                                 CODE OF VIRGINIA

CONTENTS OF DECLARATION (§ 55.1-1916)

A. The declaration for every condominium shall contain the following:

   1. The name of the condominium, which name shall include the word
   &#8220;condominium&#8221; or be followed by the words &#8220;a
   condominium.&#8221;

   2. The name of the county or city in which the condominium is located.

   3. A legal description by metes and bounds of the land submitted in accordance
   with this chapter.

   4. A description or delineation of the boundaries of the units, including the
   horizontal (upper and lower) boundaries, if any, as well as the vertical
   (lateral or perimetric) boundaries.

   5. A description or delineation of any limited common elements, other than
   those that are limited common elements by virtue of subdivision 5 of &#xA7;
   55.1-1912, showing or designating the unit or units to which each is assigned.

   6. A description or delineation of all common elements not within the
   boundaries of any convertible lands that may subsequently be assigned as
   limited common elements, together with a statement that (i) they may be so
   assigned and a description of the method by which any such assignments shall
   be made in accordance with the provisions of &#xA7; 55.1-1919 or (ii) once
   assigned, the conditions under which they may be unassigned and converted to
   common elements in accordance with &#xA7; 55.1-1919.

   7. The allocation to each unit of an undivided interest in the common elements
   in accordance with the provisions of &#xA7; 55.1-1917.

   8. A statement of the extent of the declarant&#8217;s obligation to complete
   improvements labeled &#8220;NOT YET COMPLETED&#8221; or to begin and complete
   improvements labeled &#8220;NOT YET BEGUN&#8221; on plats recorded pursuant to
   the requirements of this chapter. Such statement shall be specific as to the
   type and quality of materials to be used, the size or capacity of the
   improvements when material, and the time by which such improvements shall be
   completed.

   9. Such other matters as the declarant deems appropriate.

B. If the condominium contains any convertible land, the declaration shall also
contain the following:

   1. A legal description by metes and bounds of each convertible land within the
   condominium.

   2. A statement of the maximum number of units that may be created within each
   such convertible land.

   3. A statement, with respect to each such convertible land, of the maximum
   percentage of the aggregate land and floor area of all units that may be
   created in such convertible land that may be occupied by units not restricted
   exclusively to residential use. Such statement is not required if none of the
   units on other portions of the submitted land are restricted exclusively to
   residential use.

   4. A statement of the extent to which any structure erected on any convertible
   land will be compatible with structures on other portions of the submitted
   land in terms of quality of construction, the principal materials to be used,
   and architectural style.

   5. A description of all other improvements that may be made on each
   convertible land within the condominium.

   6. A statement that any units created within each convertible land will be
   substantially identical to the units on other portions of the submitted land,
   or a statement describing in detail what other types of units may be created
   in such convertible land.

   7. A description of the declarant&#8217;s reserved right, if any, to create
   limited common elements within any convertible land or to designate common
   elements in such convertible land that may subsequently be assigned as limited
   common elements, in terms of the types, sizes, and maximum number of such
   elements within each such convertible land.
   				Plats and plans may be recorded as exhibits to the declaration to
   supplement information furnished pursuant to subdivisions 1, 4, 5, 6, and 7.

C. If the condominium is an expandable condominium, the declaration shall also
contain the following:

   1. The explicit reservation of an option to expand the condominium.

   2. A statement of any limitations on that option, including a statement as to
   whether the consent of any unit owners shall be required, and, if so, a
   statement as to the method by which such consent shall be ascertained, or a
   statement that there are no such limitations.

   3. A time limit, not exceeding 10 years after the recording of the
   declaration, upon which the option to expand the condominium shall expire,
   together with a statement of the circumstances, if any, that will terminate
   that option prior to the expiration of the time limit so specified. After the
   expiration of any period of declarant control reserved pursuant to subsection
   A of &#xA7; 55.1-1943, such time limit may be extended by an amendment to the
   declaration made pursuant to &#xA7; 55.1-1934.

   4. A legal description by metes and bounds of all land that may be added to
   the condominium, henceforth referred to as &#8220;additional land.&#8221;

   5. A statement as to whether, if any of the additional land is added to the
   condominium, all of it or any particular portion of it must be added and, if
   not, a statement of any limitations as to what portions may be added, or a
   statement that there are no such limitations.

   6. A statement as to whether portions of the additional land may be added to
   the condominium at different times, together with any limitations fixing the
   boundaries of those portions by legal descriptions setting forth the metes and
   bounds of such portions or regulating the order in which they may be added to
   the condominium.

   7. A statement of any limitations as to the locations of any improvements that
   may be made on any portions of the additional land added to the condominium,
   or a statement that no assurances are made in that regard.

   8. A statement of the maximum number of units that may be created on the
   additional land. If portions of the additional land may be added to the
   condominium and the boundaries of those portions are fixed in accordance with
   subdivision 6, the declaration shall also state the maximum number of units
   that may be created on each such portion added to the condominium. If portions
   of the additional land may be added to the condominium and the boundaries of
   those portions are not fixed in accordance with subdivision 6, then the
   declaration shall also state the maximum number of units per acre that may be
   created on any such portion added to the condominium.

   9. A statement, with respect to the additional land and to any portion of such
   additional land that may be added to the condominium, of the maximum
   percentage of the aggregate land and floor area of all units that may be
   created on such additional land that may be occupied by units not restricted
   exclusively to residential use. Such statement is not required if none of the
   units on the submitted land are restricted exclusively to residential use.

