                                 CODE OF VIRGINIA

LIABILITY OF COMMON INTEREST COMMUNITIES (§ 62.1-44.15:41)

Whenever a common interest community cedes responsibility for the maintenance,
repair, and replacement of a stormwater management facility on its real property
to the Commonwealth or political subdivision thereof, such common interest
community shall be immune from civil liability in relation to such stormwater
management facility. In order for the immunity established by this subsection to
apply, (i) the common interest community must cede such responsibility by
contract or other instrument executed by both parties and (ii) the Commonwealth
or the governing body of the political subdivision shall have accepted the
responsibility ceded by the common interest community in writing or by
resolution. As used in this section, maintenance, repair, and replacement shall
include, without limitation, cleaning of the facility, maintenance of adjacent
grounds that are part of the facility, maintenance and replacement of fencing
where the facility is fenced, and posting of signage indicating the identity of
the governmental entity that maintains the facility. Acceptance or approval of
an easement, subdivision plat, site plan, or other plan of development shall not
constitute the acceptance by the Commonwealth or the governing body of the
political subdivision required to satisfy clause (ii). The immunity granted by
this section shall not apply to actions or omissions by the common interest
community constituting intentional or willful misconduct or gross negligence.
For the purposes of this section, &#8220;common interest community&#8221; means
the same as that term is defined in § 54.1-2345.

HISTORY: 2004, c. 372, § 10.1-603.12:3; 2010, c. 853; 2012, cc. 785, 819; 2013,
cc. 756, 793; 2016, cc. 68, 758.