TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
REGISTRAR'S NOTICE: The
Common Interest Community Board is claiming an exemption from Article 2 of the
Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code
of Virginia, which excludes regulations that are necessary to conform to
changes in Virginia statutory law or the appropriation act where no agency
discretion is involved. The Common Interest Community Board will receive, consider,
and respond to petitions by any interested person at any time with respect to
reconsideration or revision.
Title of Regulation: 18VAC48-30. Condominium
Regulations (amending 18VAC48-30-10 through 18VAC48-30-50,
18VAC48-30-80, 18VAC48-30-90, 18VAC48-30-110 through 18VAC48-30-140,
18VAC48-30-160, 18VAC48-30-170, 18VAC48-30-180, 18VAC48-30-200, 18VAC48-30-230,
18VAC48-30-250, 18VAC48-30-260, 18VAC48-30-270, 18VAC48-30-290, 18VAC48-30-300,
18VAC48-30-320, 18VAC48-30-330, 18VAC48-30-360 through 18VAC48-30-390,
18VAC48-30-430, 18VAC48-30-450, 18VAC48-30-460, 18VAC48-30-480, 18VAC48-30-490,
18VAC48-30-500, 18VAC48-30-510, 18VAC48-30-530 through 18VAC48-30-580,
18VAC48-30-600 through 18VAC48-30-650, 18VAC48-30-690).
Statutory Authority: § 54.1-2349 of the Code of
Virginia.
Effective Date: December 31, 2019.
Agency Contact: Trisha Henshaw, Board Executive
Director, Common Interest Community Board, 9960 Mayland Drive, Suite 400,
Richmond, VA 23233, telephone (804) 367-8510, FAX (866) 490-2723, or email
cic@dpor.virginia.gov.
Summary:
The technical amendments update the Condominium Regulations
to reflect the changes to the Code of Virginia resulting from the
recodification of Title 55 of the Code of Virginia pursuant to Chapter 712 of
the 2019 Acts of Assembly.
Part I
General
18VAC48-30-10. Purpose.
This chapter governs the exercise of powers granted to and
the performance of duties imposed upon the Common Interest Community Board by
the Virginia Condominium Act (§ 55-79.39 (§ 55.1-1900 et
seq. of the Code of Virginia) as the act pertains to the registration of
condominiums.
18VAC48-30-20. Definitions.
A. Section 54.1-2345 of the Code of Virginia provides
definitions of the following terms and phrases as used in this chapter:
"Association"
"Board"
B. Section 55-79.41 55.1-1900 of the Code of
Virginia provides definitions of the following terms and phrases as used in
this chapter:
"Common elements"
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"Identifying number"
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"Common expenses"
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"Land"
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"Condominium"
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"Leasehold condominium"
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"Condominium instruments"
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"Limited common element"
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"Condominium unit"
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"Nonbinding reservation agreement"
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"Conversion condominium"
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"Offer"
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"Convertible land"
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"Person"
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"Convertible space"
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"Purchaser"
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"Declarant"
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"Special declarant rights"
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"Dispose" or "disposition"
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"Unit"
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"Executive organ" board"
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"Unit owner"
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"Expandable condominium"
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C. The following words, terms, and phrases when used in this
chapter shall have the following meanings unless the context clearly indicates
otherwise.
"Annual report" means a completed, board-prescribed
form and required documentation submitted in compliance with § 55-79.93
§ 55.1-1979 of the Code of Virginia.
"Application" means a completed, board-prescribed
form submitted with the appropriate fee and other required documentation in
compliance with § 55-79.89 § 55.1-1975 of the Code of Virginia.
"Class of physical assets" means two or more
physical assets that are substantially alike in function, manufacture, date of
construction or installation, and history of use and maintenance.
"Condominium Act" means Chapter 4.2 (§ 55-79.39
et seq.) of Title 55 of the Code of Virginia.
"Department" means the Department of Professional
and Occupational Regulation.
"Expected useful life" means the estimated number
of years from the date on which such estimate is made until the date when,
because of the effects of time, weather, stress, or wear, a physical asset will
become incapable of performing its intended function and will have to be
replaced.
"Firm" means a sole proprietorship, association,
partnership, corporation, limited liability company, limited liability
partnership, or any other form of business organization recognized under the
laws of the Commonwealth of Virginia.
"Full and fair disclosure" means the degree of
disclosure necessary to ensure reasonably complete and materially accurate
representation of the condominium in order to protect the interests of
purchasers.
"Limited common expense" means any common expense
against one or more, but less than all, of the units.
"Major utility installation" means a utility
installation or portion thereof that is a common element or serves more than
one unit.
"Material change" means a change in any information
or document disclosed in the application for registration, including the public
offering statement or an attachment thereto, that renders inaccurate, incomplete,
or misleading any information or document in such a way as to affect
substantially a purchaser's rights or obligations or the nature of a unit or
appurtenant limited common element or the amenities of the project available
for the purchaser's use as described in the public offering statement.
"Offering" means the continuing act of the
declarant in making condominium units owned by the declarant within a
particular condominium available for acquisition by purchasers or, where
appropriate, to the aggregate of the condominium units thus made available.
"Offering literature" means any written promise,
assertion, representation, or statement of fact or opinion made in connection
with a condominium marketing activity mailed or delivered directly to a specific
prospective purchaser, except that information printed in a publication shall
not be deemed offering literature solely by virtue of the fact that the
publication is mailed or delivered directly to a prospective purchaser.
"Personal communication" means a communication
directed to a particular prospective purchaser that has not been and is not
intended to be directed to any other prospective purchaser.
"Physical asset" means either a structural
component or a major utility installation.
"Present condition" means condition as of the date
of the inspection by means of which condition is determined.
"Registration file" means the application for
registration, supporting materials, annual reports, and amendments that
constitute all information submitted and reviewed pertaining to a particular
condominium registration. A document that has not been accepted for filing by
the board is not part of the registration file.
"Regular common expense" means a common expense
apportioned among and assessed to all of the condominium units pursuant to
subsection D of § 55-79.83 § 55.1-1964 of the Code of Virginia or
similar law or condominium instrument provision.
"Replacement cost" means the expenditure that would
be necessary to replace a physical asset with an identical or substantially
equivalent physical asset as of the date on which replacement cost is
determined and includes all costs of (i) removing the physical asset to be
replaced, (ii) obtaining its replacement, and (iii) erecting or installing the
replacement.
"Structural component" means a component
constituting any portion of the structure of a unit or common element.
"Structural defect" shall have the meaning given in
subsection B of § 55-79.79 § 55.1-1955 of the Code of
Virginia.
"Substituted public offering statement" means a
document originally prepared in compliance with the laws of another
jurisdiction and modified in accordance with the provisions of this chapter to
fulfill the disclosure requirements established for public offering statements
by subsection A of § 55-79.90 § 55.1-1976 of the Code of
Virginia and, if applicable, subsection A B of § 55-79.94 § 55.1-1982
of the Code of Virginia.
"Virginia Condominium Act" means Chapter 19 (§ 55.1-1900
et seq.) of Title 55.1 of the Code of Virginia.
18VAC48-30-30. Explanation of terms.
Each reference in this chapter to a "declarant,"
"purchaser," and "unit owner" or to the plural of those
terms shall be deemed to refer, as appropriate, to the masculine and the
feminine, to the singular and the plural, and to natural persons and
organizations. The term "declarant" shall refer to any successors to
the persons referred to in § 55-79.41 § 55.1-1900 of the
Code of Virginia who come to stand in the same relation to the condominium as
their predecessors in that they assumed rights reserved for the benefit of a
declarant that (i) offers to dispose of his interest in a condominium unit not
previously disposed of, (ii) reserves or succeeds to any special declarant
right, or (iii) applies for registration of the condominium.
18VAC48-30-40. Condominiums located outside of Virginia.
A. In any case involving a condominium located outside of
Virginia in which the laws or practices of the jurisdiction in which such
condominium is located prevent compliance with a provision of this chapter, the
board shall prescribe, by order, a substitute provision to be applicable in
such case that is as nearly equivalent to the original provision as is
reasonable under the circumstances.
B. The words "declaration," "bylaws,"
"plats," and "plans," when used in this chapter with
reference to a condominium located outside of Virginia, shall refer to
documents, portions of documents, or combinations thereof, by whatever name
denominated, that have a content and function identical or substantially equivalent
to the content and function of their Virginia counterparts.
C. The words "recording" or
"recordation," when used with reference to condominium instruments of
a condominium located outside of Virginia, shall refer to a procedure that, in
the jurisdiction in which such condominium is located, causes the condominium
instruments to become legally effective.
D. This chapter shall apply to a contract for the disposition
of a condominium unit located outside of Virginia only to the extent
permissible under the provisions of subsection B of § 55-79.40 § 55.1-1901
of the Code of Virginia.
18VAC48-30-50. Exemptions from registration.
A. The exemption from registration of condominiums in which
all units are restricted to nonresidential use provided in subsection B of §
55-79.87 § 55.1-1972 of the Code of Virginia shall not be
deemed to apply to any condominium as to which there is a substantial
possibility that a unit therein other than a unit owned by the declarant or the
unit owners' association will be used as permanent or temporary living quarters
or as a site upon which vehicular or other portable living quarters will be
placed and occupied. Residential use for the purposes of this chapter includes
transient occupancy.
B. Nothing in this chapter shall apply in the case of a
condominium exempted from registration by § 55-79.87 § 55.1-1972
of the Code of Virginia or condominiums located outside of Virginia as provided
in subsection B of § 55-79.40 § 55.1-1901 of the Code of
Virginia for which no contracts are to be signed in Virginia.
18VAC48-30-80. Offering literature.
