Administrative Code

Virginia Administrative Code
12/9/2022

Chapter 60. Common Interest Community Association Registration Regulations

18VAC48-60-10. Purpose.

These regulations govern the exercise of powers granted to and the performance of duties imposed upon the Common Interest Community Board by §§ 54.1-2350, 54.1-2354.2, 55.1-1835, 55.1-1980, and 55.1-2182 of the Code of Virginia.

Statutory Authority

§§ 54.1-201 and 54.1-2349 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 4, eff. November 27, 2008; amended, Virginia Register Volume 36, Issue 3, eff. November 1, 2019.

18VAC48-60-13. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"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.

Statutory Authority

§ 54.1-2349 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 15, eff. May 15, 2009; amended, Virginia Register Volume 36, Issue 3, eff. November 1, 2019; Volume 37, Issue 24, eff. September 1, 2021.

18VAC48-60-14. Association registration, generally.

A. Within the meaning and intent of § 54.1-2349 A 8 of the Code of Virginia, an association is registered upon acceptance by the board of an annual report and issuance of a certificate of filing by the board in accordance with 18VAC48-60-15 and 18VAC48-60-17.

B. In accordance with §§ 55.1-1808 and 55.1-1990 of the Code of Virginia, for an association governing a condominium or for any property owners' association that does not have a current registration with the board in accordance with §§ 55.1-1835 and 55.1-1980 of the Code of Virginia, the disclosure packet or resale certificate, as applicable, is deemed not available.

C. A property owners' association that is not (i) registered with the board, (ii) current in filing the most recent annual report with the board, and (iii) current in paying any assessment made by the board pursuant to § 54.1-2354.5 of the Code of Virginia is prohibited from collecting fees for disclosure packets authorized by §§ 55.1-1810 and 55.1-1811 of the Code of Virginia.

D. In accordance with §§ 54.1-2351 and 54.1-2352 of the Code of Virginia, the board may take action against the governing board of an association that fails to register in accordance with this chapter, which action may include issuance of a cease and desist order and an affirmative order to file an annual report or assessment of a monetary penalty of not more than $1,000.

Statutory Authority

§ 54.1-2349 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 37, Issue 24, eff. September 1, 2021.

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.

Statutory Authority

§ 54.1-2349 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 37, Issue 24, eff. September 1, 2021.

18VAC48-60-17. Association registration expiration and renewal.

A. An association registration shall expire one year 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 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 renew its registration by filing an annual report with the board. A registration shall be renewed and considered current upon receipt and processing by the board office of the completed annual report along with the renewal fee pursuant to 18VAC48-60-60.

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.

Statutory Authority

§ 54.1-2349 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 15, eff. May 15, 2009; amended, Virginia Register Volume 37, Issue 24, eff. September 1, 2021.

18VAC48-60-20. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 25, Issue 4, eff. November 27, 2008; amended, Virginia Register Volume 25, Issue 15, eff. May 15, 2009; Volume 35, Issue 19, eff. July 1, 2019; repealed, Virginia Register Volume 37, Issue 24, eff. September 1, 2021.

18VAC48-60-25. Maintenance of registration.

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

1. Change of address of contact person;

2. Change of members of the governing board; and

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

Statutory Authority

§ 54.1-2349 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 37, Issue 24, eff. September 1, 2021.

18VAC48-60-30. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 25, Issue 4, eff. November 27, 2008; repealed, Virginia Register Volume 37, Issue 24, eff. September 1, 2021.

18VAC48-60-40. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 25, Issue 4, eff. November 27, 2008; repealed, Virginia Register Volume 37, Issue 24, eff. September 1, 2021.

18VAC48-60-50. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 25, Issue 4, eff. November 27, 2008; amended, Virginia Register Volume 36, Issue 3, eff. November 1, 2019; repealed, Virginia Register Volume 37, Issue 24, eff. September 1, 2021.

18VAC48-60-55. Fees, generally.

All fees are nonrefundable and shall 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 be made payable to the Treasurer of Virginia.

Statutory Authority

§ 54.1-2349 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 37, Issue 24, eff. September 1, 2021.

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 also pay the assessment required by § 54.1-2354.5 B of the Code of Virginia.

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


Statutory Authority

§ 54.1-2349 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 4, eff. November 27, 2008; amended, Virginia Register Volume 25, Issue 15, eff. May 15, 2009; Volume 31, Issue 10, eff. March 1, 2015; Volume 32, Issue 11, eff. March 1, 2016; Volume 33, Issue 17, eff. May 17, 2017; Volume 34, Issue 17, eff. June 1, 2018; Volume 35, Issue 19, eff. July 1, 2019; Volume 37, Issue 24, eff. September 1, 2021.

FORMS (18VAC48-60).

Common Interest Community Association Registration Application, A492-0550REG-v8 (rev. 7/2020)

Common Interest Community Association Annual Report Form, A492-0550ANRPT-v10 (rev. 7/2020)

Common Interest Community Association Contact Person/Management Change Form, A492-0550POCCHG-v3 (eff. 11/2019)

Common Interest Community Association Governing Board Change Form, A492-0550GBCHG-v2 (eff. 11/2019)

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