Académique Documents
Professionnel Documents
Culture Documents
of Real Estate
Table of Contents
Module Description
This module will explore some of the most important laws relating to real estate in
Virginia. First we will examine the provisions of The Virginia Residential Property
Disclosure Act which apply only with respect to transfers by sale, exchange, installment
land sales contract, or lease with option to buy residential real property. This law
governs the information owners must disclose to prospective purchasers of real property.
We then discuss the Virginia Common Interest Communities Act. This Act created a
Board which is a separate agency within the Department of Professional and
Occupational Regulation. The board is responsible for administering Virginia's
common interest community and property registration laws.
The Virginia Residential Landlord and Tenant Act is discussed in detail, covering the
responsibilities of landlords and tenants. Anyone who rents or manages a property
in Virginia should be familiar with this important law. Last but not least is the Virginia
Underground Utility Damage Prevention Act. This law provides the requirements that
must be followed when the property is excavated. The purpose of the law is to
protect utility companies, contractors, excavators and the general public through the
prevention of damage to underground utilities.
Key Terms
Advertising: All forms of representation, promotion and solicitation disseminated in
any manner and by any means of communication to consumers for any purpose
related to licensed real estate activity.
Condominium: Real property which can include single family dwellings, attached
dwellings, multilevel dwellings, office units, and other types of dwellings where the
undivided interests in the common elements are vested in the unit owners.
Common elements: All portions of the condominium other than the units.
Declarant: Any person, or group of persons acting in concert, that offers to sell his
or its interest in a condominium unit not previously sold before. This would be the
developer or owner of the condominium.
Declaration: A document, recorded among the land records of the county or city in
which the development is located, that imposes an annual assessment on the owners
in the community to pay for maintenance and other services for all owners in the
community.
Disclosure packet: Includes the documents that the buyer receives when
purchasing real property in a Homeowner’s Association.
Excavate or excavation: Any operation in which earth, rock, or other material in the
ground is moved, removed, or otherwise displaced by means of any tools,
equipment, or explosives and includes, without limitation, grading, trenching,
digging, ditching, dredging, drilling, augering, tunneling, scraping, cable or pipe
plowing and driving, wrecking, razing, rendering, moving, or removing any structure
or mass of material.
Notice: Information given in writing by either regular mail or hand delivery, with the
sender retaining sufficient proof of having given such notice.
Resale Certificate: Includes the documents that the buyer receives when
purchasing a resale condominium.
Sublease: The transfer by any tenant of any, but not all, interests created by a rental
agreement.
Time-share estate: Right to occupy a unit or any of several units during five or more
separated time periods over a period of at least five years, including renewal options,
coupled with a freehold estate or an estate for years in a time-share project or a
specified portion thereof.
Time-share use: The right to occupy a time-share unit or any of several time-share
units during five or more separated time periods over a period of at least five years,
including renewal options, not coupled with a freehold estate or an estate for years
in a time-share project or a specified portion thereof.
Lesson Topics
This lesson focuses on the following topics:
Introduction
Inartistic Information vs. Artistic Information
Approaches to Artistic Information: Ethos, Pathos, and Logos
Rhetoric and Effective Communication
The Virginia Residential Property Disclosure Act (Title 55, Chapter 27 of the Code of
Virginia) governs the information owners must disclose to prospective purchasers of real
property. Certain transfers of residential property are excluded from the requirements
(see § 55-518).
1. Transfers pursuant to court order including, but not limited to, transfers
ordered by a court in administration of an estate, transfers pursuant to a writ
of execution, transfers by foreclosure sale or by a deed in lieu of a foreclosure,
transfers by a trustee in bankruptcy, transfers by eminent domain, and
transfers resulting from a decree for specific performance. Also, transfers by
an assignment for the benefit of creditors pursuant to Chapter 9 (§ 55-156 et
Condition
The owner makes no representations or warranties as to the condition of the real
property or any improvements thereon, or with regard to any covenants and
restrictions as may be recorded among the land records affecting the real property
or any improvements thereon, and purchasers are advised to exercise whatever due
diligence a particular purchaser deems necessary including obtaining a home
inspection, as defined in § 54.1-500, in accordance with the terms and conditions as
may be contained in the real estate purchase contract, but in any event, prior to
settlement pursuant to such contract.