A. Offering literature mailed or delivered prior to the
registration of the condominium that is the subject of the offering literature
shall bear a conspicuous legend containing the substance of the following
language:
"The condominium has not been registered by the Common
Interest Community Board. A condominium unit may be reserved on a nonbinding
reservation agreement, but no contract of sale or lease may be entered into
prior to registration."
B. Offering literature or marketing activities violative of
the Virginia Fair Housing Law (§ 36-96.1 et seq. of the Code of Virginia) and
subsection C of § 55-79.52 § 55.1-1914 of the Code of Virginia is
prohibited.
C. Offering literature shall indicate that the property being
offered is under the condominium form of ownership. The requirement of this
subsection is satisfied by including the full name of the condominium in all
offering literature.
Part III
Application for Registration
18VAC48-30-90. Application procedures.
A declarant seeking registration of a condominium pursuant to
Chapter 4.2 19 (§ 55-79.39 (§ 55.1-1900 et
seq.) of Title 55 55.1 of the Code of Virginia shall submit an
application on the appropriate form provided by the board, along with the
appropriate fee specified in 18VAC48-30-100.
By submitting the application to the board, the declarant
certifies that the declarant has read and understands the applicable statutes
and the board's regulations.
The receipt of an application and the deposit of fees by the
board do not indicate approval or acceptance of the application by the board.
The board may make further inquiries and investigations to
confirm or amplify information supplied. All applications shall be completed in
accordance with the instructions contained in this section and on the application.
Applications will not be considered complete until all required documents are
received by the board.
Applications that are not approved within 12 months after
receipt of the application in the board's office will be purged and a new
application and fee must be submitted in order to be reconsidered for
registration.
18VAC48-30-110. Review of application for registration.
A. Upon receipt of an application for registration, the board
shall issue the notice of filing required by subsection A of § 55-79.92
§ 55.1-1978 of the Code of Virginia.
B. Upon the review of the application for registration, if
the requirements of §§ 55-79.89 §§ 55.1-1975 and 55-79.91
55.1-1977 of the Code of Virginia have not been met, the board shall
notify the applicant as required by subsection C of § 55-79.92 §
55.1-1978 of the Code of Virginia.
C. A request for an extension of the 60-day application
review period described in § 55-79.92 § 55.1-1978 of the
Code of Virginia shall be in writing and shall be delivered to the board prior
to the expiration of the period being extended. The request shall be for an
extension of definite duration. The board may grant in writing a request for an
extension of the application review period, and it may limit the extension to a
period not longer than is reasonably necessary to permit correction of the
application. An additional extension of the application review period may be
obtained, subject to the conditions applicable to the initial request. A
request for an extension of the application review period shall be deemed a
consent to delay within the meaning of subsection A of § 55-79.92 §
55.1-1978 of the Code of Virginia.
D. If the requirements for registration are not met within
the application review period or a valid extension thereof, the board shall,
upon the expiration of such period, enter an order rejecting the registration
as required by subsection C of § 55-79.92 § 55.1-1978 of the Code
of Virginia.
E. An applicant may submit a written request for an informal
conference in accordance with § 2.2-4019 of the Code of Virginia at any
time between receipt of a notification pursuant to subsection B of this section
and the effective date of the order of rejection entered pursuant to subsection
D of this section. A request for such proceeding shall be deemed a consent to
delay within the meaning of subsection A of § 55-79.92 §
55.1-1978 of the Code of Virginia.
F. The board shall receive and act upon corrections to the
application for registration at any time prior to the effective date of an
order rejecting the registration. If the board determines after review of the
corrections that the requirements for registration have not been met, the board
may proceed with an informal conference in accordance with § 2.2-4019 of
the Code of Virginia to allow reconsideration of whether the requirements for
registration are met. If the board does not opt to proceed with an informal
conference, the applicant may submit a written request for an informal
conference in accordance with § 2.2-4019 of the Code of Virginia to reconsider
whether the requirements for registration are met. If the board does not
proceed with an informal conference and no request for an informal conference
is received from the applicant, an amended order of rejection stating the factual
basis for the rejection shall be issued. A new 20-day period for the order of
rejection to become effective shall commence.
G. At such time as the board affirmatively determines that
the requirements of §§ 55-79.89 §§ 55.1-1975 and 55-79.91
55.1-1977 of the Code of Virginia have been met, the board shall enter
an order registering the condominium and shall designate the form, content, and
effective date of the public offering statement, substituted public offering
statement, or prospectus to be used.
18VAC48-30-120. Prerequisites for registration.
The following provisions are prerequisites for registration
and are supplementary to the provisions of § 55-79.91 § 55.1-1977
of the Code of Virginia.
A. The declarant shall own or have the right to acquire an
estate in the land constituting or to constitute the condominium that is of at
least as great a degree and duration as the estate to be conveyed in the
condominium units.
B. The condominium instruments must be adequate to bring a
condominium into existence upon recordation except that the certification
requirements of § 55-79.58 § 55.1-1920 of the Code of
Virginia need not be complied with as a prerequisite for registration. This
subsection does not apply to condominium instruments that may be recorded after
the condominium has been created.
C. The declarant shall have filed with the board reasonable
evidence of its financial ability to complete all proposed improvements on the
condominium. Such evidence may include (i) financial statements and a signed
affidavit attesting that the declarant has sufficient funds to complete all
proposed improvements on the condominium and that the funds will be used for
completion of the proposed improvements or (ii) proof of a commitment of an
institutional lender to advance construction funds to the declarant and, to the
extent that any such commitments will not furnish all the necessary funds,
other evidence, satisfactory to the board, of the availability to the declarant
of necessary funds. A lender's commitment may be subject to such conditions,
including registration of the condominium units and presale requirements, as
are normal for loans of the type and as to which nothing appears to indicate
that the conditions will not be complied with or fulfilled.
1. In the case of a condominium located in Virginia,
"proposed improvements" are improvements that are not yet begun or
not yet complete and that the declarant is affirmatively and unconditionally
obligated to complete under §§ 55-79.58 §§ 55.1-1920 and 55-79.67
(a1) 55.1-1930 B of the Code of Virginia and applicable provisions
of the condominium instruments or that the declarant would be so obligated to
complete if plats and plans filed with the board in accordance with
18VAC48-30-140 A were recorded.
2. In the case of a condominium located outside of Virginia,
"proposed improvements" are improvements that are not yet begun or
not yet complete and that the declarant represents, without condition or
limitation, will be built or placed in the condominium.
D. The current and planned condominium marketing activities
of the declarant shall comply with § 18.2-216 of the Code of Virginia,
18VAC48-30-80, and 18VAC48-30-660.
E. The declarant shall have filed with the board (i) a
proposed public offering statement that complies with this chapter and
subsection A of § 55-79.90 § 55.1-1976 of the Code of
Virginia and, if applicable, subsection A B of § 55-79.94
§ 55.1-1982 of the Code of Virginia; (ii) a substituted public offering
statement that complies with this chapter; or (iii) a prospectus that complies
with this chapter.
F. Declarants may be organized as individuals or firms. Firms
shall be organized as business entities under the laws of the Commonwealth of
Virginia or otherwise authorized to transact business in Virginia. Firms shall
register any trade or fictitious names with the State Corporation Commission or
the clerk of court in the jurisdiction where the business is to be conducted in
accordance with §§ 59.1-69 through 59.1-76 of the Code of Virginia before
submitting an application to the board.
18VAC48-30-130. Minimum requirements for registration.
Applications for registration shall include the following:
1. The documents and information contained in § 55-79.89
§ 55.1-1975 of the Code of Virginia.
2. The application fee specified in 18VAC48-30-100.
3. The following documents shall be included as exhibits. All
exhibits shall be labeled as indicated and submitted in hardcopy form and
electronically in a format acceptable to the board.
a. Exhibit A: A copy of the certificate of incorporation or
certificate of authority to transact business in Virginia issued by the
Virginia State Corporation Commission or other entity formation documents.
b. Exhibit B: A copy of the title opinion, title policy, or a
statement of the condition of the title to the condominium project including
encumbrances as of a specified date within 30 days of the date of application
by a title company or licensed attorney who is not a salaried employee,
officer, or director of the declarant or owner, in accordance with subdivision
A 5 of § 55-79.89 § 55.1-1975 of the Code of Virginia.
c. Exhibit C: A copy of the instruments that will be delivered
to a purchaser to evidence the purchaser's interest in the unit and of the
contracts and other agreements that a purchaser will be required to agree to or
sign.
d. Exhibit D: A narrative description of the promotional plan
for the disposition of the condominium units.
e. Exhibit E: A copy of documentation demonstrating the
declarant's financial ability to complete the project in accordance with
18VAC48-30-120.
f. Exhibit F: A copy of the proposed public offering statement
that complies with subsection A of § 55-79.90 § 55.1-1976
and subsection A B of § 55-79.94 § 55.1-1982
of the Code of Virginia, as applicable, and this chapter. A substitute public
offering statement or a prospectus pursuant to 18VAC48-30-370 and
18VAC48-30-380 respectively may be submitted for a condominium formed in
another jurisdiction.
g. Exhibit G: Copies of bonds required by §§ 55-79.58:1,
55.79.84:1, §§ 55.1-1921, 55.1-1968, and 55-79.95 55.1-1983
of the Code of Virginia, as applicable.
h. Exhibit H: A list with the name of every officer of the
declarant who is directly responsible for the project or person occupying a
similar status within, or performing similar functions for, the declarant. The
list must include each individual's address, principal occupation for the past
five years, and extent and nature of the individual's interest in the
condominium as of a specified date within 30 days of the filing of the
application.
i. Exhibit I: Plats and plans of the condominium that (i)
comply with the provisions of § 55-79.58 § 55.1-1920 of the Code
of Virginia and 18VAC48-30-140 other than the certification requirements and
(ii) show all units and buildings containing units to be built anywhere within
the submitted land other than within the boundaries of any convertible lands.
