Virginia Horizontal Property Act

Title 55.1, Chapter 20 (Takes Effect October 1, 2019)

The Virginia Horizontal Property Act (the “Act”) found under the new Title 55.1, Chapter 20 of the Code of Virginia was enacted in April 1962 to provide a statutory structure for the establishment of condominium ownership before July 1, 1974. This chapter applies “[w]henever a developer, the sole owner or the co-owners of a building or buildings expressly declare, through the recordation of a master deed or lease, which shall set forth the particulars enumerated by 55-79.7, their desire to submit their property to the regime established by this chapter, there shall be thereby established a horizontal property regime.” This new chapter takes effect on October 1, 2019 and repeals Title 55 as of said date. For more on applicability of provisions of this chapter, please read Section 55.1-2003 below.

The Act is divided into the following four articles.

Article 1 - General Provisions

Article 2 - Creation and Alteration of Horizontal Property Regimes

Article 3 - Management of Horizontal Property Regimes

Article 4 - Protection of Purchasers

All condominiums and horizontal property regimes or condominium projects established after July 1, 1974 are governed by the Virginia Condominium Act (§ 55.1-1901).

Article 1 - General Provisions

Section Name Section Number
Definitions 55.1-2000
Property taxes assessed on individual apartments 55.1-2001
Chapter additional and supplemental 55.1-2002

Article 2 - Creation and Alteration of Horizontal Property Regimes

Section Name Section Number
Establishment of horizontal property regime 55.1-2003
Partition 55.1-2004

Article 3 - Management of Horizontal Property Regimes

Section Name Section Number
Apartments subject to individual titles and interests; recording; transfer of garage unit 55.1-2005
Joint or common ownership 55.1-2006
Exclusive and common rights of owners 55.1-2007
Master deed or lease; recordation; particulars 55.1-2008
Deeds of individual apartments 55.1-2009
Regrouping or merger of estates with principal property 55.1-2010
Merger not to bar subsequent condominium 55.1-2011
Bylaws governing administration of buildings 55.1-2012
Books and records; inspection; audit 55.1-2013
Contributions by co-owners 55.1-2014
Payment of assessments upon conveyance of apartment; priority 55.1-2015
Liens or encumbrances 55.1-2016
Rule against perpetuities; rule restricting unreasonable restraints on alienation 55.1-2017
Liability of owner 55.1-2018
Compliance by co-owner with bylaws and administrative rules and regulations 55.1-2019

Article 4 - Protection of Purchasers

Section Name Section Number
Deposits to be held in escrow 55.1-2020

DISCOVER MORE