Required Disclosures
1. Hand delivery;
Owner liability
A. As set forth in § 55-521, except with respect to the disclosures required by
§ 55-519.1, the owner shall not be liable for any error, inaccuracy or omission
of any information delivered pursuant to this chapter if:
the error, inaccuracy or omission was not within the actual knowledge of the
owner or was based on information provided by public agencies or by other
persons providing information that is required to be disclosed pursuant to
A real estate licensee representing a purchaser of residential real property or, if the
purchaser is not represented by a licensee, the real estate licensee representing an
owner of residential real estate and dealing with the purchaser has a duty to inform
each such purchaser of the purchaser's rights and obligations under this chapter.
Provided a real estate licensee performs those duties, the licensee shall have no
further duties to the parties to a residential real estate transaction under this
chapter, and shall not be liable to any party to a residential real estate transaction
for a violation of this chapter or for any failure to disclose any information regarding
any real property subject to this chapter.
C. Any action brought under this subsection shall be commenced within one year
of the date the purchaser received the disclosure statement.
Nothing contained herein shall prevent a purchaser from pursuing any remedies at
law or equity otherwise available against an owner in the event of an owner's
intentional or willful misrepresentation of the condition of the subject property.
Advertising by Licensees
As set forth in 18VAC135-20-190, please see the following topics:
Useful Definitions
All advertising must be under the direct supervision of the principal broker or
supervising broker, in the name of the firm and, when applicable, comply with the
disclosure required by § 54.1-2138.1 of the Code of Virginia. The firm's licensed name
must be clearly and legibly displayed on all advertising.
Advertising
All forms of representation, promotion and solicitation disseminated in any manner
and by any means of communication to consumers for any purpose related to
licensed real estate activity.
Contact Information
Telephone number or web address.
Viewable Page
A page that may or may not scroll beyond the borders of the screen and includes the
use of framed pages.
For sale and for lease signs placed on the property shall include but not be
limited to the firm's name and the firm's primary or branch office telephone
number.
Business cards shall include but not be limited to the licensee's name, the firm
name, and contact information.
Prohibited Activities:
Implying that property listed by a licensee's firm and advertised by the firm or
licensee is for sale, exchange, rent or lease by the owner or by an unlicensed
person;
Failing to include a notice in all advertising that the owner is a real estate
licensee if the licensee owns or has any ownership interest in the property
advertised;
Failing to include the firm's licensed name on any sign displayed outside each
place of business;
Failing to obtain the written consent of the seller, landlord, optionor or licensor
prior to advertising a specific identifiable property; and
Failing to identify the type of services offered when advertising by general
description a property not listed by the party making the advertisement.
Lesson Introduction
The Common Interest Community Board is a separate agency within the Department
of Professional and Occupational Regulation. The director of the department acts as
the board's secretary and administrative officer. The board is authorized to regulate
common interest community managers as well as their supervisory and principal
employees.
Lesson Summary
The Common Interest Community Board regulates and oversees the following:
Lesson Introduction
As set forth in § 55-79.39 - § 55-79.103 the Virginia Condominium Act is regulated by
the Virginia Common Interest Community Board. There are certain documents that
are required to create a condominium as well regulations requiring a seller of the
condo to provide to the buyer of a new or resale condo certain documents when
purchasing the condo.
Useful Definitions
Documents that create a condominium
Documents received by purchaser when purchasing a new condominium
Documents received by purchaser when purchasing a resale condominium
Regulations for renting a condominium unit
Useful Definitions
Here are some of the useful definitions:
Condominium
A real property which can include single family dwellings, attached dwellings,
multilevel dwellings, office units, and other types of dwellings where the undivided
interests in the common elements are vested in the unit owners.
Declarant
Any person, or group of persons acting in concert, that offers to sell his or its interest
in a condominium unit not previously sold before. This would be the developer or
owner of the condominium. The term "declarant" shall not include an individual who
acquires title to a condominium unit at a foreclosure sale. The declarant must submit
to the Virginia Common Interest Community Board a Declaration of Condominium,
Bylaws, and a Public Offering Statement when creating the condominium.
Condominium Declaration
Condominium Declaration is "a legal document filed in the county or state in which
a condominium will be located. Once filed with the appropriate public official, this
document establishes the existence of the project and divides airspace into layers of
ownership".
Initial Sale
A purchaser of a new condominium will receive a Public Offering Statement from the
developer of the condominium and has five calendar days to cancel the contract if
purchaser feels the POS is unsatisfactory.
