2006 Code of Virginia § 55-79.57 - Assignments of limited common elements; conversion to common element

55-79.57. Assignments of limited common elements; conversion to commonelement.

A. All assignments and reassignments of limited common elements shall bereflected by the condominium instruments. No limited common element shall beassigned or reassigned except in accordance with the provisions of thischapter. No amendment to any condominium instrument shall alter any rights orobligations with respect to any limited common elements without the consentof all unit owners adversely affected thereby as evidenced by their executionof such amendment, except to the extent that the condominium instrumentsexpressly provided otherwise prior to the first assignment of that limitedcommon element.

B. Unless expressly prohibited by the condominium instruments, a limitedcommon element may be reassigned or converted to a common element uponwritten application of the unit owners concerned to the principal officer ofthe unit owners' association, or to such other officer or officers as thecondominium instruments may specify. The officer or officers to whom suchapplication is duly made shall forthwith prepare and execute an amendment tothe declaration reassigning all rights and obligations with respect to thelimited common element involved. Such amendment shall be executed by the unitowner or unit owners of the unit or units concerned and recorded by anofficer of the unit owners' association or his agent following payment by theunit owner or unit owners of the unit or units concerned of all reasonablecosts for the preparation, acknowledgment and recordation thereof. Theamendment shall become effective when recorded.

C. A common element not previously assigned as a limited common element shallbe so assigned only in pursuance of subdivision (a) (6) of 55-79.54. Theamendment to the declaration making such an assignment shall be prepared andexecuted by the declarant, the principal officer of the unit owners'association, or by such other officer or officers as the condominiuminstruments may specify. Such amendment shall be recorded by the declarant orhis agent, without charge to any unit owner, or by an officer of the unitowners' association or his agent following payment by the unit owner or unitowners of the unit or units concerned of all reasonable costs for thepreparation, acknowledgment and recordation thereof. The amendment shallbecome effective when recorded, and the recordation thereof shall beconclusive evidence that the method prescribed pursuant to subdivision (a)(6) of 55-79.54 was adhered to. A copy of the amendment shall be deliveredto the unit owner or unit owners of the unit or units concerned. If executedby the declarant, such an amendment recorded prior to July 1, 1983, shall notbe invalid because it was not prepared by an officer of the unit owners'association.

D. If the declarant does not prepare and record an amendment to thedeclaration to effect the assignment of common elements as limited commonelements in accordance with rights reserved in the condominium instruments,but has reflected an intention to make such assignments in deeds conveyingunits, then the principal officer of the unit owners' association mayprepare, execute and record such an amendment at any time after the declarantceases to be a unit owner.

E. The declarant may unilaterally record an amendment to the declarationconverting a limited common element appurtenant to a unit owned by thedeclarant into a common element as long as the declarant continues to own theunit.

(1974, c. 416; 1983, c. 230; 1991, c. 497; 1998, c. 32.)