                                 CODE OF VIRGINIA

CONDEMNATION OF COMMON AREA; PROCEDURE (§ 55.1-1836)

When any portion of the common area is taken or damaged under the power of
eminent domain, any award or payment for such portion shall be paid to the
association, which shall be a party in interest in the condemnation proceeding.
The common area that is affected shall be valued on the basis of the common
area&#8217;s highest and best use as though it were free from restriction to
sole use as a common area.
		Except to the extent that the declaration or any rules and regulations duly
adopted pursuant to such declaration otherwise provide, the board of directors
shall have the authority to negotiate with the condemning authority, agree to an
award or payment amount with the condemning authority without instituting
condemnation proceedings, and, upon such agreement, convey the subject common
area to the condemning authority. Thereafter, the president of the association
may unilaterally execute and record the deed of conveyance to the condemning
authority.
		A member of the association, by virtue of his membership, shall be estopped
from contesting the action of the association in any proceeding held pursuant to
this section.

HISTORY: 1995, c. 377, § 55-516.2; 1998, c. 32; 2016, c. 719; 2019, c. 712.