The name and principal address of the declarant and the condominium;
A general narrative description of the condominium stating the total number
of units in the offering; the total number of units planned to be sold and
rented; the total number of units that may be included in the condominium by
reason of future expansion or merger of the project by the declarant;
Copies of the declaration and bylaws, with a brief narrative statement
describing each and including information on declarant control, a projected
budget for at least the first year of the condominium's operation (including
projected common expense assessments for each unit), and provisions for
reserves for capital expenditures and restraints on alienation;
Copies of any management contract, lease of recreational areas, or similar
contract or agreement affecting the use, maintenance or access of all or any
part of the condominium with a brief narrative statement of the effect of each
such agreement upon a purchaser, and a statement of the relationship, if any,
between the declarant and the managing agent or firm;
A general description of the status of construction, zoning, site plan approval,
issuance of building permits, or compliance with any other state or local
statute or regulation affecting the condominium;
The significant terms of any encumbrances, easements, liens and matters of
title affecting the condominium;
The significant terms of any financing offered by the declarant to the
purchaser of units in the condominium;
Provisions of any warranties provided by the declarant on the units and the
common elements.
A statement that, the purchaser may cancel the disposition within five
calendar days of delivery of the current public offering statement or within
five calendar days of the contract date of the disposition, whichever is later;
Resale by Purchaser
As set forth in § 55-79.97, resale by purchaser needs the following:
Disclosure Required
In the event of any resale of a condominium unit by a unit owner, they shall disclose
in the contract that
the unit is located within a development which is subject to the Condominium
Act,
the Act requires the seller to obtain from the unit owners' association a resale
certificate and provide it to the purchaser,
the purchaser may cancel the contract within three days after receiving the
resale certificate or being notified that the resale certificate will not be
available,
If the contract does not contain the disclosure, the purchaser's sole remedy is to
cancel the contract prior to settlement. The notice of cancellation shall be provided
to the unit owner or his agent by one of the following methods:
Hand delivery;
United States mail, postage prepaid, provided the sender retains sufficient
proof of mailing, which may be either a United States postal certificate of
mailing or a certificate of service prepared by the sender confirming such
mailing;
Electronic means provided the sender retains sufficient proof of the electronic
delivery, which may be an electronic receipt of delivery, a confirmation that
the notice was sent by facsimile, or a certificate of service prepared by the
sender confirming the electronic delivery; or
Overnight delivery using a commercial service or the United States Postal
Service.
In the event of a dispute, the sender shall have the burden to demonstrate delivery
of the notice of cancellation. Such cancellation shall be without penalty, and the unit
owner shall cause any deposit to be returned promptly to the purchaser.
Resale Certificate
A resale certificate shall include the following:
A statement of any expenditure of funds approved by the unit owners'
association or an assessment in addition to the regular assessment during the
current or the immediately succeeding fiscal year;
A statement, including the amount, of all assessments and any other fees or
charges currently imposed by the unit owners' association, together with any
known post-closing fee charged by the common interest community manager,
if any, and associated with the purchase, disposition and maintenance of the
condominium unit and the use of the common elements, and the status of the
account;
A statement whether there is any other entity or facility to which the unit
owner may be liable for fees or other charges;
The current reserve study report or a summary thereof, a statement of the
status and amount of any reserve or replacement fund and any portion of the
fund designated for any specified project;
A copy of the unit owners' association's current budget or a summary thereof
prepared by the unit owners' association and a copy of the statement of its
financial position (balance sheet) for the last fiscal year for which a statement
is available, including a statement of the balance due of any outstanding loans
of the unit owners' association;
A statement of the nature and status of any pending suits or unpaid judgments
to which the unit owners' association is a party which either could or would
The resale certificate shall be delivered in accordance with the written request and
instructions of the seller or the seller's authorized agent, including whether the resale
certificate shall be delivered electronically or in hard copy, at the option of the seller
or the seller's authorized agent, and shall specify the complete contact information
for the parties to whom the resale certificate shall be delivered. The resale certificate
shall be delivered within 14 days of receipt of such request.
The seller or the seller's authorized agent may request that the resale certificate be
provided in hard copy or in electronic form. A unit owners' association or common
interest community manager may provide the resale certificate electronically;
however, the seller or the seller's authorized agent shall have the right to request
that the resale certificate be provided in hard copy.
The seller or the seller's authorized agent shall continue to have the right to request
a hard copy of the resale certificate in person at the principal place of business of the
unit owners' association. If the seller or the seller's authorized agent requests that
the resale certificate be provided in electronic format, neither the unit owners'
association nor its common interest community manager may require the seller or
the seller's authorized agent to pay any fees to use the provider's electronic network
or system. The resale certificate shall not be delivered in hard copy if the requester
has requested delivery of such resale certificate electronically.
If the resale certificate is provided electronically by a website link, the preparer shall
not cause the website link to expire within the subsequent 90-day period.