Hardcopy submittals of plats and plans must be no larger than 11 inches by 17
inches.
j. Exhibit J: Conversion condominiums must attach (i) a copy
of the general notice provided to tenants of the condominium at the time of
application pursuant to subsection B C of § 55-79.94 §
55.1-1982 of the Code of Virginia, (ii) a copy of the formal notice to be
sent at the time of registration to the tenants, if any, of the building or
buildings, and (iii) the certified statement required in accordance with
subsection C D of § 55-79.94 § 55.1-1982 of
the Code of Virginia.
18VAC48-30-140. Requirements for plats and plans.
A. Except as provided in subsection C of this section, all
plats and plans submitted with the application for registration shall comply
with § 55-79.58 § 55.1-1920 of the Code of Virginia but the
certification need not be signed until recordation. The plats and plans filed
with the application for registration shall be the same as the plats and plans
the declarant intends to record. A material change to the plats and plans shall
be submitted to the board in accordance with Part VI (18VAC48-30-460 et seq.)
of this chapter. Once recorded, copies of plats and plans as recorded shall be
filed with the board in accordance with Part VI of this chapter.
B. In the case of units that are substantially identical, the
requirement to show the location and dimensions (within normal construction
tolerances) of the boundaries of each unit pursuant to subsection B of §
55-79.58 § 55.1-1920 of the Code of Virginia may be deemed
satisfied by depiction of the location and dimensions of the vertical
boundaries and horizontal boundaries, if any, of one such unit. The identifying
numbers of all units represented by such depiction shall be indicated. Each
structure within which any such units are located shall be depicted so as to
indicate the exact location of each such unit within the structure.
C. In the case of a condominium located outside Virginia,
certain materials may be filed with the application for registration in lieu of
plats and plans complying with the provisions of § 55-79.58 § 55.1-1920
of the Code of Virginia. Such materials shall contain, as a minimum, (i) a plat
of survey depicting all existing improvements, and all improvements that the
declarant represents, without condition or limitation, will be built or placed
in the condominium; and (ii) legally sufficient descriptions of each unit. Any
improvements whose completion is subject to conditions or limitations shall be
appropriately labeled to indicate that such improvements may not be completed.
Unit descriptions may be written or graphic, shall demarcate each unit
vertically and, if appropriate, horizontally, and shall indicate each unit's
location relative to established points or datum.
D. The plats and plans must bear the form of the
certification statement required by subsections A and B § 55-79.58 § 55.1-1920
of the Code of Virginia. However, as stated in subsection A of this section,
the statement need not be executed prior to recordation. The certification
statement may appear in a separate document that is recorded, or to be
recorded.
Part IV
Public Offering Statement
18VAC48-30-160. Public offering statement requirements,
generally.
In addition to the provisions of § 55-79.90 § 55.1-1976
of the Code of Virginia, the following will be considered, as applicable,
during review of the public offering statement.
1. The public offering statement shall provide full and fair
disclosure in accordance with 18VAC48-30-170.
2. The public offering statement shall pertain to a single
offering and to the entire condominium in which the condominium units being
offered are located.
3. The public offering statement shall be clear, organized,
and legible.
4. Except for brief excerpts, the public offering statement
may refer to, but should not incorporate verbatim, portions of the condominium
instruments, the Virginia Condominium Act, or this chapter. This does
not preclude compliance with 18VAC48-30-180.
18VAC48-30-170. Full and fair disclosure.
A. The provisions of § 55-79.90 § 55.1-1976 and
subsection A B of § 55-79.94 § 55.1-1982 of the
Code of Virginia and this chapter shall be strictly construed to promote full
and fair disclosure in the public offering statement. In addition, the following
will be considered, as applicable, during review to assure full and fair
disclosure:
1. The information shall be presented in a manner that is
clear and understandable to a reasonably informed consumer, while maintaining
consistency with the requirements of this chapter and the Virginia
Condominium Act.
2. In addition to specific information required by this
chapter and the Virginia Condominium Act, the public offering statement
shall disclose any other information necessary for full and fair disclosure.
3. No information shall be incorporated by reference to an
outside source that is not reasonably available to a prospective purchaser.
4. If required information is not known or not reasonably
available, such fact shall be stated and explained in the public offering
statement.
B. The board has the sole discretion to require additional
information or amendment of existing information as it finds necessary to
ensure full and fair disclosure.
18VAC48-30-180. Contents of public offering statement.
A. A cover, if used, must be blank or bear identification
information only.
B. The first page of the public offering statement shall be
substantially as follows:
PURCHASER SHOULD READ THIS DOCUMENT FOR THE PURCHASER'S
PROTECTION
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PUBLIC OFFERING STATEMENT
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NAME OF CONDOMINIUM:
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LOCATION OF CONDOMINIUM:
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NAME OF DECLARANT:
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ADDRESS OF DECLARANT:
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EFFECTIVE DATE OF PUBLIC OFFERING STATEMENT:
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REVISED:
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THE PURCHASER SHOULD READ THIS DOCUMENT FOR THE PURCHASER'S
OWN PROTECTION. Living in a common interest community carries with it certain
rights, responsibilities, and benefits, including certain financial
obligations, rights, and restrictions concerning the use and maintenance of
units and common elements, and decision-making authority vested in the unit
owners' association. The purchaser will be bound by the provisions of the
condominium instruments and should review the Public Offering Statement, the condominium
instruments, and other exhibits carefully prior to purchase.
This Public Offering Statement presents information regarding
condominium units being offered for sale by the declarant. Virginia law
requires that a Public Offering Statement be given to every Purchaser in order
to provide full and fair disclosure of the significant features of the
condominium units being offered. The Public Offering Statement is not intended,
however, to be all-inclusive. The Purchaser should consult other sources for details
not covered by the Public Offering Statement.
The Public Offering Statement summarizes information and
documents furnished by the declarant to the Virginia Common Interest Community
Board. The Board has carefully reviewed the Public Offering Statement to ensure
that it contains required disclosures, but the Board does not guarantee the
accuracy or completeness of the Public Offering Statement. In the event of any
inconsistency between the Public Offering Statement and the material it is
intended to summarize, the latter will control.
Under Virginia law a purchaser of a condominium unit is
afforded a 5-day period during which the purchaser may cancel the purchase
contract of sale and obtain a full refund of any sums deposited in connection
with the purchase contract. The 5-day period begins on the purchase contract
date or the date of delivery of a Public Offering Statement, whichever is
later. The purchaser may, if practicable, inspect the condominium unit and the
common elements and obtain professional advice. If the purchaser elects to
cancel, the purchaser must deliver notice of cancellation to the declarant
pursuant to § 55-79.88 § 55.1-1974 of the Code of Virginia.
Allegations of violation of any law or regulation contained
in the Virginia Condominium Act or the Condominium Regulations should be
reported to the Virginia Common Interest Community Board, Perimeter Center,
Suite 400, 9960 Mayland Drive, Richmond, Virginia 23233.
C. A summary of important considerations shall immediately
follow the first page for the purpose of reinforcing the disclosure of
significant information. The summary shall be titled as such and shall be
introduced by the following statement:
"Following are important matters to be considered in
acquiring a condominium unit. They are highlights only. The Public Offering
Statement should be examined in its entirety to obtain detailed
information."
Appropriate modifications shall be made to reflect facts and
circumstances that may vary. The summary shall consist of, but not be limited
to, the following, as applicable:
1. A statement on the governance of the condominium wherein
unit owners are allocated votes for certain decisions of the association. In
addition, the statement shall include that all unit owners will be bound by the
decisions made by the association, even if the individual unit owner disagrees.
2. A statement concerning the decision-making authority of the
executive organ board of the unit owners' association.
3. A statement regarding the payment of expenses of the association
on the basis of a periodic budget, to include a disclosure of any provision for
reserves, including a statement if there are no reserves.
4. A statement detailing the requirement for each unit owner
to pay a periodic assessment and the inability to reduce the amount of an
assessment by refraining from the use of the common elements.
5. A statement of the unit owner's responsibility to pay
additional assessments, if any.
6. A statement regarding the consequences for failure to pay
an assessment when due. The statement shall include reference to the
enforcement mechanisms available to the association, including obtaining a lien
against the condominium unit, pursuing civil action against the unit owner, and
certain other penalties.
7. A statement that the declarant must pay assessments on
unsold condominium units.
8. A statement indicating whether the declarant, its
predecessors, or principal officer have undergone a debtor's relief proceeding.
9. A statement that the declarant will retain control of the
unit owners' association for an initial period.
10. A statement indicating whether a managing agent will
perform the routine operations of the unit owners' association. The statement
shall include whether the managing agent is related to the declarant, director,
or officer of the unit owners' association.
11. A statement indicating whether the declarant may lease
unsold condominium units and a statement indicating whether the right of a unit
owner to lease that owner's unit to another is subject to restrictions.
12. A statement indicating whether the declarant may expand or
contract the condominium or convert convertible land or space without the
consent of any unit owner.
13. A statement indicating whether the right of the unit owner
to resell the owner's condominium unit is subject to restrictions.
14. A statement indicating whether the units are restricted to
residential use and whether the units may be utilized for commercial, retail,
or professional use. The statement shall provide detail if units have different
voting rights. Further, the statement shall also detail whether the allocation
of rights and responsibilities among commercial, retail, professional, or residential
use units are the same.
15. A statement indicating whether approval of the declarant
or unit owners' association is necessary in order for a unit owner to alter the
structure of the unit or modify the exterior of the unit.
16. A statement regarding the obligation of the unit owners'
association to obtain certain insurance benefiting the unit owner, along with
the necessity for a unit owner to obtain other insurance.
17. A statement regarding the unit owner's obligation to pay
real estate taxes.
