Condo Bylaws Vs. Rules And Regulations In Virginia
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The Virginia inium Act (the “Act”) was enacted on July 1, 1974. It superseded the Horizontal Property Act, which was enacted in 1962. iniums are purely “creatures of statute” meaning that without the laws permitting them, they would not exist. In other words, they are a legal entity created by statute.
Limited common elements are parts of a condo that are assigned to individual units, but considered community property rather than the tenant's. Examples of limited common elements include windows, balconies, driveways, elevators, clubhouses, and swimming pools.
Common Interest Community Board | Virginia Department of Professional and Occupational Regulation.
Any unit owner who pays any creditor of the association a percentage of the total amount due to such creditor equal to such unit owner's common element interest in the inium shall be entitled to obtain from such creditor a release of any judgment or lien that such creditor otherwise has the right to file against ...
A common element is defined as all portions of the property except the units. Examples of common elements include fitness centers, elevators, lobbies, walkways, lighting in common hallways, garbage collection areas, swimming pools, landscaping, club houses, and more.
Maintenance, repair, and replacement of a limited common element is usually the responsibility of the association except to the extent the declaration shifts that duty to the unit owner.
§ 55.1-1915. The declarant, every unit owner, and all those entitled to occupy a unit shall comply with all lawful provisions of this chapter and all provisions of the inium instruments.
Except to the extent provided in the inium instruments, the executive board shall, prior to the commencement of the fiscal year, make available to unit owners either (i) the annual budget of the unit owners' association or (ii) a summary of such annual budget.
The Virginia Property Owners' Association Act covers policies mostly for the common areas of a residential development in Virginia. The seller is obligated to provide a written copy of all association documents before a buyer purchases a home. A buyer may cancel within three days of receiving the association documents.