A reasonable fee may be charged by the preparer of the resale certificate as follows
for:
The inspection of the unit, as authorized in the declaration and as required to
prepare the resale certificate, a fee not to exceed $100;
The preparation and delivery of the resale certificate in
o paper format, a fee not to exceed $150 for no more than two hard
copies, or
For purposes of this section, an expedite fee shall only be charged if the inspection
and preparation of delivery of the resale certificate are completed within five
business days of the request for a resale certificate.
If a resale certificate has been issued within the preceding 12-month period, a person
specified in the written instructions of the seller or the seller's authorized agent,
including the seller or the seller's authorized agent or the purchaser or the
purchaser's authorized agent, may request a resale certificate update. The requester
shall specify whether the resale certificate update shall be delivered electronically or
in hard copy and shall specify the complete contact information of the parties to
whom the update shall be delivered. The resale certificate update shall be delivered
within 10 days of the written request.
The settlement agent may request a financial update. The requester shall specify
whether the financial update shall be delivered electronically or in hard copy and
shall specify the complete contact information of the parties to whom the update
shall be delivered. The financial update shall be delivered within three business days
of the written request.
The amount of any charges so assessed shall not exceed $50 for a single offense, or
$10 per diem for any offense of a continuing nature, and shall be treated as an
assessment against such unit owner's condominium unit for the purpose of § 55-
79.84. However, the total charges for any offense of a continuing nature shall not be
assessed for a period exceeding 90 days.
The unit owners' association may file or defend the legal action in general district or
circuit court that seeks relief, including injunctive relief, arising from any violation of
the condominium instruments or duly adopted rules and regulations.
If the court rules in favor of the unit owners' association, it shall be entitled to collect
such charges from the date the action was filed as well as all other charges assessed
pursuant to this section against the unit owner prior to the action. In addition, if the
court finds that the violation remains uncorrected, the court may order the unit
owner to abate or remedy the violation.
The said lien, once perfected, shall be prior to all other liens and encumbrances
except
At any time after perfecting the lien pursuant to this section, the unit owners'
association may sell the unit at public sale, subject to prior liens. For purposes of this
section, the unit owners' association shall have the power both to sell and convey the
unit, and shall be deemed the unit owner's statutory agent for the purpose of
transferring title to the unit.
Rental of Units
As set forth in § 55-79.87:1, except as expressly authorized in this chapter or in the
condominium instruments or as otherwise provided by law, no unit owners'
association shall:
Condition or prohibit the rental of a unit to a tenant by a unit owner or make
an assessment or impose a charge except as provided in § 55-79.42:1;
Charge a rental fee, application fee, or another processing fee of any kind in
excess of $50 during the term of any lease;
Charge an annual or monthly rental fee or any other fee not expressly
authorized in § 55-79.42:1;
Require the unit owner to use a lease or an addendum to the lease prepared
by the unit owners' association;
Charge any deposit from the unit owner or the tenant of the unit owner; or
Have the authority to evict a tenant of any unit owner or to require any unit
owner to execute a power of attorney authorizing the unit owners' association
to so evict. However, if the unit owner designates a person licensed under the
provisions of § 54.1-2106.1 as the unit owner's authorized representative with
respect to any lease, the unit owners' association shall recognize such
representation without a formal power of attorney, provided that the unit
owners' association is given a written authorization signed by the unit owner
designating such representative. Notwithstanding the foregoing, the
requirements of § 55-79.77 and the condominium instruments shall be
satisfied before any such representative may exercise a vote on behalf of a
unit owner as a proxy.
The unit owners' association may require the unit owner to provide the unit owners'
association with the names and contact information of the tenants and authorized
occupants under such lease and any authorized agent of the unit owner, and vehicle
information for such tenants or authorized occupants.
Lesson Summary
Developers of condominiums must know what is required when creating new condos
for resale. Buyers of new and resale condos must be made aware of all the rules and
regulations that will allows them to enjoy the condo life to its fullest. The law provides
that the buyer can cancel the contract to purchase a condo if the buyer finds items
in the documentation that are not acceptable. This allows the buyer to get their
deposit back, allowing them to purchase another property.
Lesson Introduction
The Virginia Real Estate Time-Share Act is administered by the Common Interest
Community Board. A discussion of how a time-share is created and the two types of
time-share ownership are discussed. A brief overview of the Public Offering
Statement will be outlined as well as how many days a purchaser of a time-share has
to rescind the contract and get their deposit returned. A discussion of the regulations
for advertising is presented as well as the process of transferring control of the time-
share from the developer to the association.
