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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>369372</law_id><section_number>55.1-1804</section_number><catch_line>Documents to be provided by declarant upon transfer of control</catch_line><edition url="https://vacode.org/2026/" slug="2026" current="TRUE" last_updated="2026-08-02">2026</edition><structure><unit label="title" level="1" order_by="120" identifier="55.1">Property and Conveyances</unit><unit label="subtitle" level="2" order_by="4" identifier="IV">Common Interest Communities</unit><unit label="chapter" level="3" order_by="1" identifier="18">Property Owners' Association Act</unit><unit label="article" level="4" order_by="1" identifier="1">General Provisions</unit></structure><text>
						<section><p>Unless previously provided to the <span class="dictionary">board of directors</span> of the <span class="dictionary">association</span>, once the majority of the members of the <span class="dictionary">board of directors</span> other than the <span class="dictionary">declarant</span> are owners of improved <span class="dictionary">lots</span> in the <span class="dictionary">association</span> and the <span class="dictionary">declarant</span> no longer holds a majority of the votes in the <span class="dictionary">association</span>, the <span class="dictionary">declarant</span> shall provide to the <span class="dictionary">board of directors</span> or its designated agent the following: (i) all <span class="dictionary">association</span> books and records held by or controlled by the <span class="dictionary">declarant</span>, including minute books and rules and regulations and all amendments to such rules and regulations that may have been promulgated; (ii) a statement of receipts and expenditures from the date of the recording of the <span class="dictionary">association</span> documents to the end of the regular accounting period immediately succeeding the first election of the <span class="dictionary">board of directors</span> by the <span class="dictionary">lot owners</span>, not to exceed 60 days after the date of the election, such statement being prepared in an accurate and complete manner, utilizing the accrual method of accounting; (iii) the number of <span class="dictionary">lots</span> subject to the <span class="dictionary">declaration</span>; (iv) the number of <span class="dictionary">lots</span> that may be subject to the <span class="dictionary">declaration</span> upon completion of <span class="dictionary">development</span>; (v) a copy of the latest available approved plans and specifications for all improvements in the project or as-built plans if available; (vi) all <span class="dictionary">association</span> insurance policies that are currently in force; (vii) written unexpired warranties of the contractors, subcontractors, suppliers, and manufacturers, if any, relative to all <span class="dictionary">common area</span> improvements, including stormwater facilities; (viii) any <span class="dictionary">contracts</span> in which the <span class="dictionary">association</span> is a contracting <span class="dictionary">party</span>; (ix) a list of manufacturers of paints, roofing <span class="dictionary">materials</span>, and other similar <span class="dictionary">materials</span> if specified for use on the <span class="dictionary">association</span> property; (x) the number of members of the <span class="dictionary">board of directors</span> and number of such directors appointed by the <span class="dictionary">declarant</span> together with names and contact information of members of the <span class="dictionary">board of directors</span>; and (xi) an inventory and description of stormwater facilities located on the <span class="dictionary">common area</span> or which otherwise serve the <span class="dictionary">development</span> and for which the <span class="dictionary">association</span> has, or subsequently may have, maintenance, repair, or replacement responsibility, together with the requirements for maintenance thereof.</p><p>The requirement for delivery of stormwater facility information required by clause (xi) shall be deemed satisfied by delivery to the <span class="dictionary">association</span> of a final site plan or final construction drawings showing stormwater facilities as approved by a local government <span class="dictionary">jurisdiction</span> and applicable recorded easements or agreements, if any, containing requirements for the maintenance, repair, or replacement of the stormwater facilities.</p><p>If the <span class="dictionary">association</span> is managed by a <span class="dictionary">common interest community manager</span> in which the <span class="dictionary">declarant</span>, or its principals, has no pecuniary interest or management role, then such <span class="dictionary">common interest community manager</span> shall have the responsibility to provide the documents and information required by clauses (i), (ii), (vi), and (viii).</p></section></text><history>1996, c. 618, &#xA7; 55-509.2; 2008, cc. 851, 871; 2012, c. 671; 2019, cc. 712, 724.</history><metadata></metadata></law>