18. A statement regarding any limits the declarant asserts on
the association or the unit owner's right to bring legal action against the
declarant. Nothing in this statement shall be deemed to authorize such limits
where those limits are otherwise prohibited by law.
19. A statement that the association or unit owners are
members of another association or obligated to perform duties or pay fees or
charges to that association or entity.
20. A statement indicating whether the condominium is subject
to development as a time-share.
21. A statement affirming that marketing and sale of
condominium units will be conducted in accordance with the Virginia Fair
Housing Law (§ 36-96.1 et seq. of the Code of Virginia) and the Virginia
Condominium Act (Chapter 4.2 19 (§ 55-79.39 (§ 55.1-1900
et seq.) of Title 55 55.1 of the Code of Virginia).
D. The content after the summary of important considerations
shall include the narrative sections in 18VAC48-30-190 through 18VAC48-30-360.
Supplementary sections may be included as necessary.
E. Clear and legible copies of the following documents shall
be attached as exhibits to the public offering statement:
1. The declaration;
2. The bylaws;
3. The projected budget;
4. Rules and regulations of the unit owners' association, if
available;
5. Master association documents, if applicable;
6. Any management contract, along with the license number of
the common interest community manager, if applicable;
7. Depiction of unit layouts;
8. Any lease of recreational areas;
9. Any contract or agreement affecting the use, maintenance,
or access of all or any portion of the condominium, the nature, duration, or
expense of which has a material impact on the operation and administration of
the condominium;
10. Warranty information, if applicable; and
11. Other documents obligating the association or unit owner
to perform duties or obligations or pay charges or fees.
F. Other information and documentation may be included as
necessary to ensure full and fair disclosure. The board may also require
additional information as necessary to ensure full and fair disclosure.
18VAC48-30-200. Narrative sections; creation of condominium.
The public offering statement shall contain a section
captioned "Creation of the Condominium." The section shall briefly
explain the manner in which the condominium was or will be created, the locality
wherein the condominium instruments will be or have been recorded, and each of
the condominium instruments, their functions, and the procedure for their
amendment. The section shall indicate where each of the condominium instruments
or copies thereof may be found. In the case of a condominium located in
Virginia or in a jurisdiction having a law similar to § 55-79.96 § 55.1-1984
of the Code of Virginia, the section shall indicate that the purchaser will
receive copies of the recorded declaration and bylaws, including amendments, as
appropriate, within the time provided in the applicable statute.
18VAC48-30-230. Narrative sections; common elements.
A. The public offering statement shall contain a section
captioned "Common Elements." The section shall contain a general
description of the common elements.
B. For any common elements that are not completed or not
expected to be substantially complete when the units are complete, a statement
of the anticipated completion dates of unfinished common elements shall be
included.
C. In the case of a condominium located in Virginia, if
common elements are not expected to be substantially complete when the units
are completed, the section shall state the nature, source, and extent of the
obligation to complete such common elements that the declarant has incurred or
intends to incur upon recordation of the condominium instruments pursuant to §§
55-79.58 §§ 55.1-1920 A and 55-79.67 (a1) 55.1-1930 B
of the Code of Virginia and applicable provisions of the condominium
instruments. In addition the section shall state that pursuant to §
55-79.58:1 § 55.1-1921 of the Code of Virginia, the declarant
has filed with the board a bond to insure completion of improvements to the
common elements that the declarant is obligated as stated in the declaration.
D. In the case of a condominium located outside of Virginia,
a description of the nature, source, and extent of the obligation to complete
such common elements that the declarant has incurred or intends to incur under
the law of the jurisdiction in which the condominium is located shall be
included.
E. The section shall describe any limited common elements
that are assigned or that may be assigned and shall indicate the reservation of
exclusive use. In the case of limited common elements that may be assigned, the
section shall state the manner of such assignment or reassignment.
F. The section shall indicate the availability of vehicular
parking spaces including the number of spaces available per unit and
restrictions on or charges for the use of spaces.
18VAC48-30-250. Narrative sections; declarant.
A. The public offering statement shall contain a section
captioned "The Declarant." The section shall contain a brief history
of the declarant with emphasis on its experience in condominium development.
B. The following information shall be stated with regard to
persons immediately responsible for the development of the condominium: (i)
name, (ii) length of time associated with the declarant, (iii) role in the
development of the condominium, and (iv) experience in real estate development.
If different from the persons immediately responsible for the development of
the condominium, the principal officers of the declarant shall also be
identified.
C. The section shall describe the type of legal entity of the
declarant and explain if any other entities have any obligation to satisfy the
financial obligations of the declarant.
D. If the declarant or its parent or predecessor organization
has, during the preceding 10 years, been adjudicated as bankrupt or has
undergone any proceeding for the relief of debtors, such fact or facts
shall be stated. If any of the persons identified pursuant to subsection B of
this section has, during the preceding three years, been adjudicated a bankrupt
or undergone any proceeding for the relief of debtors, such fact or
facts shall be stated.
E. The section shall indicate any final action taken against
the declarant, its principals, or the condominium by an administrative agency,
civil court, or criminal court where the action reflected adversely upon the
performance of the declarant as a developer of real estate projects. The
section shall also indicate any current or past proceedings brought against the
declarant by any condominium unit owners' association or by its executive organ
board or any managing agent on behalf of such association or that has
been certified as a class action on behalf of some or all of the unit owners.
For the purposes of the previous sentence with respect to past proceedings, if the
ultimate disposition of those proceedings was one that reflected adversely upon
the performance of the declarant, that disposition shall be disclosed. If the
ultimate disposition was resolved favorably towards the declarant, its
principals, or the condominium, the final action does not need to be disclosed.
The board has the sole discretion to require additional disclosure of any
proceedings where it finds such disclosure necessary to assure full and fair
disclosure.
18VAC48-30-260. Narrative sections; terms of the offering.
A. The public offering statement shall contain a section
captioned "Terms of the Offering." The section shall discuss the
expenses to be borne by a purchaser in acquiring a condominium unit and present
information regarding the settlement of purchase contracts as provided in
subsections B through H of this section.
B. The section shall indicate the offering prices for
condominium units or a price range for condominium units, if either is
established.
C. The section shall set forth the significant terms of any
financing offered by or through the declarant to purchasers. Such discussion
shall include the substance of the following statement:
"Financing is subject to additional terms and conditions
stated in the loan commitment or instruments."
D. The section shall discuss in detail any costs collected by
or paid to the declarant, association, or master association that are not
normal for residential real estate transactions including, without limitation,
any contribution to the initial or working capital of the unit owners'
association, including any master association, to be paid by a purchaser.
E. The section shall discuss any penalties or forfeitures to
be incurred by a purchaser upon default in performance of a purchase contract that
are not normal for residential real estate transactions. Penalties or
forfeitures to be discussed include, without limitation, the declarant's right
to retain sums deposited in connection with a purchase contract in the event of
a refusal by a lending institution to provide financing to a purchaser who has
made proper application for same.
F. The section shall discuss the right of the declarant to
cancel a purchase contract upon failure of the declarant to obtain purchase
contracts on a given number or percentage of condominium units being offered or
upon failure of the declarant to meet other conditions precedent to obtaining
necessary financing.
G. The section shall discuss the process for cancellation of
a purchase contract by a purchaser in accordance with subdivision 2 of §
55-79.88 § 55.1-1974 of the Code of Virginia. The section shall
include a statement as to whether deposits will be held in an escrow fund or if
a bond or letter of credit will be filed with the board in lieu of escrowing
deposits, all in accordance with § 55-79.95 § 55.1-1983 of
the Code of Virginia.
H. The section shall set forth any restrictions in the
purchase contract that limit the unit owner's right to bring legal action
against the declarant or the association. The section shall set forth the
paragraph or section and page number of the purchase contract where such
provision is located. Nothing in this statement shall be deemed to authorize
such limits where those limits are otherwise prohibited by law.
18VAC48-30-270. Narrative sections; encumbrances.
A. The public offering statement shall contain a section
captioned "Encumbrances" that shall include the significant terms of
any encumbrances, easements, liens, and matters of title affecting the
condominium other than those contained in the condominium instruments and
disclosed elsewhere in the public offering statement, as provided in
subsections B through J of this section.
B. Except to the extent that such encumbrances are required
to be satisfied or released by subsection A of § 55-79.46 § 55.1-1908
of the Code of Virginia, or a similar law, the section shall describe every
mortgage, deed of trust, other perfected lien, or choate mechanics' or
materialmen's lien affecting all or any portion of the condominium other than
those placed on condominium units by their purchasers or owners. Such
description shall (i) identify the lender secured or the lienholder, (ii) state
the nature and original amount of the obligation secured, (iii) identify the
party having primary responsibility for performance of the obligation secured,
and (iv) indicate the practical effect upon unit owners of failure of the party
to perform the obligation.
C. Normal easements for utilities, municipal rights-of-way,
and emergency access shall be described only as such, without reference to
ownership, location, or other details.
D. Easements reserved to the declarant to facilitate
conversion, expansion, or sales shall be briefly described.
E. Easements reserved to the declarant or to the unit owners'
association or to either entity's representatives or agents for access to units
shall be briefly described. In the event that access to a unit may be had
without notice to the unit owner, such fact shall be stated.
F. Easements across the condominium reserved to the owners or
occupants of land located in the vicinity of the condominium, or across
adjacent land benefitting the condominium including, without limitation,
easements for the use of recreational areas shall be briefly described.
G. Covenants, servitudes, or other devices that create an
actual restriction on the right of any unit owner to use and enjoy the unit or
any portion of the common elements other than limited common elements shall be
briefly described.
H. Any matter of title that is not otherwise required to be
disclosed by the provisions of this section and that has or may have a
substantial adverse impact upon unit owners' interests in the condominium shall
be described. Under normal circumstances, normal and customary utility
easements, easements for encroachments, and easements running in favor of unit
owners for ingress and egress across the common elements shall be deemed not to
have a substantial adverse impact upon unit owners' interest in the
condominium.
