2006 Code of Virginia § 55-79.70 - Subdivision of units

55-79.70. Subdivision of units.

A. If the condominium instruments expressly permit the subdivision of anyunits, then such units may be subdivided in accordance with (i) theprovisions of this section and (ii) any restrictions and limitations nototherwise unlawful which the condominium instruments may specify. No unitshall be subdivided unless the condominium instruments expressly permit it.

B. If the unit owner of any unit which may be subdivided desires to subdividesuch unit, then the principal officer of the unit owners' association, orsuch other officer or officers as the condominium instruments may specify,shall, upon written application of the subdivider, as such unit owner shallhenceforth be referred to in this section, forthwith prepare and executeappropriate instruments pursuant to subsections C, D and E.

C. An amendment to the declaration shall assign new identifying numbers tothe new units created by the subdivision of a unit and shall allocate tothose units, on a reasonable basis acceptable to the subdivider, all of theundivided interest in the common elements appertaining to the subdividedunit. The new units shall jointly share all rights, and shall be equallyliable jointly and severally for all obligations, with regard to any limitedcommon elements assigned to the subdivided unit except to the extent that thesubdivider may have specified in his written application that all or anyportions of any limited common element assigned to the subdivided unitexclusively should be assigned to one or more, but less than all of the newunits, in which case the amendment to the declaration shall reflect thedesires of the subdivider as expressed in such written application.

D. An amendment to the bylaws shall allocate to the new units, on areasonable basis acceptable to the subdivider, the votes in the unit owners'association allocated to the subdivided unit, and shall reflect aproportionate allocation to the new units of the liability for commonexpenses formerly appertaining to the subdivided unit.

E. Such plats and plans as may be necessary to show the boundaries separatingthe new units together with their other boundaries shall be prepared, and thenew units depicted thereon shall bear their new identifying numbers. Suchplats and plans shall indicate the dimensions of the new units, and thehorizontal boundaries thereof, if any, shall be identified thereon withreference to established datum. Such plats and plans shall be certified as totheir accuracy and compliance with the provisions of this subsection (i) by alicensed land surveyor in the case of any plat and (ii) by a licensedarchitect, licensed engineer or licensed land surveyor in the case of anyplan.

F. When appropriate instruments in accordance with the preceding subsectionshereof have been prepared, executed, and acknowledged, they shall be recordedby an officer of the unit owners' association following payment by thesubdivider of all reasonable costs for the preparation, acknowledgment andrecordation thereof. Said instruments shall become effective when executed bythe subdivider and recorded, and the recordation thereof shall be conclusiveevidence that the subdivision thus effectuated did not violate anyrestrictions or limitations specified by the condominium instruments and thatany reallocations made pursuant to subsections C and D were reasonable.

G. Notwithstanding the definition of "unit" found in 55-79.41 and theprovisions of subsection (d) of 55-79.62, this section shall have noapplication to convertible spaces, and no such space shall be deemed a unitfor the purposes of this section. However, this section shall apply to anyunits formed by the conversion of all or any portion of any such space, andany such unit shall be deemed a unit for the purposes of this section.

(1974, c. 416; 1991, c. 497.)