Virginia Code 55.1-1973: Rental of units
A. Except as expressly authorized in this chapter or in the condominium instruments or as otherwise provided by law, no unit owners’ association shall:
Terms Used In Virginia Code 55.1-1973
- Condominium: means real property, and any incidents to or interests in such real property, lawfully subject to this chapter by the recordation of condominium instruments pursuant to the provisions of this chapter. See Virginia Code 55.1-1900
- Condominium instruments: means , collectively, the declaration, bylaws, and plats and plans recorded pursuant to the provisions of this chapter. See Virginia Code 55.1-1900
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Person: means a natural person, corporation, partnership, association, trust, or other entity capable of holding title to real property, or any combination thereof. See Virginia Code 55.1-1900
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Unit: means a portion of the condominium designed and intended for individual ownership and use. See Virginia Code 55.1-1900
- Unit owner: includes any purchaser of a condominium unit at a foreclosure sale, regardless of whether the deed is recorded in the land records where the unit is located. See Virginia Code 55.1-1900
1. Condition or prohibit the rental of a unit to a tenant by a unit owner or make an assessment or impose a charge except as provided in § 55.1-1904;
2. Charge a rental fee, application fee, or other processing fee of any kind in excess of $50 during the term of any lease;
3. Charge an annual or monthly rental fee or any other fee not expressly authorized in § 55.1-1904;
4. Require the unit owner to use a lease or an addendum to the lease prepared by the unit owners’ association;
5. Charge any deposit from the unit owner or the tenant of the unit owner;
6. Have the authority to evict a tenant of any unit owner or to require any unit owner to execute a power of attorney authorizing the unit owners’ association to so evict; or
7. Refuse to recognize a person designated by the unit owner as the unit owner’s authorized representative under the provisions of § 55.1-1962. Notwithstanding any other provision of this subdivision, the requirements of § 55.1-1953 and the condominium instruments shall be satisfied before any such representative may exercise a vote on behalf of a unit owner as a proxy.
B. The unit owners’ association may require the unit owner to provide the unit owners’ association with the names and contact information of the tenants and authorized occupants under such lease and of any authorized agent of the unit owner and vehicle information for such tenants or authorized occupants. The unit owners’ association may require the unit owner to provide the unit owners’ association with the tenant’s acknowledgment of and consent to any rules and regulations of the unit owners’ association.
C. The provisions of this section shall not apply to units owned by the unit owners’ association.
2015, c. 277, § 55-79.87:1; 2016, c. 471; 2019, c. 712; 2022, cc. 65, 66.