I. The section need not include any information required to be
disclosed by 18VAC48-30-210 C, 18VAC48-30-220, or 18VAC48-30-280.
J. In addition to the description of easements required in
this section, pertinent easements that can be located shall be shown on the
condominium plats and plans.
18VAC48-30-290. Narrative sections; unit owners' association.
A. The public offering statement shall contain a section
captioned "Unit Owners' Association." The section shall discuss the
manner in which the condominium is governed and administered and shall include
the information required by subsections B through K of this section.
B. The section shall summarize the functions of the unit
owners' association.
C. The section shall describe the organizational structure of
the unit owners' association. Such description shall indicate (i) the existence
of or provision for an executive organ board, officers, and
managing agent, if any; (ii) the relationships between such persons or bodies;
(iii) the manner of election or appointment of such persons or bodies; and (iv)
the assignment or delegation of responsibility for the performance of the
functions of the unit owners' association.
D. The section shall describe the method of allocating votes
among the unit owners.
E. The section shall describe any retention by the declarant
of control over the unit owners' association, including the time period of
declarant control. The section shall state that the association shall register
with the Common Interest Community Board upon transition of declarant control
by filing the required annual report in accordance with § 55-79.93:1
§ 55.1-1980 of the Code of Virginia.
F. The managing agent, if any, shall be identified. If a
managing agent is to be employed in the future, the criteria, if any, for
selection of the managing agent shall be briefly stated. The section shall
indicate any relationship between the managing agent and the declarant or a
member of the executive organ board or an officer of the unit
owners' association. The duration of any management agreement shall be stated.
G. Except to the extent otherwise disclosed in connection
with discussion of a management agreement, the significant terms of any lease
of recreational areas or similar contract or agreement affecting the use,
maintenance, or access of all or any part of the condominium shall be stated.
The section shall include a brief narrative statement of the effect of each
such agreement upon a purchaser.
H. Rules and regulations of the unit owners' association and
the authority to promulgate rules and regulations shall be discussed.
Particular provisions of the rules and regulations need not be discussed except
as required by other provisions of this chapter. The purchaser's attention
shall be directed to the copy of rules and regulations, if any, attached to the
public offering statement.
I. Any standing committees established or to be established
to perform functions of the unit owners' association shall be discussed. Such
committees include, without limitation, architectural control committees and
committees having the authority to interpret condominium instruments, rules,
and regulations or other operative provisions.
J. Unless required to be disclosed by 18VAC48-30-270 E, any
power of the declarant or of the unit owners' association or its
representatives or agents to enter units shall be discussed. To the extent each
is applicable, the following facts shall be stated (i) a unit may be entered
without notice to the unit owner, (ii) the declarant or the unit owners'
association or its representatives or agents are empowered to take actions or
perform work in a unit without the consent of the unit owner, and (iii) the
unit owner may be required to bear the costs of actions so taken or work so
performed.
K. The section shall state whether the condominium is part of
a master or other association and briefly describe such relationship and the
responsibilities of and obligations to the master association, including any
charges for which the unit owner or the unit owners' association may be
responsible. The disclosures required by this subsection may be contained in
this narrative section or another narrative section. The section shall also
describe any other obligation of the association or unit owners arising out of
any agreements, easements, deed restrictions, or proffers, including the
obligation to pay fees or other charges.
18VAC48-30-300. Narrative sections; display of flag.
The public offering statement shall include a section
captioned "Display of Flag." This section shall describe any
restrictions, limitations, or prohibitions on the right of a unit owner to
display the flag of the United States in accordance with § 55-79.75:2 §
55.1-1951 of the Code of Virginia.
18VAC48-30-320. Narrative sections; financial matters.
A. The public offering statement shall contain a section captioned
"Financial Matters." The section shall discuss the expenses incident
to the ownership of a condominium unit, excluding certain taxes, in the manner
provided in subsections B through I of this section.
B. The section shall distinguish, in general terms, the
following categories of costs of operation, maintenance, repair, and
replacement of various portions of the condominium: (i) common expenses
apportioned among and assessed to all of the condominium units pursuant to
subsection C D of § 55-79.83 § 55.1-1964
of the Code of Virginia or similar law or condominium instrument provision;
(ii) common expenses, if any, apportioned among and assessed to less than all
of the condominium units pursuant to subsections A and B of § 55-79.83
§ 55.1-1964 of the Code of Virginia or similar law or condominium
instrument provisions; and (iii) costs borne directly by individual unit
owners. The section need not discuss taxes assessed against individual
condominium units and payable directly by the unit owners.
C. A budget shall show projected common expenses for the
first year of the condominium's operation or, if different, the latest year for
which a budget is available. The projected budget shall be attached to the
public offering statement as an exhibit and the section shall direct the
purchaser's attention to such exhibit. The section shall describe the manner in
which the projected budget is established. If the condominium is phased, the
budget shall project future years until all phases are projected to be developed
and all common elements that must be built have been completed. The budget
shall include an initial working capital budget showing sources and uses of
initial working capital and a reserve table showing amounts to be collected to
fund those reserves. The budget shall show regular individual assessments by
unit type. The budget shall note that the figures are not guaranteed and may
vary.
D. The section shall describe the manner in which regular
common expenses are apportioned among and assessed to the condominium units.
The section shall include the substance of the following statement, if
applicable:
"A unit owner cannot obtain a reduction of the regular
common expenses assessed against the unit by refraining from use of any of the
common elements."
E. The section shall describe budget provisions for reserves
for capital expenditures in accordance with § 55-79.83:1 § 55.1-1965
of the Code of Virginia and for contingencies, if any. If there are no
reserves, the section shall so state.
F. The section shall describe provisions for additional
assessments to be levied in accordance with subsection E of § 55-79.83
§ 55.1-1964 of the Code of Virginia in the event that budgeted
assessments provide insufficient funds for operation of the unit owners'
association. The section shall also describe the provisions for an assessment
against an individual unit owner.
G. The section shall discuss any common expenses actually
planned to be specially assessed pursuant to subsections A and B of § 55-79.83
§ 55.1-1964 of the Code of Virginia or similar law or condominium
instrument provisions.
H. The section shall indicate any fee, rent, or other charge
to be payable by unit owners other than through common expense assessments to
any party for use of the common elements or for use of recreational or parking
facilities in the vicinity of the condominium. As an exception to the
provisions of this subsection, the section need not discuss any fees provided
for in subsection H of § 55-79.84 §§ 55.1-1966 and §
55-79.85 55.1-1969 of the Code of Virginia, or similar laws or
condominium instrument provisions or any costs for certificates for resale.
I. The section shall discuss the effect of failure of a unit
owner to pay the assessments levied against the condominium unit. Such
discussion shall indicate provisions for charges or other remedies that may be
imposed to be applied in the case of overdue assessments and for acceleration
of unpaid assessments. The section shall indicate the existence of a lien for
unpaid assessments and where applicable the bond or letter of credit
conditioned on the payment of assessments filed with the board in accordance
with § 55-79.84:1 § 55.1-1968 of the Code of Virginia.
The section shall include, to the extent applicable, the substance of the
following statement:
"The unit owners' association may obtain payment of
overdue assessments by bringing legal action against the unit owner or by
foreclosure of the lien resulting in a forced sale of the condominium
unit."
18VAC48-30-330. Narrative sections; insurance.
A. The public offering statement shall contain a section
captioned "Insurance." The section shall describe generally the
insurance on the condominium to be maintained by the unit owners' association.
The section shall state, with respect to such insurance, each of the following
circumstances, to the extent applicable: (i) property damage coverage will not
insure personal property belonging to unit owners; (ii) property damage
coverage will not insure improvements to a unit that increase its value beyond
the limits of coverage provided in the unit owners' association's policy,;
and (iii) liability coverage will not insure against liability arising from an
accident or injury occurring within a unit or as a result of the act or
negligence of a unit owner. The section shall include a statement whether the
unit owner is obligated to obtain coverage for any or all of the coverages
described. The section shall also include a statement that the unit owner
should consult with an insurance professional to determine the appropriate
coverage.
B. The section shall indicate any conditions imposed by the
condominium instruments or the rules and regulations to which insurance
obtained directly by unit owners will be subject. Such indication may be made
by reference to pertinent provisions of the condominium instruments or the
rules and regulations.
C. The section shall explain that the association is the only
party that can make a claim under the master policy and is the sole
decision-maker as to whether to make a claim, including a statement as to the
circumstances under which a unit owner could be responsible for payment of the
deductible.
D. The section shall state that the unit owners' association
is required to obtain and maintain a blanket fidelity bond or employee
dishonesty insurance policy in accordance with subsection B of § 55-79.81
§ 55.1-1963 of the Code of Virginia.
18VAC48-30-360. Narrative sections; warranties.
The public offering statement shall contain a section
captioned "Warranties." The section shall describe any warranties
provided by or through the declarant on the units or the common elements and a
summary of the process for commencement of an action for breach of warranty in
accordance with subsection C of § 55-79.79 § 55.1-1955 of
the Code of Virginia. The section shall describe the structural defect warranty
required by and described in subsection B of § 55-79.79 § 55.1-1955
of the Code of Virginia. The section shall also include the substance of the
following statement:
"Nothing contained in the warranty provided by the
declarant shall limit the protection afforded by the statutory warranty."
18VAC48-30-370. Documents from other jurisdictions.
A. A substituted public offering statement shall only be
permitted for a condominium located outside of Virginia.