Creation of a Time-Share
In order to create a time-share program for a time-share estate project,
the developer shall execute a time-share instrument prepared and executed in
accordance with this chapter and record it in the clerk’s office where such time-share
project is located. The time-share instrument shall contain the following:
1. The name of the time-share project
Right to Rescind
The purchaser of a time-share may cancel the contract until midnight of the seventh
calendar day following the execution of such contract.
Escrow of Deposits
As set forth in § 55-375, any deposit made in connection with the purchase or
reservation of a product shall be held in escrow. All cash deposits shall be held in a
separate bank account labeled and designated solely for that purpose.
There shall be filed with the Common Interest Community Board a bond, letter of
credit, or cash for the purpose of protecting all deposits escrowed pursuant to
subsection A, in favor of the time-share purchasers. The bond, letter of credit, or cash
shall be in an amount equal to the total of the deposits in escrow at any given time
or $25,000, whichever is greater. Such bond, letter of credit, or cash shall be
maintained for so long as the developer offers time-shares in the project. The bond
shall be with a surety company authorized to do business in Virginia.
Advertisements
As set forth in § 55-374.1, any offering which includes a gift or prize must disclose the
following:
Transfer of Control
The time-share instrument for a time-share estate program shall provide for a
period of time, to be called the "developer control period," during which the
developer or a managing agent selected by the developer shall manage
and control the time-share estate project and the common elements and units, or
portions thereof, comprising it. All costs associated with the control, management,
and operation of the time-share estate project during the developer control period
shall belong to the developer.
A time-share owner providing a certificate is not liable to the purchaser for any
erroneous information included in the certificate, other than for judgment liens
against the time-share being sold.
A purchaser is not liable for any unpaid time-share expense liability or fee greater
than the amount set forth in the certificate prepared. A time-share owner is not liable
to a purchaser for the failure or delay of the provider to provide the certificate in a
timely manner, but the purchase contract is voidable by the purchaser until the
certificate has been provided and for five days thereafter or until transfer, whichever
occurs first.
All rights of redress of a purchaser against a selling time-share owner, the developer,
managing agent, or the association for the failure to obtain or receive the statement
are conclusively waived upon settlement on the time-share occurring.
The responsibilities imposed by this section on the developer, managing agent, time-
share estate owners' association, or selling time-share owner shall not be waived.
If a developer has substantially complied in good faith with the provisions of this
chapter, a nonmaterial error or omission shall not be actionable. A nonmaterial error
or omission shall not be sufficient to permit a purchaser to cancel a contract after
the cancellation period provided by § 55-376 has expired.
Lesson Summary
Real estate licenses may sell time-shares and should be aware of the rules and
regulations that govern this type of ownership. The time period to rescind the
contract is important for potential buyers to be aware of, and their knowledge of the
types of documents that they should receive when purchasing a time is a must.
Licensees must adhere to all these requirements or else their license may be in
jeopardy.
Lesson Introduction
The Virginia Property Owner’s Association Act is regulated by the Virginia Common
Interest Community Board. This lesson begins with the disclosure requirements to
potential purchasers concerning cancelation of contract. There is an overview of the
documents that must be included in the disclosure packet and the amount of the
fees charged for the disclosure packet. A discussion of renting lots in an association
as well as lien requirement for assessments is presented. Other disclosures which
include disclosing the time, date, and location of any pesticide applications is
reviewed as well as the allowance for installing a US flag.
If the contract does not contain the disclosure required, the purchaser's sole remedy
is to cancel the contract prior to settlement. Notice of cancellation shall be provided
to the lot owner or his agent by one of the following methods:
Hand delivery;
United States mail, postage prepaid, provided the sender retains sufficient
proof of mailing, which may be either a United States postal certificate of
mailing or a certificate of service prepared by the sender confirming such
mailing;
In the event of a dispute, the sender shall have the burden to demonstrate delivery
of the notice of cancellation. Such cancellation shall be without penalty, and the seller
shall cause any deposit to be returned promptly to the purchaser.
The name of the association and, if incorporated, the state in which the
association is incorporated and the name and address of its registered agent
in Virginia;
A statement of any expenditure of funds approved by the association or the
board of directors that shall require an assessment in addition to the regular
assessment during the current year or the immediately succeeding fiscal year;
A statement, including the amount of all assessments and any other
mandatory fees or charges currently imposed by the association, together
with any post-closing fee charged by the common interest community
manager, if any, and associated with the purchase, disposition, and
maintenance of the lot and to the right of use of common areas, and the status
of the account;
The disclosure packet shall be delivered in accordance with the written request and
instructions of the seller or the seller's authorized agent, including whether the
disclosure packet shall be delivered electronically or in hard copy and shall specify
the complete contact information for the parties to whom the disclosure packet shall
be delivered.
