{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/55.1-1836.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/55.1-1836.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/55.1-1836.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/55.1-1836.html"}],"law_id":369401,"edition_id":2,"section_id":369401,"structure_id":52633,"section_number":"55.1-1836","catch_line":"Condemnation of common area; procedure","history":"1995, c. 377, \u00a7 55-516.2; 1998, c. 32; 2016, c. 719; 2019, c. 712.","full_text":"When any portion of the common area is taken or damaged under the power of eminent domain, any award or payment for such portion shall be paid to the association, which shall be a party in interest in the condemnation proceeding. The common area that is affected shall be valued on the basis of the common area&#8217;s highest and best use as though it were free from restriction to sole use as a common area.\n\nExcept to the extent that the declaration or any rules and regulations duly adopted pursuant to such declaration otherwise provide, the board of directors shall have the authority to negotiate with the condemning authority, agree to an award or payment amount with the condemning authority without instituting condemnation proceedings, and, upon such agreement, convey the subject common area to the condemning authority. Thereafter, the president of the association may unilaterally execute and record the deed of conveyance to the condemning authority.\n\nA member of the association, by virtue of his membership, shall be estopped from contesting the action of the association in any proceeding held pursuant to this section.\n\n","order_by":null,"text":{"0":{"id":1377744,"text":"When any portion of the common area is taken or damaged under the power of eminent domain, any award or payment for such portion shall be paid to the association, which shall be a party in interest in the condemnation proceeding. The common area that is affected shall be valued on the basis of the common area&#8217;s highest and best use as though it were free from restriction to sole use as a common area.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":""},"1":{"id":1377745,"text":"Except to the extent that the declaration or any rules and regulations duly adopted pursuant to such declaration otherwise provide, the board of directors shall have the authority to negotiate with the condemning authority, agree to an award or payment amount with the condemning authority without instituting condemnation proceedings, and, upon such agreement, convey the subject common area to the condemning authority. Thereafter, the president of the association may unilaterally execute and record the deed of conveyance to the condemning authority.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"2":{"id":1377746,"text":"A member of the association, by virtue of his membership, shall be estopped from contesting the action of the association in any proceeding held pursuant to this section.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":""}},"ancestry":[{"id":52633,"edition_id":2,"name":"Operation and Management of Association","identifier":"3","label":"article","depth":4,"order_by":3,"parent_id":52630,"metadata":{"child_laws":26,"child_structures":0},"date_created":"2026-08-02 03:02:00","date_modified":"2026-08-02 12:35:28","permalink":{"id":1473519,"object_type":"structure","relational_id":52633,"identifier":"3","token":"55.1\/IV\/18\/3","url":"\/55.1\/IV\/18\/3\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52630,"edition_id":2,"name":"Property Owners' Association Act","identifier":"18","label":"chapter","depth":3,"order_by":1,"parent_id":52629,"metadata":{"child_laws":35,"child_structures":3},"date_created":"2026-08-02 03:01:58","date_modified":"2026-08-02 12:35:28","permalink":{"id":1473477,"object_type":"structure","relational_id":52630,"identifier":"18","token":"55.1\/IV\/18","url":"\/55.1\/IV\/18\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52629,"edition_id":2,"name":"Common Interest Communities","identifier":"IV","label":"subtitle","depth":2,"order_by":4,"parent_id":52600,"metadata":{"child_laws":309,"child_structures":30},"date_created":"2026-08-02 03:01:58","date_modified":"2026-08-02 12:35:28","permalink":{"id":1473475,"object_type":"structure","relational_id":52629,"identifier":"IV","token":"55.1\/IV","url":"\/55.1\/IV\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52600,"edition_id":2,"name":"Property and Conveyances","identifier":"55.1","label":"title","depth":1,"order_by":120,"parent_id":null,"metadata":{"child_laws":875,"child_structures":101},"date_created":"2026-08-02 03:01:36","date_modified":"2026-08-02 12:35:20","permalink":{"id":1471771,"object_type":"structure","relational_id":52600,"identifier":"55.1","token":"55.1","url":"\/55.