                                 CODE OF VIRGINIA

DEFINITIONS (§ 55.1-2300)

As used in this chapter, unless the context requires a different
meaning:		&#8220;Agent&#8221; means any person who represents or acts for or on
behalf of a developer in the disposition of any lot in a subdivision, but does
not include an attorney whose representation of another person consists solely
of rendering legal services.		&#8220;Blanket encumbrance&#8221; means a trust,
deed, mortgage, judgment, or any other lien or encumbrance, securing or
evidencing the payment of money and affecting the land comprising the
subdivision to be offered and sold or leased or affecting more than 10 lots or
parcels of such lands, or an agreement affecting more than 10 lots or parcels of
such lands by which the developer holds such subdivision under option, contract,
sale, or trust agreement. &#8220;Blanket encumbrance&#8221; does not include
mechanics&#8217; liens, taxes, or assessments levied by a public authority, or
easements granted to public utilities or governmental agencies for the purpose
of bringing services to the lot or parcel within the
subdivision.		&#8220;Developer&#8221; means any person who offers, directly or
indirectly, for disposition, any lot in a subdivision, but does not include a
trustee under a deed of trust securing an indebtedness or other obligation who
sells lots within such subdivision under foreclosure proceedings, provided that
the purpose in so doing is not to evade the provisions of this
chapter.		&#8220;Disposition&#8221; or &#8220;sale&#8221; means any lease,
assignment, or exchange, or any interest in any lot that is a part of or
included in a subdivision.		&#8220;Land sales installment contract&#8221; means
any installment contract for the sale or disposition of land by which the
purchaser does not receive a deed conveying the property purchased until some or
all installment payments have been made as called for in the contract and record
title to such property remains in another pending full performance of the
contract.		&#8220;Lot&#8221; means any unit, parcel, division, piece of land, or
interest in land except utility easements if such interest carries with it the
exclusive right to use a specific portion of property.		&#8220;Offer&#8221;
means any inducement, solicitation, media advertisement, or attempt performed by
or on behalf of a developer that has as its objective the disposition of a lot
in a subdivision.		&#8220;Person&#8221; means any individual, corporation,
government or governmental agency, business trust, estate, trust, partnership,
unincorporated association, two or more of any of the foregoing having a joint
or common interest, or any other legal or commercial
entity.		&#8220;Purchaser&#8221; means a person who acquires or attempts to
acquire any lot in a subdivision.		&#8220;Subdivision&#8221; means:

1. Any subdivision of land into 100 or more lots, whether contiguous or not,
where any such lots are, from July 1, 1978, sold or disposed of by land sales
installment contracts and pursuant to a common promotional plan, where lot
purchasers within such subdivision have use of and access to the facilities and
amenities within such subdivision for which the lot owners are assessed on a
regular or special basis for the use and enjoyment of such lot; and

2. Any existing subdivision of land of 30 or more lots in which the developer
has concluded its sales effort for a period of six consecutive months and has
transferred to the association described in subdivision A 1 of &#xA7; 55.1-2305
all the title, control, and maintenance responsibilities of the common areas and
common facilities.

HISTORY: 1978, c. 510, § 55-337; 1980, c. 546; 1996, c. 372; 2019, c. 712.