The seller or the seller's authorized agent may request that the disclosure packet be
provided in hard copy or in electronic form. An association or common interest
community manager may provide the disclosure packet electronically; however, the
seller or the seller's authorized agent shall have the right to request that the
association disclosure packet be provided in hard copy. The seller or the seller's
authorized agent shall continue to have the right to request a hard copy of the
disclosure packet in person at the principal place of business of the association.
The disclosure packet shall not be delivered in hard copy if the requester has
requested delivery of such disclosure packet electronically. If the disclosure packet is
provided electronically by a website link, the preparer shall not cause the website link
to expire within the subsequent 90-day period.
The preparer shall not charge another fee during the subsequent 12-month period,
except that the preparer may charge an update fee for a financial update or for an
inspection as provided in § 55-509.6. If the seller or the seller's authorized agent asks
that the disclosure packet be provided in electronic format, the seller or the seller's
authorized agent may request that an electronic copy be provided to each of the
following named in the request: the seller, the seller's authorized agent, the
purchaser, the purchaser's authorized agent, and not more than one other person
designated by the requester.
For purposes of this section, an expedite fee shall only be charged if the inspection
and preparation of delivery of the disclosure packet are completed within five
business days of the request for a disclosure packet.
No fees other than those specified in this section, and as limited by this section, shall
be charged by the association or its common interest community manager for
compliance with the duties and responsibilities of the association under this chapter.
No additional fee shall be charged for access to the association's or common interest
community manager's website. The association or its common interest community
manager shall publish and make available in paper or electronic format, or both, a
schedule of the applicable fees so the seller or the seller's authorized agent will know
such fees at the time of requesting the packet.
If an association disclosure packet has been issued for a lot within the preceding 12-
month period, a person specified in the written instructions of the seller or the
seller's authorized agent, including the seller or the seller's authorized agent, or the
purchaser or his authorized agent may request a disclosure packet update. The
requester shall specify whether the disclosure packet update shall be delivered
electronically or in hard copy, and shall specify the complete contact information of
the parties to whom the update shall be delivered. The disclosure packet update shall
be delivered within 10 days of the written request.
The settlement agent may request a financial update. The requester shall specify
whether the financial update shall be delivered electronically or in hard copy, and
shall specify the complete contact information of the parties to whom the update
shall be delivered. The financial update shall be delivered within three business days
of the written request.
A reasonable fee for the disclosure packet update or financial update may be
charged by the preparer not to exceed $50. At the option of the purchaser or the
purchaser's authorized agent, the requester may request that the association or the
common interest community manager perform an additional inspection of the
exterior of the dwelling unit and the lot, as authorized in the declaration, for a fee
not to exceed $100. Any fees charged for the specified update shall be collected at
the time settlement occurs on the sale of the property.
No fees other than those specified in this section shall be charged by the association
for compliance with its duties and responsibilities under this section. Any fees
charged pursuant to this section shall be collected at the time of delivery of the
disclosure packet. If unpaid, any such fees shall be an assessment against the lot and
collectible as any other assessment in accordance with the provisions of the
declaration and § 55-516. The seller may pay the association by cash, check, certified
funds, or credit card, if credit card payment is an option offered by the association.
The settlement agent may request a financial update. The requestor shall specify
whether the financial update shall be delivered electronically or in hard copy, and
shall specify the complete contact information of the parties to whom the update
shall be delivered. The financial update shall be delivered within three business days
of the written request therefor.
The association shall not require cash, check, certified funds, or credit card payments
at the time the request is made for the disclosure packet update. The requestor may
request that the specified update be provided in hard copy or in electronic form.
Rental of Lots
As set forth in § 55-509.3:1 except as expressly authorized in this chapter or in the
declaration or as otherwise provided by law, no association shall:
The association may require the lot owner to provide the association with the names
and contact information of the tenants and authorized occupants under such lease
and any authorized agent of the lot owner, and vehicle information for such tenants
or authorized occupants. The association may require the lot owner to provide the
association with the tenant's acknowledgment of and consent to any rules and
regulations of the association. The provisions of this section shall not apply to lots
owned by the association.
Lesson Summary
The Virginia Property Owners’ Association Act details the rules for what must be
disclosed to potential purchasers in an Owners’ Association. Documents must be
presented to the purchaser at the time of contract allowing the purchaser to review
the documents. The purchaser has three days to decide whether to proceed with the
purchase or cancel the contract. We also learned that a US flag can be installed in an
owners’ association and that purchasers can operate a home-based business on
their property. These laws were created to protect the public while living in an
owners’ association.
