                                 CODE OF VIRGINIA

CONTROL OF COMMON ELEMENTS (§ 55.1-1956)

A. Except to the extent prohibited, restricted, or limited by the condominium
instruments, the unit owners&#8217; association shall have the power to:

   1. Employ, dismiss, and replace agents and employees to exercise and discharge
   the powers and responsibilities of the association arising under &#xA7;
   55.1-1955;

   2. Make or cause to be made additional improvements on and as a part of the
   common elements;

   3. Grant or withhold approval of any action by one or more unit owners or
   other persons entitled to the occupancy of any unit that would change the
   exterior appearance of any unit or of any other portion of the condominium, or
   elect or provide for the appointment of an architectural control committee,
   the members of which must have the same qualifications as officers, to grant
   or withhold such approval; and

   4. Acquire, hold, convey, and encumber title to real property, including
   condominium units, whether or not the association is incorporated.

B. Except to the extent prohibited, restricted, or limited by the condominium
instruments, the executive board of the unit owners&#8217; association, if any,
and if not, then the unit owners&#8217; association itself, has the irrevocable
power as attorney-in-fact on behalf of all the unit owners and their successors
in title with respect to the common elements, including the right, in the name
of the unit owners&#8217; association, to (i) grant easements through the common
elements and accept easements benefiting all or any portion of the condominium;
(ii) assert, through litigation or otherwise, defend against, compromise,
adjust, and settle any claims or actions related to common elements, other than
claims against or actions involving the declarant during any period of declarant
control reserved pursuant to subsection A of &#xA7; 55.1-1943; and (iii) apply
for any governmental approvals under state and local law.

C. This section shall not be construed to prohibit the grant by the condominium
instruments of other powers and responsibilities to the unit owners&#8217;
association or its executive board.

HISTORY: 1974, c. 416, § 55-79.80; 1975, c. 415; 1981, c. 146; 1982, c. 195;
1991, c. 497; 1993, c. 667; 1996, c. 977; 2019, c. 712.