span class=\"dictionary\">Board<\/span> shall give notice of the proposal to <span class=\"dictionary\">issue<\/span> a temporary <span class=\"dictionary\">order<\/span> to the <span class=\"dictionary\">developer<\/span> or the <span class=\"dictionary\">reseller<\/span>. Every temporary <span class=\"dictionary\">order<\/span> shall include in its terms:\n\t\t\t\ta. A provision clearly stating the reasons for issuing such <span class=\"dictionary\">order<\/span> and the nature and extent of the <span class=\"dictionary\">facts<\/span> and <span class=\"dictionary\">findings<\/span> on which the <span class=\"dictionary\">order<\/span> is based;\n\t\t\t\tb. A provision that a failure to comply with such temporary <span class=\"dictionary\">order<\/span> will be a violation of this chapter; and\n\t\t\t\tc. A provision that upon request a <span class=\"dictionary\">hearing<\/span> will be held promptly to determine whether or not the <span class=\"dictionary\">order<\/span> shall become permanent.\n\t\t\t\tThe <span class=\"dictionary\">Board<\/span> shall not <span class=\"dictionary\">issue<\/span> more than one temporary <span class=\"dictionary\">order<\/span> with reference to such <span class=\"dictionary\">finding<\/span> of <span class=\"dictionary\">fact<\/span> as prescribed in this subsection. <a id=\"paragraph-201834\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/55.1-2247\/#D2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> The <span class=\"dictionary\">Board<\/span> may also <span class=\"dictionary\">issue<\/span> a cease and desist <span class=\"dictionary\">order<\/span> if the <span class=\"dictionary\">developer<\/span> has not registered the <span class=\"dictionary\">time-share program<\/span> as required by this chapter or if a <span class=\"dictionary\">reseller<\/span> has not registered as required by this chapter. <a id=\"paragraph-201835\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/55.1-2247\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> The <span class=\"dictionary\">Board<\/span>, after notice and <span class=\"dictionary\">hearing<\/span>, may <span class=\"dictionary\">issue<\/span> an <span class=\"dictionary\">order<\/span> revoking the registration of the <span class=\"dictionary\">developer<\/span>&#8217;s <span class=\"dictionary\">time-share program<\/span> or the registration of a <span class=\"dictionary\">reseller<\/span> upon determination that such <span class=\"dictionary\">developer<\/span>, <span class=\"dictionary\">reseller<\/span>, or agent of such <span class=\"dictionary\">developer<\/span> or <span class=\"dictionary\">reseller<\/span> has failed to comply with a cease and desist <span class=\"dictionary\">order<\/span> issued by the <span class=\"dictionary\">Board<\/span> affecting the <span class=\"dictionary\">developer<\/span>&#8217;s <span class=\"dictionary\">time-share program<\/span> or the <span class=\"dictionary\">reseller<\/span>. <a id=\"paragraph-201836\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/55.1-2247\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"G\"><p><span class=\"prefix-number\">G.<\/span> If it appears that any <span class=\"dictionary\">person<\/span> has engaged, is engaging, or is about to engage in any act or practice in violation of this chapter or any of the <span class=\"dictionary\">Board<\/span>&#8217;s rules, regulations, or <span class=\"dictionary\">orders<\/span> applicable to this chapter, the <span class=\"dictionary\">Board<\/span>, without prior administrative proceedings, may bring an action in the <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span> of the county or city in which any portion of the <span class=\"dictionary\">time-share project<\/span> is located to enjoin that act or practice or for other appropriate relief. The <span class=\"dictionary\">Board<\/span> is not required to post a <span class=\"dictionary\">bond<\/span> or prove that no adequate remedy at <span class=\"dictionary\">law<\/span> exists. <a id=\"paragraph-201837\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/55.1-2247\/#G\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"H\"><p><span class=\"prefix-number\">H.<\/span> Upon request of a <span class=\"dictionary\">time-share owner<\/span>, the <span class=\"dictionary\">Board<\/span> shall, in accordance with subsection B of &#xA7; <a class=\"law\" title=\"Effect of violations on rights of action; attorney fees; prior determination of Common Interest Community Board required for certain violations\" href=\"\/55.1-2230\/\">55.1-2230<\/a>, <span class=\"dictionary\">issue<\/span> its determination whether compliance with &#xA7; <a class=\"law\" title=\"Escrow of deposits; use of corporate surety bond or irrevocable letter of credit\" href=\"\/55.1-2220\/\">55.1-2220<\/a> or <a class=\"law\" title=\"Developer&#039;s obligation to complete\" href=\"\/55.1-2234\/\">55.1-2234<\/a> has occurred. <a id=\"paragraph-201838\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/55.1-2247\/#H\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nGENERAL POWERS AND DUTIES OF BOARD (\u00a7 55.1-2247)\n\nA. The Board may adopt, amend, and repeal rules and regulations and issue orders\nconsistent with and in furtherance of the objectives of this chapter. The Board\nmay prescribe forms and procedures for submitting information to the Board.