Lesson Introduction
The purpose of the Virginia Residential Landlord and Tenant Act is to simplify, clarify,
modernize and revise the law governing the rental of dwelling units and the rights
and obligations of landlords and tenants. The law also encourages landlords and
tenants to maintain and improve the quality of housing as well as to establish a single
body of law relating to landlord and tenant relations throughout the Commonwealth.
General Provisions
Read the following to learn more details about general provisions in the Virginia
Residential Landlord and Tenant Act:
Exemptions
As set forth in § 55-248.5 the following are exemptions under Virginia’s Residential
Landlord and Tenant Act:
In the absence of a rental agreement, the tenant shall pay as rent the fair rental value
for the use and occupancy of the dwelling unit. Rent shall be payable without demand
or notice at the time and place agreed upon by the parties.
A copy of any written rental agreement signed by both the tenant and the landlord
shall be provided to the tenant within one month of the effective date of the written
rental agreement. The failure of the landlord to deliver such a rental agreement shall
not affect the validity of the agreement. The landlord shall provide the tenant with a
written receipt, upon request from the tenant, whenever the tenant pays rent in the
form of cash or money order.
Prepaid rent
As set forth in § 55-248.7:1, a landlord and a tenant may agree in a rental agreement
that the tenant pay prepaid rent. If a landlord receives prepaid rent, it shall be placed
in an escrow account in a federally insured depository in Virginia by the end of the
fifth business day following receipt and shall remain in the account until such time
as the prepaid rent becomes due. Unless the landlord has otherwise become entitled
to receive any portion of the prepaid rent, it shall not be removed from the escrow
account required by this section without the written consent of the tenant.
Damage Insurance
A landlord may require as a condition of tenancy that a tenant have commercial
insurance coverage as specified in the rental agreement to secure the performance
by the tenant of the terms and conditions of the rental agreement and pay for the
cost of premiums for such insurance coverage obtained by the landlord, generally
known as "damage insurance."
Renter's Insurance
A landlord may require as a condition of tenancy that a tenant have renter's
insurance as specified in the rental agreement that is a combination multi-peril policy
containing the fire, miscellaneous property, and personal liability coverage insuring
personal property located in residential units not occupied by the owner.
If the tenant does not sign and deliver a written rental agreement signed and
delivered to him by the landlord, acceptance of possession or payment of rent
without reservation gives the rental agreement the same effect as if it had been
signed and delivered by the tenant.
Landlord Obligations
Read the following to learn more details about Landlord obligations in the Virginia
Residential Landlord and Tenant Act:
Inspection of Premises
As set forth in § 55-248.11:1;
The landlord shall, within five days after occupancy of a dwelling unit, submit
a written report to the tenant, for his safe keeping, itemizing damages to the
dwelling unit existing at the time of occupancy, which record shall be
deemed correct unless the tenant objects thereto in writing within five days
after receipt thereof.
If the landlord's written disclosure states that there is visible evidence of mold in the
dwelling unit, the tenant shall have the option to terminate the tenancy and not take
possession or remain in possession of the dwelling unit. If the tenant requests to
take possession, or remain in possession, of the dwelling unit, notwithstanding the
presence of visible evidence of mold, the landlord shall promptly remediate the mold
condition but in no event later than five business days thereafter and re-inspect the
dwelling unit to confirm there is no visible evidence of mold in the dwelling unit and
reflect on a new report that there is no visible evidence of mold in the dwelling unit
upon re-inspection.
As set forth in § 55-248.12, the landlord or his agent must disclose the following:
In addition, the landlord shall post notice of all insecticide or pesticide applications
in areas of the premises other than the dwelling units. Such notice shall consist of
conspicuous signs placed in or upon such premises where the insecticide or pesticide
will be applied at least forty-eight hours prior to the application.
to the payment of accrued rent and including the reasonable charges for late
payment of rent specified in the rental agreement;
to the payment of the amount of damages which the landlord has suffered by
reason of the tenant's noncompliance with § 55-248.16, less reasonable wear
and tear; or
to other damages or charges as provided in the rental agreement. The security
deposit and any deductions, damages and charges shall be itemized by the
landlord in a written notice given to the tenant, together with any amount due
the tenant within 45 days after termination of the tenancy and delivery of
possession.
If the tenant desires to be present when the landlord makes the inspection, he shall
so advise the landlord in writing who, in turn, shall notify the tenant of the time and
date of the inspection, which must be made within 72 hours of delivery of possession.
