{"law_id":"779877","section_number":"55-79.61","catch_line":"Conversion of convertible lands","history":"1974, c. 416; 1975, c. 415; 1986, c. 324; 1991, c. 497; 1993, c. 45; 2012, c. 520.","order_by":null,"metadata":false,"court_decisions":{},"official_url":"http:\/\/law.lis.virginia.gov\/vacode\/55-79.61\/","refers_to":[{"id":"766994","section_number":"55-79.56","catch_line":"Reallocation of interests in common elements","url":"\/55-79.56\/"},{"id":"786765","section_number":"55-79.58","catch_line":"Contents of plats and plans","url":"\/55-79.58\/"}],"url":"\/55-79.61\/","token":"55\/4.2\/2\/55-79.61","structure":{"1":{"id":"731","name":"Creation, Alteration And Termination Of Condominiums","identifier":"2","label":"article","url":"\/55\/4.2\/2\/"},"2":{"id":"730","name":"Condominium Act","identifier":"4.2","label":"chapter","url":"\/55\/4.2\/"},"3":{"id":"30","name":"Property And Conveyances","identifier":"55","label":"title","url":"\/55\/"}},"referred_to_by":false,"edition_id":"11","section_id":"779877","structure_id":"731","full_text":"A The declarant may convert all or any portion of any convertible land into one or more units and\/or limited common elements subject to any restrictions and limitations which the condominium instruments may specify. Any such conversion shall be deemed to have occurred at the time of the recordation of appropriate instruments pursuant to subsection B of this section and subsection C of \u00a7 55-79.58.\r\rB Simultaneously with the recording of plats and plans pursuant to subsection C of \u00a7 55-79.58, the declarant shall prepare, execute, and record an amendment to the declaration describing the conversion. Such amendment shall assign an identifying number to each unit formed out of a convertible land and shall reallocate undivided interests in the common elements in accordance with subsection (b) of \u00a7 55-79.56. Such amendment shall describe or delineate the limited common elements formed out of the convertible land, showing or designating the unit or units to which each is assigned.\r\rC All convertible lands shall be deemed a part of the common elements except for such portions thereof as are converted in accordance with the provisions of this section. Until the expiration of the period during which conversion may occur or until actual conversion, whichever occurs first, the declarant alone shall be liable for real estate taxes assessed against the convertible land and any improvements thereon and all other expenses in connection with that real estate, and no other unit owner and no other portion of the condominium shall be subject to a claim for payment of those taxes or expenses, and unless the declaration provides otherwise, any income or proceeds from the convertible land and any improvements thereon shall inure to the declarant. No such conversion shall occur after 10 years from the recordation of the declaration, or such shorter period of time as the declaration may specify.\r\r","text":{"0":{"id":"2515555","text":"The declarant may convert all or any portion of any convertible land into one or more units and\/or limited common elements subject to any restrictions and limitations which the condominium instruments may specify. Any such conversion shall be deemed to have occurred at the time of the recordation of appropriate instruments pursuant to subsection B of this section and subsection C of \u00a7 55-79.58.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1},"1":{"id":"2515556","text":"Simultaneously with the recording of plats and plans pursuant to subsection C of \u00a7 55-79.58, the declarant shall prepare, execute, and record an amendment to the declaration describing the conversion. Such amendment shall assign an identifying number to each unit formed out of a convertible land and shall reallocate undivided interests in the common elements in accordance with subsection (b) of \u00a7 55-79.56. Such amendment shall describe or delineate the limited common elements formed out of the convertible land, showing or designating the unit or units to which each is assigned.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1},"2":{"id":"2515557","text":"All convertible lands shall be deemed a part of the common elements except for such portions thereof as are converted in accordance with the provisions of this section. Until the expiration of the period during which conversion may occur or until actual conversion, whichever occurs first, the declarant alone shall be liable for real estate taxes assessed against the convertible land and any improvements thereon and all other expenses in connection with that real estate, and no other unit owner and no other portion of the condominium shall be subject to a claim for payment of those taxes or expenses, and unless the declaration provides otherwise, any income or proceeds from the convertible land and any improvements thereon shall inure to the declarant. No such conversion shall occur after 10 years from the recordation of the declaration, or such shorter period of time as the declaration may specify.