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":369377,"structure_id":52633,"section_number":"55.1-1815","catch_line":"Access to association records; association meetings; notice","url":"\/55.1-1815\/","token":"55.1\/IV\/18\/3\/55.1-1815","metadata":false},{"id":369378,"structure_id":52633,"section_number":"55.1-1816","catch_line":"Meetings of the board of directors","url":"\/55.1-1816\/","token":"55.1\/IV\/18\/3\/55.1-1816","metadata":false},{"id":369379,"structure_id":52633,"section_number":"55.1-1817","catch_line":"Distribution of information by members","url":"\/55.1-1817\/","token":"55.1\/IV\/18\/3\/55.1-1817","metadata":false},{"id":369380,"structure_id":52633,"section_number":"55.1-1818","catch_line":"Common areas; notice of pesticide application","url":"\/55.1-1818\/","token":"55.1\/IV\/18\/3\/55.1-1818","metadata":false},{"id":369382,"structure_id":52633,"section_number":"55.1-1819","catch_line":"Adoption and enforcement of rules","url":"\/55.1-1819\/","token":"55.1\/IV\/18\/3\/55.1-1819","metadata":false},{"id":369381,"structure_id":52633,"section_number":"55.1-1819.1","catch_line":"Limitation of smoking in development","url":"\/55.1-1819.1\/","token":"55.1\/IV\/18\/3\/55.1-1819.1","metadata":false},{"id":369384,"structure_id":52633,"section_number":"55.1-1820","catch_line":"Display of the flag of the United States; necessary supporting structures; affirmative defense","url":"\/55.1-1820\/","token":"55.1\/IV\/18\/3\/55.1-1820","metadata":false},{"id":369383,"structure_id":52633,"section_number":"55.1-1820.1","catch_line":"Installation of solar energy collection devices","url":"\/55.1-1820.1\/","token":"55.1\/IV\/18\/3\/55.1-1820.1","metadata":false},{"id":369385,"structure_id":52633,"section_number":"55.1-1821","catch_line":"Home-based businesses permitted; compliance with local ordinances","url":"\/55.1-1821\/","token":"55.1\/IV\/18\/3\/55.1-1821","metadata":false},{"id":369386,"structure_id":52633,"section_number":"55.1-1822","catch_line":"Use of for sale signs in connection with sale","url":"\/55.1-1822\/","token":"55.1\/IV\/18\/3\/55.1-1822","metadata":false},{"id":369388,"structure_id":52633,"section_number":"55.1-1823","catch_line":"Designation of authorized representative","url":"\/55.1-1823\/","token":"55.1\/IV\/18\/3\/55.1-1823","metadata":false},{"id":369387,"structure_id":52633,"section_number":"55.1-1823.1","catch_line":"Electric vehicle charging stations permitted","url":"\/55.1-1823.1\/","token":"55.1\/IV\/18\/3\/55.1-1823.1","metadata":false},{"id":369389,"structure_id":52633,"section_number":"55.1-1824","catch_line":"Assessments; late fees","url":"\/55.1-1824\/","token":"55.1\/IV\/18\/3\/55.1-1824","metadata":false},{"id":369390,"structure_id":52633,"section_number":"55.1-1825","catch_line":"Authority to levy additional assessments; authority to borrow","url":"\/55.1-1825\/","token":"55.1\/IV\/18\/3\/55.1-1825","metadata":false},{"id":369391,"structure_id":52633,"section_number":"55.1-1826","catch_line":"Annual budget; reserve study; reserves for capital components","url":"\/55.1-1826\/","token":"55.1\/IV\/18\/3\/55.1-1826","metadata":false},{"id":369392,"structure_id":52633,"section_number":"55.1-1827","catch_line":"Deposit of funds; fidelity bond","url":"\/55.1-1827\/","token":"55.1\/IV\/18\/3\/55.1-1827","metadata":false},{"id":369393,"structure_id":52633,"section_number":"55.1-1828","catch_line":"Compliance with declaration","url":"\/55.1-1828\/","token":"55.1\/IV\/18\/3\/55.1-1828","metadata":false},{"id":369394,"structure_id":52633,"section_number":"55.1-1829","catch_line":"Amendment to declaration and bylaws; consent of mortgagee","url":"\/55.1-1829\/","token":"55.1\/IV\/18\/3\/55.1-1829","metadata":false},{"id":369395,"structure_id":52633,"section_number":"55.1-1830","catch_line":"Validity of declaration; corrective amendments","url":"\/55.1-1830\/","token":"55.1\/IV\/18\/3\/55.1-1830","metadata":false},{"id":369396,"structure_id":52633,"section_number":"55.1-1831","catch_line":"Reformation of declaration; judicial procedure","url":"\/55.1-1831\/","token":"55.1\/IV\/18\/3\/55.1-1831","metadata":false},{"id":369397,"structure_id":52633,"section_number":"55.1-1832","catch_line":"Use of technology","url":"\/55.1-1832\/","token":"55.1\/IV\/18\/3\/55.1-1832","metadata":false},{"id":369398,"structure_id":52633,"section_number":"55.1-1833","catch_line":"Lien for assessments; foreclosure","url":"\/55.1-1833\/","token":"55.1\/IV\/18\/3\/55.1-1833","metadata":false},{"id":369399,"structure_id":52633,"section_number":"55.1-1834","catch_line":"Notice of sale under deed of trust","url":"\/55.1-1834\/","token":"55.1\/IV\/18\/3\/55.1-1834","metadata":false},{"id":369400,"structure_id":52633,"section_number":"55.1-1835","catch_line":"Annual report by