Tenant Obligations
Read the following to learn more details about Tenant obligations in the Virginia
Residential Landlord and Tenant Act:
Tenant Remedies
Read the following to learn more details about Tenant remedies in the Virginia
Residential Landlord and Tenant Act:
The termination date shall be no more than 60 days prior to the date of departure
necessary to comply with the official orders or any supplemental instructions for
interim training or duty prior to the transfer. Prior to the termination date, the tenant
shall furnish the landlord with a copy of the official notification of the orders or a
signed letter, confirming the orders, from the tenant's commanding officer.
Recover damages based upon the diminution in the fair rental value of the
dwelling unit; or
Procure reasonable substitute housing during the period of the landlord's
noncompliance, in which case the tenant is excused from paying rent for the
period of the landlord's noncompliance, as determined by the court.
Landlord Remedies
Read the following to learn more details about Landlord remedies in the Virginia
Residential Landlord and Tenant Act:
If the landlord cannot determine whether the premises have been abandoned by the
tenant, the landlord shall serve written notice on the tenant in accordance with § 55-
248.6 requiring the tenant to give written notice to the landlord within seven days
that the tenant intends to remain in occupancy of the premises. If the tenant gives
such written notice to the landlord, or if the landlord otherwise determines that the
tenant remains in occupancy of the premises, the landlord shall not treat the
premises as having been abandoned.
If the tenant remains in possession without the landlord's consent after expiration
of the term of the rental agreement or its termination, the landlord may bring an
action for possession and may also recover actual damages, reasonable attorney
fees, and court costs, unless the tenant proves by a preponderance of the evidence
that the failure of the tenant to vacate the dwelling unit as of the termination date
was reasonable. The landlord may include in the rental agreement a reasonable
liquidated damage penalty, not to exceed an amount equal to 150 percent of the per
diem of the monthly rent, for each day the tenant remains in the dwelling unit after
the termination date specified in the landlord's notice.
given a termination notice to the tenant in accordance with this chapter, which
includes a statement that any items of personal property left in the dwelling
unit or the premises would be disposed of within the 24-hour period after
termination,
given written notice to the tenant in accordance with § 55-248.33, which
includes a statement that any items of personal property left in the dwelling
unit or the premises would be disposed of within the 24-hour period after
expiration of the seven-day notice period, or (
given a separate written notice to the tenant, which includes a statement that
any items of personal property left in the dwelling unit or the premises would
be disposed of within 24 hours after the expiration of a 10-day period from
the date such notice was given to the tenant. Any written notice to the tenant
shall be given in accordance with § 55-248.6.
Lesson Summary
It is important for real estate licensees who lease, rent, and manage residential
property for their clients and customers to have an in-depth understanding of the
Virginia Residential Landlord and Tenant Act. Not knowing the law is a recipe for
disaster. Licensees have an obligation to inform clients and customers of their rights
under the law. With this knowledge of the law, a licensee can feel more confident of
how to proceed properly so the license is not jeopardized.
Lesson Introduction
The purpose of Virginia’s Underground Utility Damage Prevention Act, which was
enacted in 1979 by the legislature, is to protect utility companies, contractors,
excavators and the general public through the prevention of damage to
underground utilities. The State Corporation Commission shall enforce the
provisions of the Underground Utility Damage Prevention Act. The Commission may
promulgate any rules or regulations necessary to implement the Commission's
authority to enforce the law.
Notice to the notification center shall be deemed to be notice to each operator who
is a member of the notification center. The notification center shall provide the
excavator with the identity of utilities that will be notified of the proposed excavation
or demolition. Except for counties, cities, and towns, an excavator who willfully fails
to notify the notification center of proposed excavation or demolition shall be liable
to the operator whose facilities are damaged by that excavator, for three times the
cost to repair the damaged property, provided the operator is a member of the
notification center. The total amount of punitive damages awarded under this
section, as distinguished from actual damages, shall not exceed $10,000 in any single
cause of action.
Any person who willfully fails to notify the notification center of proposed excavation
or demolition shall be liable to the operator.
If, after receiving proper notice, an operator fails to discharge a duty imposed by any
provision of this chapter and an underground utility line of such operator is
damaged, as a proximate result of the operator's failure to discharge such duty, by
any person who has complied with all of the provisions of this chapter, such person
shall not be so liable.
Lesson Summary
Virginia’s Underground Utility Damage Prevention Act requires advanced notification
to the center so the excavator is aware of the location of any and all utilities that may
be in the path of excavation. This law goes a long way to protect utility companies,
contractors, excavators and the general public through the prevention of damage to
underground utilities. Know before you dig!