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1}},"ancestry":{"1":{"id":"731","name":"Creation, Alteration And Termination Of Condominiums","identifier":"2","label":"article","url":"\/55\/4.2\/2\/"},"2":{"id":"730","name":"Condominium Act","identifier":"4.2","label":"chapter","url":"\/55\/4.2\/"},"3":{"id":"30","name":"Property And Conveyances","identifier":"55","label":"title","url":"\/55\/"}},"structure_contents":{"0":{"id":"772975","structure_id":"731","section_number":"55-79.45","catch_line":"How condominium may be created","url":"\/55-79.45\/","token":"55\/4.2\/2\/55-79.45"},"1":{"id":"785555","structure_id":"731","section_number":"55-79.46","catch_line":"Release of liens","url":"\/55-79.46\/","token":"55\/4.2\/2\/55-79.46"},"2":{"id":"783421","structure_id":"731","section_number":"55-79.47","catch_line":"Description of condominium units","url":"\/55-79.47\/","token":"55\/4.2\/2\/55-79.47"},"3":{"id":"774952","structure_id":"731","section_number":"55-79.48","catch_line":"Execution of condominium instruments","url":"\/55-79.48\/","token":"55\/4.2\/2\/55-79.48"},"4":{"id":"780393","structure_id":"731","section_number":"55-79.49","catch_line":"Recordation of condominium instruments","url":"\/55-79.49\/","token":"55\/4.2\/2\/55-79.49"},"5":{"id":"768704","structure_id":"731","section_number":"55-79.50","catch_line":"Construction of condominium instruments","url":"\/55-79.50\/","token":"55\/4.2\/2\/55-79.50"},"6":{"id":"778440","structure_id":"731","section_number":"55-79.51","catch_line":"Complementarity of condominium instruments; controlling construction","url":"\/55-79.51\/","token":"55\/4.2\/2\/55-79.51"},"7":{"id":"795192","structure_id":"731","section_number":"55-79.52","catch_line":"Validity of condominium instruments; discrimination prohibited","url":"\/55-79.52\/","token":"55\/4.2\/2\/55-79.52"},"8":{"id":"765524","structure_id":"731","section_number":"55-79.53","catch_line":"Compliance with condominium instruments","url":"\/55-79.53\/","token":"55\/4.2\/2\/55-79.53"},"9":{"id":"783940","structure_id":"731","section_number":"55-79.54","catch_line":"Contents of declaration","url":"\/55-79.54\/","token":"55\/4.2\/2\/55-79.54"},"10":{"id":"767799","structure_id":"731","section_number":"55-79.55","catch_line":"Allocation of interests in the common elements","url":"\/55-79.55\/","token":"55\/4.2\/2\/55-79.55"},"11":{"id":"766994","structure_id":"731","section_number":"55-79.56","catch_line":"Reallocation of interests in common elements","url":"\/55-79.56\/","token":"55\/4.2\/2\/55-79.56"},"12":{"id":"778721","structure_id":"731","section_number":"55-79.57","catch_line":"Assignments of limited common elements; conversion to common element","url":"\/55-79.57\/","token":"55\/4.2\/2\/55-79.57"},"13":{"id":"786765","structure_id":"731","section_number":"55-79.58","catch_line":"Contents of plats and plans","url":"\/55-79.58\/","token":"55\/4.2\/2\/55-79.58"},"14":{"id":"793222","structure_id":"731","section_number":"55-79.58:1","catch_line":"Bond to insure completion of improvements","url":"\/55-79.58:1\/","token":"55\/4.2\/2\/55-79.58:1"},"15":{"id":"771774","structure_id":"731","section_number":"55-79.59","catch_line":"Preliminary recordation of plats and plans","url":"\/55-79.59\/","token":"55\/4.2\/2\/55-79.59"},"16":{"id":"771814","structure_id":"731","section_number":"55-79.60","catch_line":"Easement for encroachments","url":"\/55-79.60\/","token":"55\/4.2\/2\/55-79.60"},"17":{"id":"779877","structure_id":"731","section_number":"55-79.61","catch_line":"Conversion of convertible lands","url":"\/55-79.61\/","token":"55\/4.2\/2\/55-79.61"},"18":{"id":"777461","structure_id":"731","section_number":"55-79.62","catch_line":"Conversion of convertible spaces","url":"\/55-79.62\/","token":"55\/4.2\/2\/55-79.62"},"19":{"id":"792516","structure_id":"731","section_number":"55-79.63","catch_line":"Expansion of condominium","url":"\/55-79.63\/","token":"55\/4.2\/2\/55-79.63"},"20":{"id":"782796","structure_id":"731","section_number":"55-79.64","catch_line":"Contraction of condominium","url":"\/55-79.64\/","token":"55\/4.2\/2\/55-79.64"},"21":{"id":"770808","structure_id":"731","section_number":"55-79.65","catch_line":"Easement to facilitate conversion and expansion","url":"\/55-79.65\/","token":"55\/4.2\/2\/55-79.65"},"22":{"id":"794441","structure_id":"731","section_number":"55-79.66","catch_line":"Easement to facilitate sales","url":"\/55-79.66\/","token":"55\/4.2\/2\/55-79.66"},"23":{"id":"795509","structure_id":"731","section_number":"55-79.67","catch_line":"Declarant's