                                 CODE OF VIRGINIA

ASSIGNMENTS OF LIMITED COMMON ELEMENTS; CONVERSION TO COMMON ELEMENT (§
55.1-1919)

A. All assignments and reassignments of limited common elements shall be
reflected by the condominium instruments. No limited common element shall be
assigned or reassigned except in accordance with the provisions of this chapter.
No amendment to any condominium instrument shall alter any rights or obligations
with respect to any limited common elements without the consent of all unit
owners adversely affected by such amendment as evidenced by their execution of
such amendment, except to the extent that the condominium instruments expressly
provided otherwise prior to the first assignment of that limited common element.

B. Unless expressly prohibited by the condominium instruments, a limited common
element may be reassigned or converted to a common element upon written
application of the unit owners concerned to the principal officer of the unit
owners&#8217; association, or to such other officer as the condominium
instruments may specify. The officer to whom such application is duly made shall
forthwith prepare and execute an amendment to the declaration reassigning all
rights and obligations with respect to the limited common element involved. Such
amendment shall be executed by the unit owners concerned and recorded by an
officer of the unit owners&#8217; association or his agent following payment by
the unit owners of the units concerned of all reasonable costs for the
preparation, acknowledgment, and recordation of such amendment. The amendment is
effective when recorded.

C. A common element not previously assigned as a limited common element shall be
so assigned only pursuant to subdivision A 6 of &#xA7; 55.1-1916. The amendment
to the declaration making such an assignment shall be prepared and executed by
the declarant, the principal officer of the unit owners&#8217; association, or
by such other officer as the condominium instruments may specify. Such amendment
shall be recorded by the declarant or his agent, without charge to any unit
owner, or by an officer of the unit owners&#8217; association or his agent
following payment by the unit owners of the units concerned of all reasonable
costs for the preparation, acknowledgment, and recordation of such amendment.
The amendment is effective when recorded, and the recordation of such amendment
shall be conclusive evidence that the method prescribed pursuant to subdivision
A 6 of &#xA7; 55.1-1916 was adhered to. A copy of the amendment shall be
delivered to the unit owners of the units concerned. If executed by the
declarant, such an amendment recorded prior to July 1, 1983, shall not be
invalid because it was not prepared by an officer of the unit owners&#8217;
association.

D. If the declarant does not prepare and record an amendment to the declaration
to effect the assignment of common elements as limited common elements in
accordance with rights reserved in the condominium instruments, but has
reflected an intention to make such assignments in deeds conveying units, then
the principal officer of the unit owners&#8217; association may prepare,
execute, and record such an amendment at any time after the declarant ceases to
be a unit owner.

E. The declarant may unilaterally record an amendment to the declaration
converting a limited common element appurtenant to a unit owned by the declarant
into a common element as long as the declarant continues to own the unit.

HISTORY: 1974, c. 416, § 55-79.57; 1983, c. 230; 1991, c. 497; 1998, c. 32;
2019, c. 712; 2020, c. 592.