B. The substituted public offering statement shall be
prepared by deleting from the original disclosure document (i) references to
any governmental agency of another jurisdiction to which application has been
made or will be made for registration or related action; (ii) references to the
action of such governmental agency relative to the condominium; (iii) statements
of the legal effect in another jurisdiction of delivery, failure to deliver,
acknowledgment of receipt, or related events involving the disclosure document;
(iv) the effective date or dates in another jurisdiction of the
disclosure document; and (v) all other information that is untrue, inaccurate,
or misleading with respect to marketing, offers, or disposition of condominium
units in Virginia.
C. The substituted public offering statement shall
incorporate all information not otherwise included that is necessary to effect
fully and accurately the disclosures required by subsection A of § 55-79.90
§ 55.1-1976 of the Code of Virginia and, if applicable, subsection A
B of § 55-79.94 § 55.1-1982 of the Code of Virginia.
The substituted disclosure document shall clearly explain any nomenclature that
is different from the definitions provided in § 55-79.41 § 55.1-1900
of the Code of Virginia.
D. The substituted public offering statement shall include as
the first item of the summary of important considerations a statement that
includes the following information: (i) the designation by which the original
disclosure document is identified in the original jurisdiction, (ii) the
governmental agency of such other jurisdiction where the original disclosure
document is or will be filed, and (iii) the jurisdiction of such filing.
E. The provisions of subdivision 2 of § 55-79.88 § 55.1-1974,
§ 55-79.90 § 55.1-1976, and subsection A B of §
55-79.94 § 55.1-1982 of the Code of Virginia and 18VAC48-30-160,
18VAC48-30-170, and 18VAC48-30-180 shall apply to substituted public offering
statements in the same manner and to the same extent that they apply to public
offering statements.
18VAC48-30-380. Condominium securities.
A prospectus filed in compliance with the securities laws of
a state or federal agency used in lieu of a public offering statement shall
contain or have attached thereto copies of documents, other than the projected
budget required to be attached to a public offering statement by subsection E
of 18VAC48-30-180. Such prospectus shall be deemed to satisfy all of the
disclosure requirements of subsections C and D of 18VAC48-30-180 and
18VAC48-30-190 through 18VAC48-30-360. In the case of a conversion condominium,
the prospectus shall have attached thereto, in suitable form, the information
required by 18VAC48-30-420, subsections C and D of 18VAC48-30-430, and
18VAC48-30-440 to be disclosed in public offering statements for conversion
condominiums. The provisions of subdivision 2 of § 55-79.88 § 55.1-1974
of the Code of Virginia shall apply to the delivery of the prospectus in the
same manner and to the same extent that they apply to the delivery of a public
offering statement.
18VAC48-30-390. Board oversight of public offering statement.
The board at any time may require a declarant to alter or
amend the public offering statement to assure full and fair disclosure to
prospective purchasers and to ensure compliance with the Virginia
Condominium Act and this chapter.
In accordance with subsection B of § 55-79.90 § 55.1-1976
of the Code of Virginia, the board does not approve or recommend the
condominium or disposition thereof. The board's issuance of an effective date
for a public offering statement shall not be construed to (i) constitute
approval of the condominium, (ii) represent that the board asserts that either
all facts or material changes or both concerning the condominium have been
fully or adequately disclosed, or (iii) indicate that the board has made
judgment on the value or merits of the condominium.
18VAC48-30-430. Present condition of conversion condominium.
A. The section captioned "Present Condition of the
Condominium" shall contain a statement of the approximate dates of
original construction or installation of all physical assets in the
condominium. A single construction or installation date may be stated for all
of the physical assets (i) in the condominium, (ii) within a distinctly
identifiable portion of the condominium, or (iii) within a distinctly
identifiable category of physical assets. A statement made pursuant to the
preceding sentence shall include a separate reference to the construction or
installation date of any physical asset within a stated group of physical assets
that was constructed or installed significantly earlier than the construction
or installation date indicated for the group generally. No statement shall be
made that a physical asset or portion thereof has been repaired, altered,
improved, or replaced subsequent to its construction or installation unless the
approximate date, nature, and extent of such repair, alteration, improvement,
or replacement is also stated.
B. Subject to the exceptions provided in subsections D, E,
and F of this section, the section captioned "Present Condition of the
Condominium" shall contain a description of the present condition of all
physical assets within the condominium. The description of present condition
shall disclose all structural defects and incapacities of major utility
installations to perform their intended functions as would be observable,
detectable, or deducible by means of standard inspection and investigative
techniques employed by architects or professional engineers, as the case may
be.
C. The section shall indicate the dates of inspection by
means of which the described present condition was determined; provided,
however, that such inspections shall have been conducted not more than one year
prior to the date of filing the application for registration. The section shall
identify the party or parties by whom present condition was ascertained
and shall indicate the relationship of such party or parties to the
declarant.
D. A single statement of the present condition of a class of
physical assets shall suffice to disclose the present condition of each
physical asset within the class; provided, however, that, unless subsection F
of this section applies, such statement shall include a separate reference to
the present condition of any physical asset within the class that is
significantly different from the present condition indicated for the class
generally.
E. The description of present condition may include a
statement that all structural components in the condominium or in a distinctly
identifiable portion thereof are in sound condition except those for which
structural defects are noted.
F. In a case in which there are numerous physical assets
within a class of physical assets and inspection of each such physical asset is
impracticable, the description of present condition of all the physical assets
within the class may be based upon an inspection of a number of them selected
at random, provided that the number selected is large enough to yield a
reasonably reliable sample and that the total number of physical assets within
the class and the number selected are disclosed.
G. The section shall include statements disclosing any
environmental issues pertaining to the building and the surrounding area, to
include but not be limited to:
1. The presence of any asbestos-containing material following
an inspection of each building completed prior to July 1, 1978, as well as
whether any response actions have been or will need to be taken as required by §
55-79.94 A 5 § 55.1-1982 B 5 of the Code of Virginia;
2. Any known information on lead-based paint and lead-based
paint hazards in each building constructed prior to 1978 pursuant to the
Residential Lead-Based Paint Hazard Reduction Act of 1992 - Title X (42 USC §
4851 et seq.); and
3. Any obligations related to the declarant's participation in
voluntary or nonvoluntary remediation activities.
18VAC48-30-450. Notice to tenants.
No notice to terminate tenancy of a unit provided for by
subsection B C of § 55-79.94 § 55.1-1982 of
the Code of Virginia shall be given prior to the registration of the
condominium including such unit as to which the tenancy is to be terminated.
Part VI
Post-Registration Provisions
18VAC48-30-460. Minimum post-registration reporting
requirements.
A. Subsequent to the issuance of a registration for a
condominium by the board, the declarant of a condominium shall:
1. File an annual report in accordance with § 55-79.93 § 55.1-1979
of the Code of Virginia and this chapter.
2. File a copy of the formal notice to the tenants of a
conversion condominium upon delivery or no later than 15 days after delivery to
such tenants in accordance with subsection B C of § 55-79.94
§ 55.1-1982.
3. Upon the occurrence of a material or nonmaterial change,
file an amended public offering statement or substituted public offering
statement in accordance with the provisions of 18VAC48-30-480 or
18VAC48-30-490, as applicable.
4. Notify the board of a change in the bond or letter of
credit, as applicable, required by §§ 55-79.58:1, 55-79.84:1, §§ 55.1-1921,
55.1-1968, and 55-79.95 55.1-1983 of the Code of Virginia.
5. File a complete application for registration of
unregistered additional units upon the expansion of the condominium or the
formation of units out of additional land. Notwithstanding the preceding,
nonresidential units created out of convertible space need not be registered.
Documents on file with the board and not changed with the creation of
additional units need not be refiled provided that the application indicates
that such documents are unchanged.
6. Notify the board of transition of control of the unit
owners' association.
7. Notify the board upon the transfer of special declarant
rights to a successor declarant.
8. Submit appropriate documentation to the board once the
registration is eligible for termination.
9. Submit to the board any other document or information that
may include information or documents that have been amended or may not have
existed previously that affects the accuracy, completeness, or representation
of any information or document filed with the application for registration.
10. Submit to the board any document or information to make
the registration file accurate and complete.
B. Notwithstanding the requirements of subsection A of this
section, the board at any time may require a declarant to provide information
or documents, or amendments thereof, to assure full and fair disclosure to
prospective purchasers and to ensure compliance with the Virginia
Condominium Act and this chapter.
18VAC48-30-480. Nonmaterial changes to the public offering
statement.
A. Changes to the public offering statement that are not
material shall be filed with the board but shall not be deemed an amendment of
the public offering statement for the purposes of this chapter and shall not
give rise to a renewed right of rescission in any purchase. Nonmaterial changes
to the public offering statement include, but may not be limited to, the
following:
1. Correction of spelling, grammar, omission, or other similar
errors not affecting the substance of the public offering statement;
2. Changes in presentation or format;
3. Substitution of an executed, filed, or recorded copy of a
document for the otherwise substantially identical unexecuted, unfiled, or
unrecorded copy of the document that was previously submitted;
4. Inclusion of updated information such as identification or
description of the current officers and directors of the declarant;
5. Disclosure of completion of improvements for improvements
that were previously proposed or not complete;
6. Changes in real estate tax assessment or rate or
modifications related to those changes;
7. Changes in utility charges or rates or modifications
related to those changes;
8. Adoption of a new budget that does not result in a
significant change in the common expense assessment or significantly impact the
rights or obligations of the prospective purchasers;
9. Modifications related to changes in insurance company or
financial institution, policy, or amount for bonds or letters of credit
required pursuant to §§ 55-79.58:1, 55-79.84:1, §§ 55.1-1921,
55.1-1968, and 55-79.95 55.1-1983 of the Code of Virginia;
10. Changes in management agent or common interest community
manager; and
11. Any change that is the result of orderly development of
the condominium in accordance with the condominium instruments as described in
the public offering statement.