obligation to complete and restore","url":"\/55-79.67\/","token":"55\/4.2\/2\/55-79.67"},"24":{"id":"789326","structure_id":"731","section_number":"55-79.68","catch_line":"Alterations within units","url":"\/55-79.68\/","token":"55\/4.2\/2\/55-79.68"},"25":{"id":"787082","structure_id":"731","section_number":"55-79.69","catch_line":"Relocation of boundaries between units","url":"\/55-79.69\/","token":"55\/4.2\/2\/55-79.69"},"26":{"id":"781528","structure_id":"731","section_number":"55-79.70","catch_line":"Subdivision of units","url":"\/55-79.70\/","token":"55\/4.2\/2\/55-79.70"},"27":{"id":"777615","structure_id":"731","section_number":"55-79.71","catch_line":"Amendment of condominium instruments","url":"\/55-79.71\/","token":"55\/4.2\/2\/55-79.71"},"28":{"id":"774149","structure_id":"731","section_number":"55-79.71:1","catch_line":"Use of technology","url":"\/55-79.71:1\/","token":"55\/4.2\/2\/55-79.71:1"},"29":{"id":"773313","structure_id":"731","section_number":"55-79.71:2","catch_line":"Merger or consolidation of condominiums; procedure","url":"\/55-79.71:2\/","token":"55\/4.2\/2\/55-79.71:2"},"30":{"id":"791931","structure_id":"731","section_number":"55-79.72","catch_line":"Repealed","url":"\/55-79.72\/","token":"55\/4.2\/2\/55-79.72"},"31":{"id":"795894","structure_id":"731","section_number":"55-79.72:1","catch_line":"Termination of condominium","url":"\/55-79.72:1\/","token":"55\/4.2\/2\/55-79.72:1"},"32":{"id":"773768","structure_id":"731","section_number":"55-79.72:2","catch_line":"Rights of mortgagees","url":"\/55-79.72:2\/","token":"55\/4.2\/2\/55-79.72:2"},"33":{"id":"791299","structure_id":"731","section_number":"55-79.72:3","catch_line":"Statement of unit owner rights","url":"\/55-79.72:3\/","token":"55\/4.2\/2\/55-79.72:3"}},"previous_section":{"id":"771814","structure_id":"731","section_number":"55-79.60","catch_line":"Easement for encroachments","url":"\/55-79.60\/","token":"55\/4.2\/2\/55-79.60"},"next_section":{"id":"777461","structure_id":"731","section_number":"55-79.62","catch_line":"Conversion of convertible spaces","url":"\/55-79.62\/","token":"55\/4.2\/2\/55-79.62"},"references":[{"id":"771774","section_number":"55-79.59","catch_line":"Preliminary recordation of plats and plans","url":"\/55-79.59\/"},{"id":"792516","section_number":"55-79.63","catch_line":"Expansion of condominium","url":"\/55-79.63\/"}],"formats":{"txt":"\/55-79.61.txt","json":"\/55-79.61.json","xml":"\/55-79.61.xml"},"dublin_core":{"Title":"Conversion of convertible lands","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55-79.61","Relation":"Code of Virginia"},"plain_text":"                                 CODE OF VIRGINIA\n\nCONVERSION OF CONVERTIBLE LANDS (\u00a7 55-79.61)\n\nA. The declarant may convert all or any portion of any convertible land into one\nor more units and\/or limited common elements subject to any restrictions and\nlimitations which the condominium instruments may specify. Any such conversion\nshall be deemed to have occurred at the time of the recordation of appropriate\ninstruments pursuant to subsection B of this section and subsection C of \u00a7\n55-79.58.\n\nB. Simultaneously with the recording of plats and plans pursuant to subsection C\nof \u00a7 55-79.58, the declarant shall prepare, execute, and record an amendment to\nthe declaration describing the conversion. Such amendment shall assign an\nidentifying number to each unit formed out of a convertible land and shall\nreallocate undivided interests in the common elements in accordance with\nsubsection (b) of \u00a7 55-79.56. Such amendment shall describe or delineate the\nlimited common elements formed out of the convertible land, showing or\ndesignating the unit or units to which each is assigned.\n\nC. All convertible lands shall be deemed a part of the common elements except\nfor such portions thereof as are converted in accordance with the provisions of\nthis section. Until the expiration of the period during which conversion may\noccur or until actual conversion, whichever occurs first, the declarant alone\nshall be liable for real estate taxes assessed against the convertible land and\nany improvements thereon and all other expenses in connection with that real\nestate, and no other unit owner and no other portion of the condominium shall be\nsubject to a claim for payment of those taxes or expenses, and unless the\ndeclaration provides otherwise, any income or proceeds from the convertible land\nand any improvements thereon shall inure to the declarant. No such conversion\nshall occur after 10 years from the recordation of the declaration, or such\nshorter period of time as the declaration may specify.\n\nHISTORY: 1974, c. 416; 1975, c. 415; 1986, c. 324; 1991, c. 497; 1993, c. 45;\n2012, c. 520."}