2006 Code of Virginia § 55-79.58 - Contents of plats and plans

55-79.58. Contents of plats and plans.

A. There shall be recorded simultaneously with the declaration one or moreplats of survey showing the location and dimensions of the submitted land,the location and dimensions of any convertible lands within the submittedland, the location and dimensions of any existing improvements, the intendedlocation and dimensions of any contemplated improvements which are to belocated on any portion of the submitted land other than within the boundariesof any convertible lands, and, to the extent feasible, the location anddimensions of all easements appurtenant to the submitted land or otherwisesubmitted to this chapter as a part of the common elements. If the submittedland is not contiguous, then the plats shall indicate the distances betweenthe parcels constituting the submitted land. The plats shall label everyconvertible land as a convertible land, and if there is more than one suchland the plats shall label each such land with one or more letters and/ornumbers different from those designating any other convertible land anddifferent also from the identifying number of any unit. The plats shall showthe location and dimensions of any withdrawable lands, and shall label eachsuch land as a withdrawable land. The plats shall show the location anddimensions of any additional lands and shall label each such land as anadditional land. If, with respect to any portion or portions, but less thanall, of the submitted land, the unit owners are to own only an estate foryears, the plats shall show the location and dimensions of any such portions,and shall label each such portion as a leased land. If there is more than onewithdrawable land, or more than one leased land, the plats shall label eachsuch land with one or more letters and/or numbers different from thosedesignating any convertible land or other withdrawable or leased land, anddifferent also from the identifying number of any unit. The plats shall showall easements to which the submitted land or any portion thereof is subject,and shall show the location and dimensions of all such easements to theextent feasible. The plats shall also show all encroachments by or on anyportion of the condominium. In the case of any improvements located or to belocated on any portion of the submitted land other than within the boundariesof any convertible lands, the plats shall indicate which, if any, have notbeen begun by the use of the phrase "(NOT YET BEGUN)," and which, if any,have been begun but have not been substantially completed by the use of thephrase "(NOT YET COMPLETED)." In the case of any units the verticalboundaries of which lie wholly or partially outside of structures for whichplans pursuant to subsection B are simultaneously recorded, the plats shallshow the location and dimensions of such vertical boundaries to the extentthat they are not shown on such plans, and the units or portions thereof thusdepicted shall bear their identifying numbers. Each plat shall be certifiedin a recorded document as to its accuracy and compliance with the provisionsof this subsection by a licensed land surveyor, and the said surveyor shallcertify in such document or on the face of the plat that all units orportions thereof depicted thereon pursuant to the preceding sentence of thissubsection have been substantially completed. The specification within thissubsection of items that shall be shown on the plats shall not be construedto mean that the plats shall not also show all other items customarily shownor hereafter required for land title surveys.

B. There shall also be recorded, simultaneously with the declaration, plansof every structure which contains or constitutes all or part of any unit orunits, and which is located on any portion of the submitted land other thanwithin the boundaries of any convertible lands. The plans shall show thelocation and dimensions of the vertical boundaries of each unit to the extentthat such boundaries lie within or coincide with the boundaries of suchstructures, and the units or portions thereof thus depicted shall bear theiridentifying numbers. In addition, each convertible space thus depicted shallbe labelled a convertible space. The horizontal boundaries of each unithaving horizontal boundaries shall be identified on the plans with referenceto established datum. Unless the condominium instruments expressly provideotherwise, it shall be presumed that in the case of any unit not whollycontained within or constituting one or more such structures, the horizontalboundaries thus identified extend, in the case of each such unit, at the sameelevation with regard to any part of such unit, lying outside of suchstructures, subject to the following exception: In the case of any such unitwhich does not lie over any other unit other than basement units, it shall bepresumed that the lower horizontal boundary, if any, of that unit lies at thelevel of the ground with regard to any part of that unit lying outside ofsuch structures. The plans shall be certified on their face or in anotherrecorded document as to their accuracy and compliance with the provisions ofthis subsection by a licensed architect, licensed engineer or licensed landsurveyor, and the said architect, engineer or land surveyor shall certify onthe plans or in the recorded document that all units or portions thereofdepicted thereon have been substantially completed.

C. When converting all or any portion of any convertible land, or addingadditional land to an expandable condominium, the declarant shall record,with regard to any structures on the land being converted, or added, eitherplats of survey conforming to the requirements of subsection A and plansconforming to the requirements of subsection B, or certifications, conformingto the certification requirements of said subsections, of plats and planspreviously recorded pursuant to 55-79.59.

D. Notwithstanding the provisions of subsection A and B, a time-shareinterest in a unit which has been subjected to a time-share instrumentpursuant to 55-367 may be conveyed prior to substantial completion of thatunit if (i) a completion bond has been filed in compliance with subsection Bof 55-79.58:1 and remains in full force and effect until the unit iscertified as substantially complete in accordance with subsections A and Band (ii) the settlement agent or title insurance company insuring thetime-share estate in the unit certifies to the purchaser in writing, based oninformation provided by the Real Estate Board, that the bond has been filedwith the Real Estate Board.

E. When converting all or any portion of any convertible space into one ormore units and/or limited common elements, the declarant shall record, withregard to the structure or portion thereof constituting that convertiblespace, plans showing the location and dimensions of the vertical boundariesof each unit and/or limited common elements formed out of such space. Suchplans shall be certified as to their accuracy and compliance with theprovisions of this subsection by a licensed architect, licensed engineer orlicensed land surveyor.

F. For the purposes of subsections A, B, and C, all provisions andrequirements relating to units shall be deemed equally applicable to limitedcommon elements. The limited common elements shall be labeled as such, andeach limited common element depicted on the plats and plans shall bear theidentifying number or numbers of the unit or units to which it is assigned,if it has been assigned, unless the provisions of subsection (e) of 55-79.50 make such designations unnecessary.

(1974, c. 416; 1975, c. 415; 1984, c. 601; 1991, c. 497; 1999, c. 560.)