B. Nonmaterial changes to the public offering statement shall
be submitted with the effective date of the changes detailed. All changes shall
be clearly represented in the documentation presented. The additions and
deletions of text in the public offering statement and exhibits shall be
identified by underlining and striking through text to be added and deleted,
and any documents being added to or deleted from the contents of the public
offering statement shall be clearly and accurately reflected in the table of
contents utilizing underlines and strike-throughs for additions and deletions.
In addition to the copies showing edits to the text, a clean copy of all new
and amended documents shall be provided. In addition, the declarant shall
include a statement with the submission of the declarant's plans, if any, to
deliver the public offering statement to purchasers pursuant to subdivision 2
of § 55-79.88 § 55.1-1974 of the Code of Virginia.
C. The board has the sole discretion for determining whether
a change is nonmaterial. The declarant will be notified in writing within 15
days of receipt by the board if the submitted changes are determined to be
material. Should a change be submitted as nonmaterial but determined to be a
material change during review, the requirements contained in 18VAC48-30-470 and
18VAC48-30-490 shall be applicable.
18VAC48-30-490. Filing of amended public offering statement.
A. The declarant shall promptly file with the board for
review a copy of the amended public offering statement or substituted public
offering statement together with a copy of a summary of proposed amendments
that shall be distributed to purchasers during the board review period. The
summary of proposed amendments shall enumerate the amendments to the public
offering statement submitted for board review and include a statement that the
amendments to the public offering statement have been filed with the board but
have not yet been accepted. The form of the submission is at the discretion of
the declarant provided, however, that (i) all amendments are clearly
represented in the documentation presented, (ii) the additions and deletions of
text in the public offering statement and exhibits shall be identified by
underlining and striking through text to be added and deleted, and (iii) any
documents being added to or deleted from the contents of the public offering
statement shall be clearly and accurately reflected in the table of contents
utilizing underlines and strike-throughs for additions and deletions. In
addition to the copies showing edits to the text, a clean copy of all new and
amended documents shall be provided.
B. The amended public offering statement submitted to the
board for review shall include the effective date of the amendments.
C. The board shall issue a notice of filing within five
business days following receipt of the amended public offering statement.
D. Within 30 days of the issuance of the notice of filing
required by subsection C of this section, the board shall review the amended
public offering statement and supporting materials to determine whether the
amendment complies with this chapter. If the board's review determines that the
amended public offering statement complies with this chapter, it shall notify
the declarant in writing and confirm the new effective date of the public
offering statement.
E. If the board's review determines that the amended public
offering statement does not comply with this chapter, it shall immediately notify
the declarant in writing that the review has determined the amended public
offering statement is not in compliance and shall specify the particulars of
such noncompliance. The declarant shall then have 20 days in which to correct
the particulars of noncompliance identified by the board. The declarant may,
prior to the completion of the 20-day correction period, request an extension
in writing of the 20-day correction period. Upon expiration of the 20-day
correction period, if requested corrections have not been made or a request for
extension properly received, the board may issue a temporary cease and desist
order in accordance with § 55-79.100 (b) § 55.1-1986 B of the
Code of Virginia to require the cessation of sales until such time as
affirmative action as directed by the board is taken. Use of the noncompliant
public offering statement may result in further action by the board pursuant to
§§ 55-79.100, 55-79.101, §§ 55.1-1986, 55.1-1987, and 55-79.103
55.1-1989 of the Code of Virginia.
F. Notwithstanding an extension of the 30-day period for
review agreed to in writing by the board and declarant, if the board does not
perform the required review of the public offering statement in accordance with
subsection D of this section, the amendment shall be deemed to comply with
18VAC48-30-160 through 18VAC48-30-380, and the new effective date shall be the
effective date of the amendment provided pursuant to subsection B of this
section.
G. In each case in which an amended document is filed
pursuant to this section and the manner of its amendment is not apparent on the
face of the document, the declarant shall provide an indication of the manner
and extent of amendment.
18VAC48-30-500. Current public offering statement.
A. Upon issuance of an effective date by the board, any
purchasers who received a public offering statement and summary of proposed
amendments during the board review period pursuant to subsection A of 18VAC48-30-490
shall be provided with the public offering statement as accepted by the board.
A public offering statement remains current until such time as the occurrence
of a material change requires amendment of the public offering statement
pursuant to this chapter and a new effective date is issued by the board.
B. Upon issuance of an effective date by the board, a public
offering statement remains current until such time as a new effective date is
established pursuant to this chapter.
C. Notwithstanding the board's authority to issue a cease and
desist order pursuant to § 55-79.100 § 55.1-1986 of the Code
of Virginia, the filing of an amended public offering statement shall not
require the declarant to cease sales provided that the declarant provides to
purchasers the summary of proposed amendments pursuant to subsection A of
18VAC48-30-490 pending the issuance of a new effective date by the board.
18VAC48-30-510. Public offering statement not current;
notification of purchasers.
A. A purchaser who has been delivered a public offering
statement that is not current due to a material change and was not provided
with the summary of proposed amendments containing the proposed changes to the
amended public offering statement pursuant to subsection A of 18VAC48-30-490
pending the issuance of a new effective date by the board shall be notified of
such fact by the declarant.
B. A purchaser who has been delivered a public offering
statement and summary of proposed amendments pursuant to subsection A of 18VAC48-30-490,
but the amended public offering statement is determined to be noncompliant in
accordance with subsection E of 18VAC48-30-490 shall be notified of such fact
by the declarant.
1. The notification shall indicate that any contract for
disposition of a condominium unit may be canceled by the purchaser pursuant to
subdivision 2 of § 55-79.88 § 55.1-1974 of the Code of
Virginia.
2. The declarant shall file a copy of the notification with
the board and provide proof that such notification has been delivered to all
purchasers under contract.
18VAC48-30-530. Filing of phase amendment application.
A. A phase amendment application shall be filed when adding
land to or converting land in the condominium, provided that no such
application need be filed for units previously registered. Such phase amendment
application shall be accompanied by the fee provided for in 18VAC48-30-100 and
shall be subject to all of the provisions of 18VAC48-30-90 through
18VAC48-30-150. Documents on file with the board that have not changed in
connection with the additional units need not be refiled, provided that the
phase amendment application indicates that such documents are unchanged.
B. The application shall include a new or amended bond or
letter of credit required pursuant to § 55-79.84:1 § 55.1-1968
of the Code of Virginia for the additional units.
C. The board shall review the phase amendment application and
supporting materials to determine whether the amendment complies with this
chapter. If the board's review determines the phase amendment application
complies with this chapter, it shall issue an amended order of registration for
the condominium and shall provide that any previous orders and designations of
the form, content, and effective date of the public offering statement,
substituted public offering statement, or prospectus to be used are superseded.
If the board's review determines that the phase amendment application is not
complete, the board shall correspond with the declarant to specify the
particulars that must be completed to obtain compliance with this chapter.
18VAC48-30-540. Annual report by declarant.
A. A declarant shall file an annual report on a form provided
by the board to update the material contained in the registration file at least
30 days prior to the anniversary date of the order registering the condominium.
Prior to filing the annual report required by § 55-79.93 § 55.1-1979
of the Code of Virginia, the declarant shall review the public offering
statement then being delivered to purchasers. If such public offering statement
is current, the declarant shall so certify in the annual report. If such public
offering statement is not current, the declarant shall amend the public
offering statement, and the annual report shall, in that event, include a
filing in accordance with 18VAC48-30-490.
B. The annual report shall contain, but may not be limited
to, the following:
1. Current contact information for the declarant;
2. Current contact information for the declarant's attorney,
if applicable;
3. Date of the public offering statement currently being
delivered to purchasers;
4. Date the condominium instruments were recorded and locality
wherein recorded;
5. Number of phases registered with the board, if applicable;
6. Number of phases recorded, if applicable;
7. Number of units recorded;
8. Number of units conveyed;
9. Status of completion of all common elements within the
condominium;
10. Status of declarant control;
11. Whether the declarant is current in the payment of
assessments; and
12. Current evidence from the surety or financial institution
of any bond or letters of credit, or submittal of replacement bonds or letters
of credit, required pursuant to §§ 55-79.58:1, 55-79.84:1, §§ 55.1-1921,
55.1-1968, and 55-79.95 55.1-1983 of the Code of Virginia.
Such verification shall provide the following:
a. Principal of bond or letter of credit;
b. Beneficiary of bond or letter of credit;
c. Name of the surety or financial institution that issued the
bond or letter of credit;
d. Bond or letter of credit number as assigned by the issuer;
e. The dollar amount; and
f. The expiration date or, if self-renewing, the date by which
the bond or letter of credit shall be renewed.
18VAC48-30-550. Board review of annual report.
A. During review of the annual report, the board may make
inquiries or request additional documentation to amplify or clarify the
information provided.
B. If the board does not accept the annual report and the
annual report filing is not completed within 60 days of a request by the board
for additional information, the board may take further action pursuant to §
55-79.100, 55-79.101, or 55-79.103 §§ 55.1-1986, 55.1-1987, and
55.1-1989 of the Code of Virginia for failing to file an annual report as
required by § 55-79.93 § 55.1-1979 of the Code of Virginia.
C. If the board does not perform the required review of the
annual report within 30 days of receipt by the board, the annual report shall
be deemed to comply with § 55-79.93 § 55.1-1979 of the Code
of Virginia.
18VAC48-30-560. Transition of control of unit owners'
association.
Upon transition of control of the association to the unit
owners following the period of declarant control, the declarant shall, in
addition to the requirements contained in subsection H of § 55-79.74 § 55.1-1943
of the Code of Virginia, notify the board in writing of the date of such
transition and provide the name and contact information for members of the
board of directors of the unit owners' association or the association's common
interest community manager.
18VAC48-30-570. Return of assessment bond or letter of credit
to declarant.