   10. A statement of the extent to which any structures erected on any portion
   of the additional land added to the condominium will be compatible with
   structures on the submitted land in terms of quality of construction, the
   principal materials to be used, and architectural style, or a statement that
   no assurances are made in those regards.

   11. A description of all other improvements that will be made on any portion
   of the additional land added to the condominium, or a statement of any
   limitations as to what other improvements may be made on such additional land,
   or a statement that no assurances are made in that regard.

   12. A statement that any units created on any portion of the additional land
   added to the condominium will be substantially identical to the units on the
   submitted land, or a statement of any limitations as to what types of units
   may be created on such additional land, or a statement that no assurances are
   made in that regard.

   13. A description of the declarant&#8217;s reserved right, if any, to create
   limited common elements within any portion of the additional land added to the
   condominium or to designate common elements in such additional land that may
   subsequently be assigned as limited common elements, in terms of the types,
   sizes, and maximum number of such elements within each such portion, or a
   statement that no assurances are made in those regards.
   				Plats and plans may be recorded as exhibits to the declaration to
   supplement information furnished pursuant to subdivisions 4, 5, 6, 7, 10, 11,
   12, and 13.

D. If the condominium is a contractable condominium, the declaration shall also
contain the following:

   1. The explicit reservation of an option to contract the condominium.

   2. A statement of any limitations on that option, including a statement as to
   whether the consent of any unit owners shall be required, and, if so, a
   statement as to the method whereby such consent shall be ascertained, or a
   statement that there are no such limitations.

   3. A time limit, not exceeding 10 years after the recording of the
   declaration, upon which the option to contract the condominium shall expire,
   together with a statement of the circumstances, if any, that will terminate
   that option prior to the expiration of the time limit so specified.

   4. A legal description by metes and bounds of all land that may be withdrawn
   from the condominium, hereinafter referred to as &#8220;withdrawable
   land.&#8221;

   5. A statement as to whether portions of the withdrawable land may be
   withdrawn from the condominium at different times, together with any
   limitations fixing the boundaries of those portions by legal descriptions
   setting forth the metes and bounds or regulating the order in which they may
   be withdrawn from the condominium.

   6. A legal description by metes and bounds of all of the submitted land to
   which the option to contract the condominium does not extend. This subdivision
   shall not be construed in derogation of any right the declarant may have to
   terminate the condominium in accordance with the provisions of &#xA7;
   55.1-1937.
   				Plats may be recorded as exhibits to the declaration to supplement
   information furnished pursuant to subdivisions 4, 5, and 6.

E. If the condominium is a leasehold condominium, then with respect to any
ground lease or other leases the expiration or termination of which will or may
terminate or contract the condominium, the declaration shall set forth the
county or city in which such lease is recorded and the deed book and page number
where the first page of each such lease is recorded, and the declaration shall
also contain the following:

   1. The date upon which each such lease is due to expire.

   2. A statement as to whether any land or improvements will be owned by the
   unit owners in fee simple and, if so, either (i) a description of the same,
   including a legal description by metes and bounds of any such land, or (ii) a
   statement of any rights the unit owners shall have to remove such improvements
   within a reasonable time after the expiration or termination of the lease
   involved, or a statement that they shall have no such rights.

   3. A statement of the rights the unit owners shall have to redeem any
   reversion, or a statement that they shall have no such rights.
   				After the recording of the declaration, no lessor who executed such
   declaration, and no successor in interest to such lessor, shall have any right
   or power to terminate any part of the leasehold interest of any unit owner who
   makes timely payment of his share of the rent to the person designated in the
   declaration for the receipt of such rent and who otherwise complies with all
   covenants that, if violated, would entitle the lessor to terminate the lease.
   Acquisition or reacquisition of such a leasehold interest by the owner of the
   reversion or remainder does not cause a merger of the leasehold and fee simple
   interests unless all leasehold interests in the condominium are thus acquired
   or reacquired.

F. Wherever this section requires a legal description by metes and bounds of
land that is submitted pursuant to this chapter or that may be added to or
withdrawn from the condominium, such requirement shall be deemed satisfied by
any legally sufficient description and shall be deemed to require a legally
sufficient description of any easements that are submitted pursuant to this
chapter or that may be added to or withdrawn from the condominium, as
appropriate. In the case of each such easement, the declaration shall contain
the following:

   1. A description of the permitted use or uses.

   2. If less than all of those entitled to the use of all of the units may
   utilize such easement, a statement of the relevant restrictions and
   limitations on utilization.

   3. If any persons other than those entitled to the use of the units may
   utilize such easement, a statement of the rights of others to utilization of
   the easement.

G. Wherever this section requires a legal description by metes and bounds of
land that is submitted pursuant to this chapter or that may be added to or
withdrawn from the condominium, an added requirement shall be a separate legally
sufficient description of all lands in which the unit owners shall or may be
tenants in common or joint tenants with any other persons and a separate legally
sufficient description of all lands in which the unit owners shall or may be
life tenants. No units shall be situated on any such lands, however, and the
declaration shall describe the nature of the unit owners&#8217; estate in such
lands. No such lands shall be shown on the same plat or plats showing other
portions of the condominium but shall be shown instead on separate plats.

HISTORY: 1974, c. 416, § 55-79.54; 1975, c. 415; 1977, c. 428; 1982, c. 545;
1993, c. 667; 1998, c. 32; 2012, c. 520; 2019, c. 712.