\n\nB. The Board may accept grants in aid from any governmental source and may\ncontract with agencies charged with similar functions in this or other\njurisdictions, in furtherance of the objectives of this chapter.\n\nC. The Board may cooperate with agencies performing similar functions in this\nand other jurisdictions to develop uniform filing procedures and forms, uniform\ndisclosure standards, and uniform administrative practices and may develop\ninformation that may be useful in the discharge of the Board&#8217;s duties.\n\nD. 1. The Board may issue an order requiring the developer or reseller to cease\nand desist from the unlawful practice and to take such affirmative action as in\nthe judgment of the Board will carry out the purposes of this chapter if it\ndetermines after legal notice and opportunity for hearing that a developer or\nreseller or an agent of a developer or reseller has:\n\t\t\ta. Made any representation in any document or information filed with the\nBoard that is false or misleading;\n\t\t\tb. Engaged or is engaging in any unlawful act or practice;\n\t\t\tc. Disseminated or caused to be disseminated orally, or in writing, any false\nor misleading promotional materials in connection with a time-share program;\n\t\t\td. Concealed, diverted, or disposed of any funds or assets of any person in a\nmanner impairing rights of purchasers of time-shares in the time-share program;\n\t\t\te. Failed to perform any stipulation or agreement made to induce the Board to\nissue an order relating to that time-share program;\n\t\t\tf. Otherwise violated any provision of this chapter or any of the\nBoard&#8217;s rules and regulations or orders; or\n\t\t\tg. Disposed of any time-share in a time-share program without first complying\nwith the requirements of this chapter.\n\n   2. If the Board makes a finding of fact in writing that the public interest\n   will be irreparably harmed by delay in issuing an order, as prescribed in\n   subdivision 1, it may issue a temporary order to cease and desist or to take\n   such affirmative action as may be deemed appropriate by the agency. Prior to\n   issuing the temporary order, the Board shall give notice of the proposal to\n   issue a temporary order to the developer or the reseller. Every temporary\n   order shall include in its terms:\n   \t\t\t\ta. A provision clearly stating the reasons for issuing such order and the\n   nature and extent of the facts and findings on which the order is based;\n   \t\t\t\tb. A provision that a failure to comply with such temporary order will be\n   a violation of this chapter; and\n   \t\t\t\tc. A provision that upon request a hearing will be held promptly to\n   determine whether or not the order shall become permanent.\n   \t\t\t\tThe Board shall not issue more than one temporary order with reference to\n   such finding of fact as prescribed in this subsection.\n\nE. The Board may also issue a cease and desist order if the developer has not\nregistered the time-share program as required by this chapter or if a reseller\nhas not registered as required by this chapter.\n\nF. The Board, after notice and hearing, may issue an order revoking the\nregistration of the developer&#8217;s time-share program or the registration of\na reseller upon determination that such developer, reseller, or agent of such\ndeveloper or reseller has failed to comply with a cease and desist order issued\nby the Board affecting the developer&#8217;s time-share program or the reseller.\n\nG. If it appears that any person has engaged, is engaging, or is about to engage\nin any act or practice in violation of this chapter or any of the Board&#8217;s\nrules, regulations, or orders applicable to this chapter, the Board, without\nprior administrative proceedings, may bring an action in the circuit court of\nthe county or city in which any portion of the time-share project is located to\nenjoin that act or practice or for other appropriate relief. The Board is not\nrequired to post a bond or prove that no adequate remedy at law exists.\n\nH. Upon request of a time-share owner, the Board shall, in accordance with\nsubsection B of &#xA7; 55.1-2230, issue its determination whether compliance\nwith &#xA7; 55.1-2220 or 55.1-2234 has occurred.\n\nHISTORY: 1981, c. 462, \u00a7 55-396; 1985, c. 517; 1998, c. 460; 2008, c. 376;\n2011, c. 605; 2012, c. 751; 2019, cc. 467, 499, 712; 2020, c. 1011.","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}}