Virginia Regulatory Town Hall

Preliminary Draft Text

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Action:
General Review of Common Interest Community Association ...
Stage: NOIRA
2/12/24  9:30 AM
 
18VAC48-60-13 Definitions

A. Section § 54.1-2345 of the Code of Virginia provides definitions of the following terms and phrases used in this chapter:

"Association"

“Board”

“Common interest community”

“Governing board”

B. Section § 55.1-1800 of the Code of Virginia provides definitions of the following terms and phrases used in this chapter:

"Property owners’ association"

C. Section § 55.1-2100 of the Code of Virginia provides definitions of the following terms and phrases used in this chapter:

"Proprietary lessees’ association"

D. The following words and terms when used in this chapter shall will have the following meanings unless the context clearly indicates otherwise a different meaning is provided or is plainly required by the context:

"Annual report" means the proper filing with the board of a completed, board-prescribed form submitted with the appropriate fee, and other required documentation for registration or renewal of an association.

"Association" means the same as the term is defined in § 54.1-2345 of the Code of Virginia.

"Board" means the same as the term is defined in § 54.1-2345 of the Code of Virginia.

"Common interest community" means the same as the term is defined in § 54.1-2345 of the Code of Virginia.

"Contact person" means the individual designated by an association to receive communications and notices from the board on behalf of the association.

"Governing board" means the same as the term is defined in § 54.1-2345 of the Code of Virginia.

"Property owners' association" means the same as the term is defined in § 55.1-1800 of the Code of Virginia.

"Proprietary lessees' association" means the same as the term is defined in § 55.1-2100 of the Code of Virginia.

"Registration" means the proper filing of an annual report with the board by an association and issuance of a certificate of filing by the board to an association in accordance with § 54.1-2349 A 8 of the Code of Virginia.

"Renew" means the process of filing an annual report with the board for continuance of a registration.

18VAC48-60-15 Timeframe for association registration and annual report

A. Within 30 days after the date of termination of the declarant control period, an association governing a condominium shall register with the board by filing the annual report required by § 55.1-1980 of the Code of Virginia and shall file an annual report every year thereafter.

B. Within 30 days after the date of termination of the declarant control period, a proprietary lessees' association shall register with the board by filing the annual report required by § 55.1-2182 of the Code of Virginia and shall file an annual report every year thereafter.

C. Within the meaning and intent of § 55.1-1835 of the Code of Virginia, a property owners' association shall register with the board by filing an annual report within 30 days of recordation of the declaration and shall file an annual report every year thereafter.

A. Within the meaning and intent of § 55.1-1835 of the Code of Virginia, a property owners' association must register with the board by filing an annual report within 30 days of recordation of the declaration and file an annual report every year thereafter.

B. Within 30 days after the date of termination of the declarant control period, an association governing a condominium must register with the board by filing the annual report required by § 55.1-1980 of the Code of Virginia and file an annual report every year thereafter.

C. Within 30 days after the date of termination of the declarant control period, a proprietary lessees' association must register with the board by filing the annual report required by § 55.1- 2182 of the Code of Virginia and file an annual report every year thereafter.

18VAC48-60-16 Designation of association contact person; certification of association complaint procedure

A. An association must include the following information on an annual report:

1. The name and contact information of the contact person for the association.

2. The name and contact information of a governing board member authorized by the association to receive correspondence related to notices of final adverse decision from the Office of the Common Interest Community Ombudsman.

B. An association must certify with each annual report filing that it has adopted an association complaint procedure in accordance with the Common Interest Community Ombudsman Regulations (18VAC48-70) and that such procedure is in effect.

18VAC48-60-17 Association registration expiration and renewal

A. An association registration shall will expire one year 12 months from the last day of the month in which it was issued.

B. Prior to the expiration date on the registration, the board shall mail will send a renewal notice to the registered association's contact person named in the board's records. Failure to receive a renewal notice from the board does not relieve the association of the obligation to renew by filing the annual report with the applicable fee.

C. Each association shall will renew its registration by filing an annual report with the board, including payment of renewal fee established in 18VAC48-60-60. A registration shall be renewed and considered current upon Upon receipt and processing by the board office of the completed annual report along with the renewal fee pursuant to 18VAC48-60-60, the registration will be renewed and considered current.

D. An association that does not renew registration within 12 months after expiration of the registration may not renew and must submit a new common interest community association registration application by filing the annual report and applicable registration fee.

E. The governing board of an association that fails to comply with registration requirements in this chapter may be subject to action by the board in accordance with 18VAC48-60-14 D 18VAC48-60-14 C.

18VAC48-60-25 Maintenance of registration

An association shall must notify the board office, in writing, within 30 days of any of the following:

1. Change of address of contact person information;

2. Change of governing board member designated by the association pursuant to 18VAC48-60-16 A 2;

2. 3. Change of members of the governing board; and

3. 4. Any other changes in information reported on the association's annual report.

18VAC48-60-55 Fees, generally

All fees are nonrefundable and shall will not be prorated. The date on which the fee is received by the board or its agent will determine whether the fee is on time. Checks or money orders shall must be made payable to the Treasurer of Virginia.

18VAC48-60-60 Registration and renewal fees

The following fee schedule is based upon the number of lots or units subject to the declaration for each association. Each association filing its first annual report shall must also pay the assessment required by § 54.1-2354.5 B of the Code of Virginia. The phrase "lots or units subject to the declaration" as used in in this section means any lots or units in a development to which the provisions of the recorded declaration, as amended, for the common interest community are applicable.

Number of Lots or Units

Registration Fee

Renewal Fee

1 - 50

$45

$30

51 - 100

$65

$50

101 - 200

$100

$80

201 - 500

$135

$115

501 - 1000

$145

$130

1001 - 5000

$165

$150

5001+

$180

$170