Code of Virginia

Creating a Report: Check the sections you'd like to appear in the report, then use the "Create Report" button at the bottom of the page to generate your report. Once the report is generated you'll then have the option to download it as a pdf, print or email the report.

Code of Virginia
Title 55. Property and Conveyances [Repealed Effective October 1, 2019]
Chapter 4.1. Horizontal Property

§ 55-79.2. (Repealed effective October 1, 2019) Definitions.

As used in this chapter unless the context otherwise requires:

(a) "Apartment" means an apartment, apartment dwelling unit, unit, house or home which is an enclosed space consisting of one or more rooms occupying all or part of one or more floors in a building or buildings of one or more floors or stories regardless of whether it be designed or used for residence, for office, for the operation of any industry or business, or for any other type of independent use, or combination of uses, and shall include such accessories as may be appurtenant thereto, such as garage space, storage space, balcony, terrace and patio. Provided that the apartment has a direct exit to a thoroughfare or to a given common space leading to a thoroughfare;

(b) "Board" means the Common Interest Community Board;

(c) "Condominium" means the ownership of a single unit in a multiple unit structure with common elements in a condominium project;

(d) "Condominium project" means a real estate condominium project; a plan or project whereby four or more apartments, rooms, office spaces, or other units existing or proposed whether the unit involves a single structure, attached to or detached from other units, or is in one or more multiple unit structures, on contiguous parcels of real estate are offered or proposed to be offered for sale;

(e) "Co-owner" means a person, firm, corporation, partnership, association, trust or other legal entity, or any combination thereof who owns an apartment within the building or buildings;

(f) "Council of co-owners" means all the co-owners as defined in subsection (e) of this section, acting as a group in accordance with the bylaws of the horizontal property regime;

(g) "Developer" means a person who undertakes to develop a real estate condominium project;

(h) "General common elements" unless otherwise provided in the master deed or lease means and includes:

(1) The land whether leased or in fee simple, on which the building or buildings stand;

(2) The foundations, main walls, roofs, halls, lobbies, stairways, and entrances and exits or communication ways;

(3) The basements, flat roofs, yards, and gardens, except as otherwise provided or stipulated;

(4) The premises for the lodging of janitors or persons in charge of the building or buildings, except as otherwise provided or stipulated;

(5) The compartments or installations of central services such as power, light, gas, cold and hot water, refrigeration, reservoirs, water tanks and pumps, and the like;

(6) The elevators, garbage incinerators and, in general all devices or installations existing for common use; and

(7) All other elements of the property rationally of common use or necessary to its existence, upkeep and safety;

(i) "Limited common elements" means and includes those common elements which are agreed upon by all of the co-owners to be reserved for the use of a certain number of apartments to the exclusion of the other apartments, such as special corridors, stairways and elevators, sanitary services common to the apartments of a particular floor, and the like;

(j) "Majority of co-owners" means more than fifty percent of the votes of the co-owners computed in accordance with the bylaws of the horizontal property regime;

(k) "Master deed" or "master lease" means the deed or lease recording the property of the horizontal property regime;

(l) "Person" means an individual, firm, corporation, partnership, association, trust or other legal entity or any combination thereto;

(m) "Property" means and includes the land whether leasehold or in fee simple and the building or buildings, all improvements and structures thereon and all easements, rights and appurtenances belonging thereto;

(n) "To record" means to record pursuant to the laws of this Commonwealth relating to the recordation of deeds.

1962, c. 627, § 2; 1966, c. 683; 1972, c. 450; 2009, c. 557.

The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.