                                 CODE OF VIRGINIA

UPKEEP OF CONDOMINIUMS; WARRANTY AGAINST STRUCTURAL DEFECTS; STATUTE OF
LIMITATIONS FOR WARRANTY; WARRANTY REVIEW COMMITTEE (§ 55.1-1955)

A. Except to the extent otherwise provided by the condominium instruments, all
powers and responsibilities, including financial responsibility, with regard to
maintenance, repair, renovation, restoration, and replacement of the condominium
shall belong (i) to the unit owners&#8217; association in the case of the common
elements and (ii) to the individual unit owner in the case of any unit or any
part of such unit, except to the extent that the need for repairs, renovation,
restoration, or replacement arises from a condition originating in or through
the common elements or any apparatus located within the common elements, in
which case the unit owners&#8217; association shall have such powers and
responsibilities. Each unit owner shall afford to the other unit owners and to
the unit owners&#8217; association and to any agents or employees of either such
access through his unit as may be reasonably necessary to enable them to
exercise and discharge their respective powers and responsibilities. To the
extent that damage is inflicted on the common elements or any unit through which
access is taken, the unit owner causing the same, or the unit owners&#8217;
association if it caused the damage, shall be liable for the prompt repair of
such damage.

B. Notwithstanding anything in this section to the contrary, the declarant shall
warrant or guarantee against structural defects each of the units for two years
from the date each is conveyed and all of the common elements for two years. For
each unit, the declarant shall also warrant that the unit is fit for habitation
in the case of a residential unit and constructed in a workmanlike manner so as
to pass without objection in the trade. The two-year warranty as to each of the
common elements begins whenever that common element has been completed or, if
later, (i) as to any common element within any additional land or portion of the
additional land, at the time the first unit in that additional land is conveyed;
(ii) as to any common element within any convertible land or portion of the
convertible land, at the time the first unit in the convertible land is
conveyed; and (iii) as to any common element within any other portion of the
condominium, at the time the first unit in that portion is conveyed. For the
purposes of this subsection, no unit shall be deemed conveyed unless conveyed to
a bona fide purchaser. Any conveyance of a condominium unit transfers to the
purchaser all of the declarant&#8217;s warranties against structural defects
imposed by this subsection. For the purposes of this subsection, structural
defects shall be those defects in components constituting any unit or common
element that reduce the stability or safety of the structure below accepted
standards or restrict the normal intended use of all or part of the structure
and that require repair, renovation, restoration, or replacement. Nothing in
this subsection shall be construed to make the declarant responsible for any
items of maintenance relating to the units or common elements.

C. An action for breach of any warranty prescribed by this section shall begin
within (i) five years after the date such warranty period began or (ii) one year
after the formation of any warranty review committee pursuant to subsection B of
&#xA7; 55.1-1943, whichever occurs last. However, no such action shall be
maintained against the declarant unless a written statement by the claimant, or
his agent, attorney, or representative, of the nature of the alleged defect has
been sent to the declarant by registered or certified mail at his last known
address, as reflected in the records of the Common Interest Community Board,
more than six months prior to the beginning of the action giving the declarant
an opportunity to cure the alleged defect within a reasonable time, not to
exceed five months. Sending the notice required by this subsection shall toll
the statute of limitations for beginning a breach of warranty action for a
period not to exceed six months.

D. If the initial period of declarant control has been extended in accordance
with subsection B of § 55.1-1943, the warranty review committee, referred to in
this section as &#8220;the committee,&#8221; shall have (i) subject to the
provisions of subdivision 3, the irrevocable power as attorney-in-fact on behalf
of the unit owners&#8217; association to assert or settle in the name of the
unit owners&#8217; association any claims involving the declarant&#8217;s
warranty against structural defects with respect to all of the common elements
and (ii) the authority to levy an additional assessment against all of the units
in proportion to their respective undivided interests in the common elements
pursuant to § 55.1-1964 if the committee determines that the assessments levied
by the unit owners&#8217; association are insufficient to enable the committee
reasonably to perform its functions pursuant to this subsection. The committee
or the declarant shall notify the governing body of the locality in which the
condominium is located of the formation of the committee within 30 days of its
formation. Within 30 days after such notice, the local governing body or an
agency designated by the local governing body shall advise the chair of the
committee of any outstanding violations of applicable building codes, local
ordinances, or other deficiencies of record. Members of the committee shall be
insured, indemnified, and subject to liability to the same extent as officers or
directors under the condominium instruments or applicable law. The unit
owners&#8217; association shall provide sufficient funds reasonably necessary
for the committee to perform the functions set out in this subsection and to:

   1. Engage an independent architect, engineer, legal counsel, and such other
   experts as the committee may reasonably determine;

   2. Investigate whether there exists any breach of the warranty as to any of
   the common elements. The committee shall document its findings and the
   evidence that supports such findings. Such findings and evidence shall be
   confidential and shall not be disclosed to the declarant without the consent
   of the committee; and

   3. Assert or settle in the name of the unit owners&#8217; association any
   claims involving the declarant&#8217;s warranty on the common elements,
   provided that (i) the committee sends the declarant at least six months prior
   to the expiration of the statute of limitations a written statement pursuant
   to subsection C of the alleged nature of any defect in the common elements
   giving the declarant an opportunity to cure the alleged defect; (ii) the
   declarant fails to cure the alleged defect within a reasonable time; and (iii)
   the declarant control period or the statute of limitations has not expired.

E. Within 45 days after the formation of the committee, the declarant shall
deliver to the chair of the committee (i) a copy of the latest available
approved plans and specifications for all improvements in the project or
as-built plans if available; (ii) all association insurance policies that are
currently in force; (iii) any written unexpired warranties of the contractors,
subcontractors, suppliers, and manufacturers applicable to the condominium; and
(iv) a list of manufacturers of paints, roofing materials, and other similar
materials if specified for use on the condominium property.

HISTORY: 1974, c. 416, § 55-79.79; 1975, c. 415; 1980, c. 386; 1982, c. 545;
1984, c. 347; 1987, c. 395; 2006, c. 646; 2008, cc. 851, 871; 2013, c. 599;
2019, c. 712.