<?xml version="1.0"?>
<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>86214</law_id><section_number>55.1-2136</section_number><catch_line>Termination of contracts and leases of declarant</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>55.1-2155</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="55.1">Property and Conveyances</unit><unit label="subtitle" level="2" order_by="1" identifier="IV">Common Interest Communities</unit><unit label="chapter" level="3" order_by="1" identifier="21">Virginia Real Estate Cooperative Act</unit><unit label="article" level="4" order_by="1" identifier="3">Management of Cooperatives</unit></structure><text>
						<section><p>If entered into before the <span class="dictionary">executive board</span> elected by the <span class="dictionary">proprietary lessees</span> pursuant to subsection F of &#xA7;&#xA0;<a class="law" title="Executive board members and officers" href="/55.1-2134/">55.1-2134</a> takes office, (i) any management <span class="dictionary">contract</span>, employment <span class="dictionary">contract</span>, or lease of recreational or parking areas or facilities, (ii) any other <span class="dictionary">contract</span> or lease between the <span class="dictionary">association</span> and a declarant or an <span class="dictionary">affiliate of a declarant</span>, or (iii) any <span class="dictionary">contract</span> or lease that is not bona fide or was unconscionable to the <span class="dictionary">proprietary lessees</span> at the time entered into under the circumstances then prevailing may be terminated without <span class="dictionary">penalty</span> by the <span class="dictionary">association</span> at any time after the <span class="dictionary">executive board</span> elected by the <span class="dictionary">proprietary lessees</span> pursuant to subsection F of &#xA7;&#xA0;<a class="law" title="Executive board members and officers" href="/55.1-2134/">55.1-2134</a> takes office after giving at least 90 days&#x2019; notice to the other <span class="dictionary">party</span>. However, a management <span class="dictionary">contract</span> that is not unconscionable between an <span class="dictionary">association</span> directly or indirectly providing assisted living or nursing services to <span class="dictionary">proprietary lessees</span> and a declarant or an <span class="dictionary">affiliate of a declarant</span> may not be terminated while a member of the <span class="dictionary">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 <span class="dictionary">executive board</span> and a majority vote of the <span class="dictionary">proprietary lessees</span>, other than the declarant.
		This section does not apply to any <span class="dictionary">proprietary lease</span> or any lease the termination of which would terminate the cooperative or reduce its size, unless the <span class="dictionary">real estate</span> subject to that lease was included in the cooperative for the purpose of avoiding the right of the <span class="dictionary">association</span> to terminate a lease under this section. This section does not apply to any <span class="dictionary">contract</span>, incidental to the <span class="dictionary">disposition</span> of a <span class="dictionary">cooperative interest</span>, to provide to a <span class="dictionary">proprietary lessee</span> for the duration of such <span class="dictionary">proprietary lessee</span>&#x2019;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 <span class="dictionary">law</span> known as the rule restricting unreasonable restraints on alienation shall not be applied to defeat any provision of the <span class="dictionary">declaration</span>, bylaws, or <span class="dictionary">proprietary leases</span> requiring that the <span class="dictionary">proprietary lessees</span> be parties to such <span class="dictionary">contracts</span>.</p></section></text><history>1982, c. 277, &#xA7; 55-462; 1985, c. 83; 2004, c. 242; 2019, c. 712.</history><metadata></metadata></law>
