Bill Text: VA SB927 | 2018 | Regular Session | Introduced
Bill Title: Virginia Property Owners' Association Act; applicability.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-02-05 - Failed to report (defeated) in General Laws and Technology (7-Y 7-N) [SB927 Detail]
Download: Virginia-2018-SB927-Introduced.html
Be it enacted by the General Assembly of Virginia:
1. That §55-508 of the Code of Virginia is amended and reenacted as follows:
§55-508. Applicability.
A. This chapter shall apply to developments subject to a declaration, as defined herein, initially recorded after January 1, 1959, associations incorporated or otherwise organized after such date, and all subdivisions created under the former Subdivided Land Sales Act (§55-336 et seq.). For the purposes of this chapter, as used in the former Subdivided Land Sales Act, the terms:
"Covenants," "deed restrictions," or "other recorded instruments" for the management, regulation and control of a development shall be deemed to correspond with the term "declaration";
"Developer" shall be deemed to correspond with the term "declarant";
"Lot" shall be deemed to correspond with the term "lot"; and
"Subdivision" shall be deemed to correspond with the term "development."
B. This chapter shall be deemed to supersede the former Subdivided Land Sales Act (§55-336 et seq.), and no development shall be established under the latter on or after July 1, 1998.
This chapter shall not be construed to affect the validity of
any provision of any declaration recorded prior to July 1, 1998; however, any development established prior to the
enactment of the former Subdivided Land Sales Act may specifically provide for
the applicability of the provisions of this chapter., provided, however, that this chapter shall
be applicable to any development established
prior to the former Subdivided Land Sales Act (§55-336 et seq.) (i) containing 500 or more lots, (ii) having each lot contained in
the development being located within the
boundaries of a watershed improvement district established
pursuant to Article 3 (§10.1-614
et seq.) of Chapter 6 of Title 10.1, and (iii) having each lot subject
to substantially similar deed restrictions contained
in one or more declarations, which shall
be considered a single declaration under this chapter.
In addition, any development established prior to the enactment of the former Subdivided Land Sales Act (§55-336 et seq.) may specifically provide for the applicability of the provisions of this chapter.
C. This chapter shall not be construed to affect the validity of any provision of any prior declaration; however, to the extent the declaration is silent, the provisions of this chapter shall apply. If any one lot in a development is subject to the provisions of this chapter, all lots in the development shall be subject to the provisions of this chapter notwithstanding the fact that such lots would otherwise be excluded from the provisions of this chapter. Notwithstanding any provisions of this chapter, a declaration may specifically provide for the applicability of the provisions of this chapter. The granting of rights in this chapter shall not be construed to imply that such rights did not exist with respect to any development created in the Commonwealth before July 1, 1989.
B. D. This
chapter shall not apply to the (i) provisions of documents of, (ii) operations of
any association governing, or (iii) relationship of a member to any association
governing condominiums created pursuant to the Condominium Act (§55-79.39 et
seq.), cooperatives created pursuant to the Virginia Real Estate Cooperative
Act (§55-424 et seq.), time-shares created pursuant to the Virginia Real
Estate Time-Share Act (§55-360 et seq.), or membership campgrounds created
pursuant to the Virginia Membership Camping Act (§59.1-311 et seq.). This
chapter shall not apply to any nonstock, nonprofit, taxable corporation with
nonmandatory membership which, as its primary function, makes available golf,
ski and other recreational facilities both to its members and the general
public.