association","url":"\/55.1-1835\/","token":"55.1\/IV\/18\/3\/55.1-1835","metadata":false},{"id":369401,"structure_id":52633,"section_number":"55.1-1836","catch_line":"Condemnation of common area; procedure","url":"\/55.1-1836\/","token":"55.1\/IV\/18\/3\/55.1-1836","metadata":false},{"id":369402,"structure_id":52633,"section_number":"55.1-1837","catch_line":"Termination and duration of certain management contracts","url":"\/55.1-1837\/","token":"55.1\/IV\/18\/3\/55.1-1837","metadata":false}],"previous_section":{"id":369400,"structure_id":52633,"section_number":"55.1-1835","catch_line":"Annual report by association","url":"\/55.1-1835\/","token":"55.1\/IV\/18\/3\/55.1-1835","metadata":false},"next_section":{"id":369402,"structure_id":52633,"section_number":"55.1-1837","catch_line":"Termination and duration of certain management contracts","url":"\/55.1-1837\/","token":"55.1\/IV\/18\/3\/55.1-1837","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-1836\/","history_text":"<p>This law was first created in 1995. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?951+ful+CHAP0377\">377<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1998, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?981+ful+CHAP0032\">32<\/a>; in 2016, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?161+ful+CHAP0719\">719<\/a>; in 2019, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?191+ful+CHAP0712\">712<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":1473617,"object_type":"law","relational_id":369401,"identifier":"55.1-1836","token":"55.1\/IV\/18\/3\/55.1-1836","url":"\/55.1-1836\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/55.1-1836\/","token":"55.1\/IV\/18\/3\/55.1-1836","dublin_core":{"Title":"Condemnation of common area; procedure","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-1836","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>When any portion of the <span class=\"dictionary\">common area<\/span> is taken or damaged under the power of eminent domain, any award or payment for such portion shall be paid to the <span class=\"dictionary\">association<\/span>, which shall be a <span class=\"dictionary\">party in interest<\/span> in the condemnation proceeding. The <span class=\"dictionary\">common area<\/span> that is affected shall be valued on the basis of the <span class=\"dictionary\">common area<\/span>&#8217;s highest and best use as though it were free from restriction to sole use as a <span class=\"dictionary\">common area<\/span>.<\/p><p>Except to the extent that the <span class=\"dictionary\">declaration<\/span> or any rules and regulations duly adopted pursuant to such <span class=\"dictionary\">declaration<\/span> otherwise provide, the <span class=\"dictionary\">board of directors<\/span> shall have the authority to negotiate with the condemning authority, agree to an award or payment amount with the condemning authority without instituting condemnation proceedings, and, upon such agreement, convey the subject <span class=\"dictionary\">common area<\/span> to the condemning authority. Thereafter, the president of the <span class=\"dictionary\">association<\/span> may unilaterally execute and record the deed of conveyance to the condemning authority.<\/p><p>A member of the <span class=\"dictionary\">association<\/span>, by virtue of his membership, shall be estopped from contesting the action of the <span class=\"dictionary\">association<\/span> in any proceeding held pursuant to this section.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nCONDEMNATION OF COMMON AREA; PROCEDURE (\u00a7 55.1-1836)\n\nWhen any portion of the common area is taken or damaged under the power of\neminent domain, any award or payment for such portion shall be paid to the\nassociation, which shall be a party in interest in the condemnation proceeding.\nThe common area that is affected shall be valued on the basis of the common\narea&#8217;s highest and best use as though it were free from restriction to\nsole use as a common area.\n\nExcept to the extent that the declaration or any rules and regulations duly\nadopted pursuant to such declaration otherwise provide, the board of directors\nshall have the authority to negotiate with the condemning authority, agree to an\naward or payment amount with the condemning authority without instituting\ncondemnation proceedings, and, upon such agreement, convey the subject common\narea to the condemning authority. Thereafter, the president of the association\nmay unilaterally execute and record the deed of conveyance to the condemning\nauthority.\n\nA member of the association, by virtue of his membership, shall be estopped from\ncontesting the action of the association in any proceeding held pursuant to this\nsection.\n\nHISTORY: 1995, c. 377, \u00a7 55-516.2; 1998, c. 32; 2016, c. 719; 2019, c. 712.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}