2006 Code of Virginia § 55-516.2 - Condemnation of common area; procedure

55-516.2. Condemnation of common area; procedure.

When any portion of the common area is taken or damaged under the power ofeminent domain, any award or payment therefor shall be paid to theassociation, which shall be a party in interest in the condemnationproceeding.

Except to the extent the declaration or any rules and regulations dulyadopted pursuant thereto otherwise provide, the board of directors shall havethe authority to negotiate with the condemning authority, agree to an awardor payment amount with the condemning authority without institutingcondemnation proceedings and, upon such agreement, convey the subject commonarea to the condemning authority. Thereafter, the president of theassociation may unilaterally execute and record the deed of conveyance to thecondemning authority.

A member of the association, by virtue of his membership, shall be estoppedfrom contesting the action of the association in any proceeding held pursuantto this section.

(1995, c. 377; 1998, c. 32.)