CODE OF VIRGINIA

GENERAL POWERS AND DUTIES OF THE COMMON INTEREST COMMUNITY BOARD (§ 55-79.98)

A. The agency shall prescribe reasonable rules and regulations which shall be
adopted, amended or repealed in compliance with law applicable to the
administrative procedure of agencies of government. The rules and regulations
shall include but not be limited to provisions for advertising standards to
assure full and fair disclosure; provisions for operating procedures; and other
rules and regulations as are necessary and proper to accomplish the purpose of
this chapter.

B. The agency by rule or by an order, after reasonable notice and hearing, may
require the filing of advertising material relating to condominiums prior to its
distribution.

C. If it appears that a person has engaged or is about to engage in an act or
practice constituting a violation of a provision of this chapter, or a rule or
order hereunder, the agency, with or without prior administrative proceedings
may bring an action in the circuit court of the city or county in which any
portion of the condominium is located to enjoin the acts or practices and to
enforce compliance with this chapter or any rule or order hereunder. Upon proper
showing, injunctive relief of temporary restraining orders shall be granted. The
agency is not required to post a bond in any court proceedings or prove that any
other adequate remedy at law exists.

D. With respect to any lawful process served upon the agency pursuant to the
appointment made in accordance with subdivision A 1 of § 55-79.89, the agency
shall forthwith cause the same to be sent by registered or certified mail to any
of the principals, officers, directors, partners, or trustees of the declarant
listed in the application for registration at the last address listed in such
application or any annual report.

E. The agency may intervene in any suit involving the declarant. In any suit by
or against a declarant involving a condominium, the declarant shall promptly
furnish the agency notice of the suit and copies of all pleadings.

F. The agency may:

   1.  Accept registrations filed in other states or with the federal government;

   2.  Contract with similar agencies in this Commonwealth or other jurisdictions
   to perform investigative functions;

   3.  Accept grants in aid from any governmental source.

G. The agency shall cooperate with similar agencies in other jurisdictions to
establish uniform filing procedures and forms, uniform public offering
statements, advertising standards, rules and common administrative practices.

HISTORY: 1974, c. 416; 1981, c. 480; 2011, c. 605.