Effect of violations on rights of action; attorney fees; prior determination of Common Interest Community Board required for certain violations (§ 55.1-2230)

§ 55.1-2230 – Effect of violations on rights of action; attorney fees; prior determination of Common Interest Community Board required for certain violations

A. If a developer or any other person subject to this chapter violates any provision of this chapter or any provision of the time-share instrument, any person or class of persons adversely affected by the violation has a claim for appropriate relief. The court may also award reasonable attorney fees to the prevailing party.

B. Prior to the commencement of any action alleging a failure to comply with the provisions of § 55.1-2220 or 55.1-2234, however, an aggrieved owner shall first seek a determination from the Board as to whether compliance with § 55.1-2220 or 55.1-2234 has occurred. The Board shall make such determination within 120 days of the request for a determination.