                                 CODE OF VIRGINIA

DEFINITIONS (§ 55.1-2300)

As used in this chapter, unless the context requires a different meaning:
		&#8220;Agent&#8221; means any person who represents or acts for or on behalf
of a developer in the disposition of any lot in a subdivision, but does not
include an attorney whose representation of another person consists solely of
rendering legal services.
		&#8220;Blanket encumbrance&#8221; means a trust, deed, mortgage, judgment, or
any other lien or encumbrance, securing or evidencing the payment of money and
affecting the land comprising the subdivision to be offered and sold or leased
or affecting more than 10 lots or parcels of such lands, or an agreement
affecting more than 10 lots or parcels of such lands by which the developer
holds such subdivision under option, contract, sale, or trust agreement.
&#8220;Blanket encumbrance&#8221; does not include mechanics&#8217; liens,
taxes, or assessments levied by a public authority, or easements granted to
public utilities or governmental agencies for the purpose of bringing services
to the lot or parcel within the subdivision.
		&#8220;Developer&#8221; means any person who offers, directly or indirectly,
for disposition, any lot in a subdivision, but does not include a trustee under
a deed of trust securing an indebtedness or other obligation who sells lots
within such subdivision under foreclosure proceedings, provided that the purpose
in so doing is not to evade the provisions of this chapter.
		&#8220;Disposition&#8221; or &#8220;sale&#8221; means any lease, assignment,
or exchange, or any interest in any lot that is a part of or included in a
subdivision.
		&#8220;Land sales installment contract&#8221; means any installment contract
for the sale or disposition of land by which the purchaser does not receive a
deed conveying the property purchased until some or all installment payments
have been made as called for in the contract and record title to such property
remains in another pending full performance of the contract.
		&#8220;Lot&#8221; means any unit, parcel, division, piece of land, or interest
in land except utility easements if such interest carries with it the exclusive
right to use a specific portion of property.
		&#8220;Offer&#8221; means any inducement, solicitation, media advertisement,
or attempt performed by or on behalf of a developer that has as its objective
the disposition of a lot in a subdivision.
		&#8220;Person&#8221; means any individual, corporation, government or
governmental agency, business trust, estate, trust, partnership, unincorporated
association, two or more of any of the foregoing having a joint or common
interest, or any other legal or commercial entity.
		&#8220;Purchaser&#8221; means a person who acquires or attempts to acquire any
lot in a subdivision.
		&#8220;Subdivision&#8221; means:

1. Any subdivision of land into 100 or more lots, whether contiguous or not,
where any such lots are, from July 1, 1978, sold or disposed of by land sales
installment contracts and pursuant to a common promotional plan, where lot
purchasers within such subdivision have use of and access to the facilities and
amenities within such subdivision for which the lot owners are assessed on a
regular or special basis for the use and enjoyment of such lot; and

2. Any existing subdivision of land of 30 or more lots in which the developer
has concluded its sales effort for a period of six consecutive months and has
transferred to the association described in subdivision A 1 of &#xA7; 55.1-2305
all the title, control, and maintenance responsibilities of the common areas and
common facilities.

HISTORY: 1978, c. 510, § 55-337; 1980, c. 546; 1996, c. 372; 2019, c. 712.