2006 Code of Virginia § 55-508 - Applicability

55-508. Applicability.

A. This chapter shall apply to developments subject to a declaration, asdefined herein, initially recorded after January 1, 1959, associationsincorporated or otherwise organized after such date, and all subdivisionscreated under the former Subdivided Land Sales Act ( 55-336 et seq.). Forthe purposes of this chapter, as used in the former Subdivided Land SalesAct, the terms:

"Covenants," "deed restrictions," or "other recorded instruments" forthe management, regulation and control of a development shall be deemed tocorrespond with the term "declaration";

"Developer" shall be deemed to correspond with the term "declarant";

"Lot" shall be deemed to correspond with the term "lot"; and

"Subdivision" shall be deemed to correspond with the term "development."

This chapter shall be deemed to supersede the Subdivided Land Sales Act, andno development shall be established under the latter on or after July 1,1998. This chapter shall not be construed to affect the validity of anyprovision of any declaration recorded prior to July 1, 1998; however, anydevelopment established prior to the enactment of the Subdivided Land SalesAct may specifically provide for the applicability of the provisions of thischapter.

This chapter shall not be construed to affect the validity of any provisionof any prior declaration; however, to the extent the declaration is silent,the provisions of this chapter shall apply. If any one lot in a developmentis subject to the provisions of this chapter, all lots in the developmentshall be subject to the provisions of this chapter notwithstanding the factthat such lots would otherwise be excluded from the provisions of thischapter. Notwithstanding any provisions of this chapter, a declaration mayspecifically provide for the applicability of the provisions of this chapter.The granting of rights in this chapter shall not be construed to imply thatsuch rights did not exist with respect to any development created in theCommonwealth before July 1, 1989.

B. This chapter shall not apply to the (i) provisions of documents of, (ii)operations of any association governing, or (iii) relationship of a member toany association governing condominiums created pursuant to the CondominiumAct ( 55-79.39 et seq.), cooperatives created pursuant to the Virginia RealEstate Cooperative Act ( 55-424 et seq.), time-shares created pursuant tothe Virginia Real Estate Time-Share Act ( 55-360 et seq.), or membershipcampgrounds created pursuant to the Virginia Membership Camping Act (59.1-311 et seq.). This chapter shall not apply to any nonstock, nonprofit,taxable corporation with nonmandatory membership which, as its primaryfunction, makes available golf, ski and other recreational facilities both toits members and the general public.

(1989, c. 679; 1991, c. 667; 1992, c. 677; 1998, cc. 32, 623; 2003, c. 422;2005, c. 668.)