A. The declarant of a condominium required to post a bond or
letter of credit pursuant to § 55-79.84:1 § 55.1-1968 of the
Code of Virginia shall maintain such bond or letter of credit for all units
registered with the board until the declarant owns less than 10% of the units
in the condominium and is current in the payment of assessments. For
condominiums containing less than 10 units, the bond or letter of credit shall
be maintained until the declarant owns only one unit.
B. The declarant shall submit a written request to the board
for the return of the bond or letter of credit. The written request shall
attest that the declarant (i) owns less than 10% of the units or for
condominiums containing less than 10 units, that the declarant owns only one
unit and (ii) is current in the payment of assessments. The written request
shall provide contact information for the unit owners' association.
C. Upon receipt of the written request from the declarant,
the board shall send a request to the unit owners' association to confirm the
information supplied by the declarant. The person certifying the information on
behalf of the unit owners' association must not be affiliated with the
declarant. The managing agent may confirm the information supplied by the
declarant.
D. The board shall return the bond or letter of credit to the
declarant if (i) the unit owners' association confirms that the declarant is
current in the payment of assessments and owns less than 10% of the units in
the condominium or (ii) no response is received from the unit owners'
association within 90 days. The 90-day time frame in clause (ii) of this
subsection may be extended at the discretion of the board.
E. If the unit owners' association attests the declarant is
not current in the payment of assessments, the board shall retain the bond or
letter of credit until evidence is received satisfactory to the board that the
declarant is current in the payment of assessments.
F. The board may ask for additional information from the unit
owners' association or the declarant as needed to confirm compliance with §
55-79.84:1 § 55.1-1968 of the Code of Virginia.
18VAC48-30-580. Return of completion bond or letter of credit
to declarant.
A bond on file with the board pursuant to § 55-79.58:1
§ 55.1-1921 of the Code of Virginia may be returned to the
declarant upon written request. Such request shall include a copy of the
recorded plat or plan showing completion or documentation acceptable to the
board that the improvements to the common elements for which the bond was
submitted is completed to the extent of the declarant's obligation.
18VAC48-30-600. Maintenance of bond or letter of credit.
A. The declarant shall report the extension, cancellation,
amendment, expiration, termination, or any other change of any bond or letter
of credit submitted in accordance with §§ 55-79.58:1, 55-79.84:1, §§ 55.1-1921,
55.1-1968, and 55-79.95 55.1-1983 of the Code of Virginia
within five days of the change.
B. The board at any time may request verification from the
declarant of the status of a bond or letter of credit on file with the board.
Such verification shall comply with the provisions of subdivision B 12 of
18VAC48-30-540.
C. Failure to report a change in the bond or letter of credit
in accordance with this section shall result in further action by the board
pursuant to Chapter 4.2 19 (§ 55-79.39 (§ 55.1-1900
et seq.) of Title 55 55.1 of the Code of Virginia.
18VAC48-30-610. Termination of condominium registration.
A. The condominium registration shall be terminated upon
receipt of documentation of one of the following:
1. In accordance with § 55-79.93 § 55.1-1979
of the Code of Virginia, an annual report filed pursuant to 18VAC48-30-540
indicates that all units in the condominium have been disposed of and all
periods for conversion or expansion have expired.
2. Written notification is received from the declarant
attesting that all units have been disposed of and that all periods for
conversion or expansion have expired and all common elements have been
completed.
3. Written notification is received from the declarant
requesting termination pursuant to § 55-79.72:1 § 55.1-1937
of the Code of Virginia. Should the declarant later choose to offer condominium
units in a condominium for which the registration has been terminated in
accordance with this subsection, prior to offering a condominium unit, the
declarant must submit a new application for registration of the condominium,
meet all requirements in effect at the time of application, and be issued an
order of registration for the condominium by the board.
B. Upon receipt and review of documentation pursuant to
subsection A of this section, the board shall issue an order of termination for
the condominium registration. The board may request additional information as
necessary during the review of the submitted documentation to ensure that the
condominium registration is eligible for termination.
C. The board shall send a copy of the order of termination
for the condominium registration to the association.
18VAC48-30-620. Administrative termination of condominium
registration.
In accordance with subsection B of § 55-79.93:2 § 55.1-1981
of the Code of Virginia, the board may administratively terminate the
registration of a condominium. Prior to the administrative termination of the
registration, the board shall send written notice of its intent to terminate
the registration to all known parties associated with the condominium,
including, but not limited to, the registered agent, officer or
officers of the unit owners' association, declarant's and association's
attorneys, and principal or principals of the declarant. Such written
notice shall be given to the parties by mail or otherwise if acknowledged by
them in writing.
The board shall issue an order of termination for the
condominium registration if (i) a response is not received within 30 days after
sending the written notice or (ii) the response received does not indicate
termination of the registration is inappropriate in accordance with Chapter 4.2
19 (§ 55-79.39 (§ 55.1-1900 et seq.) of Title 55 55.1
of the Code of Virginia and this chapter.
Nothing contained in this section shall prevent the board
from taking further action as allowed by law including issuance of a temporary
cease and desist order, issuance of a cease and desist order, revocation of
registration, and bringing action in the appropriate circuit court to enjoin
the acts or practices and to enforce compliance.
18VAC48-30-630. Notification of successor declarant and
transfer of special declarant rights.
A. In the event the special declarant rights of a condominium
are transferred to a successor in accordance with § 55-79.74:3 § 55.1-1947
of the Code of Virginia, the successor declarant shall notify the board within
30 days. Before units may be offered for sale, the successor declarant shall
submit the following to the board:
1. Completed application for the successor declarant;
2. Copy of the recorded document evidencing the transfer;
3. Copies of all condominium instruments that were amended to
reflect the successor or transfer of special declarant rights;
4. A public offering statement amended in accordance with this
chapter;
5. All bonds or letters of credit required pursuant to §§
55-79.58:1, 55-79.84:1, §§ 55.1-1921, 55.1-1968, and 55-79.95
55.1-1983 of the Code of Virginia; and
6. Other documents that may be required to ensure compliance
with Chapter 4.2 19 (§ 55-79.39 (§ 55.1-1900
et seq.) of Title 55 55.1 of the Code of Virginia and this
chapter.
B. Documents on file with the board that have not changed in
connection with the transfer need not be refiled, provided that the application
for successor declarant indicates that such documents are unchanged.
18VAC48-30-640. Reporting of other changes to the condominium
project.
Any other change made or known by the declarant that may
affect the accuracy or completeness of the condominium registration file shall
be promptly reported to the board. Such change may include but is not
limited to the name of the declarant, name of the condominium project, or
any other changes in information submitted in accordance with § 55-79.89
§ 55.1-1975 of the Code of Virginia. The board may request additional
information as necessary to ensure compliance with Chapter 4.2 19
(§ 55-79.39 (§ 55.1-1900 et seq.) of Title 55 55.1
of the Code of Virginia and this chapter.
Part VII
Board Authority and Standards of Conduct
18VAC48-30-650. Grounds for disciplinary action.
The board may revoke a registration upon a finding
that the registration is not in compliance with, or the declarant has
violated, any provision of the regulations of the board or Chapter 4.2 19
(§ 55-79.39 (§ 55.1-1900 et seq.) of Title 55 55.1
of the Code of Virginia. Additional action may include issuance of a temporary
cease and desist order, issuance of a cease and desist order, revocation of
registration, and bringing action in the appropriate circuit court to enjoin
the acts or practices and to enforce compliance.
18VAC48-30-690. Prohibited acts.
The following acts are prohibited and any violation may
result in action by the board, including but not limited to issuance of
a temporary cease and desist order in accordance with § 55-79.100 (b) § 55.1-1986
B of the Code of Virginia:
1. Violating, inducing another to violate, or cooperating with
others in violating any of the provisions of any of the regulations of the
board, Chapter 23.3 (§ 54.1-2345 et seq.) of Title 54.1 of the Code of
Virginia, or Chapter 4.1 19 (§ 55-79.1 (§
55.1-1900 et seq.) or Chapter 4.2 20 (§ 55-79.39 (§ 55.1-2000
et seq.) of Title 55 55.1 of the Code of Virginia.
2. Obtaining or attempting to obtain a registration by false
or fraudulent representation, or maintaining a registration by false or
fraudulent representation.
3. Failing to comply with 18VAC48-30-80 in offering
literature.
4. Failing to alter or amend the public offering statement as
directed in accordance with 18VAC48-30-390 or 18VAC48-30-490.
5. Providing information to purchasers in a manner that
willfully and intentionally fails to promote full and fair disclosure.
6. Failing to provide information or documents, or amendments
thereof, in accordance with subsection B of 18VAC48-30-460.
7. Failing to comply with the post-registration requirements
of 18VAC48-30-460, 18VAC48-30-470, 18VAC48-30-480, 18VAC48-30-490,
18VAC48-30-500, 18VAC48-30-510, 18VAC48-30-520, 18VAC48-30-530, and
18VAC48-30-540.
8. Failing to give notice to a purchaser in accordance with
18VAC48-30-510.
9. Failing to give notice to the board of transition of
control of unit owners' association in accordance with 18VAC48-30-560.
10. Failing to transition control of the unit owners'
association in accordance with § 55-79.74 § 55.1-1943 of the
Code of Virginia.
11. Failing to turn over books and records in accordance with
subsection H of § 55-79.74 § 55.1-1943 of the Code of
Virginia.
12. Providing false information or misrepresenting an
affiliation with an association in seeking return of a bond or letter of credit
in accordance with 18VAC48-30-570 or 18VAC48-30-580.
13. Filing false or misleading information in the course of
terminating a registration in accordance with 18VAC48-30-610 or 18VAC48-30-620.
14. Failing to comply with 18VAC48-30-630 and 18VAC48-30-640.
15. Failing to comply with the advertising standards contained
in 18VAC48-30-670.
VA.R. Doc. No. R20-6020; Filed October 21, 2019, 6:21 p.m.