2006 Code of Virginia § 55-79.79 - Upkeep of condominiums; warranty against structural defects; statute of limitations for warrant...

55-79.79. Upkeep of condominiums; warranty against structural defects;statute of limitations for warranty.

A. Except to the extent otherwise provided by the condominium instruments,all powers and responsibilities, including financial responsibility, withregard to maintenance, repair, renovation, restoration, and replacement ofthe condominium shall belong (i) to the unit owners' association in the caseof the common elements, and (ii) to the individual unit owner in the case ofany unit or any part thereof, except to the extent that the need for repairs,renovation, restoration or replacement arises from a condition originating inor through the common elements or any apparatus located within the commonelements, in which case the unit owners' association shall have such powersand responsibilities. Each unit owner shall afford to the other unit ownersand to the unit owners' association and to any agents or employees of eithersuch access through his unit as may be reasonably necessary to enable them toexercise and discharge their respective powers and responsibilities. But tothe extent that damage is inflicted on the common elements or any unitthrough which access is taken, the unit owner causing the same, or the unitowners' association if it caused the same, shall be liable for the promptrepair thereof.

B. Notwithstanding anything in this section to the contrary, the declarantshall warrant or guarantee, against structural defects, each of the units fortwo years from the date each is conveyed, and all of the common elements fortwo years. In the case of each unit the declarant shall also warrant that theunit is fit for habitation and constructed in a workmanlike manner so as topass without objection in the trade. The two years referred to in thissubsection shall begin as to each of the common elements whenever the samehas been completed or, if later, (i) as to any common element within anyadditional land or portion thereof, at the time the first unit therein isconveyed, (ii) as to any common element within any convertible land orportion thereof, at the time the first unit therein is conveyed, and (iii) asto any common element within any other portion of the condominium, at thetime the first unit therein is conveyed. For the purposes of this subsection,no unit shall be deemed conveyed unless conveyed to a bona fide purchaser.Any conveyance of a condominium unit transfers to the purchaser all of thedeclarant's warranties against structural defects imposed by this subsection.For the purposes of this subsection, structural defects shall be thosedefects in components constituting any unit or common element which reducethe stability or safety of the structure below accepted standards or restrictthe normal intended use of all or part of the structure and which requirerepair, renovation, restoration, or replacement. Nothing in this subsectionshall be construed to make the declarant responsible for any items ofmaintenance relating to the units or common elements.

C. (See Editor's note) An action for breach of any warranty prescribed bythis section shall be commenced within five years after the date suchwarranty period began. However, no such action shall be maintained againstthe declarant unless a written statement by the claimant or his agent,attorney or representative, of the nature of the alleged defect has been sentto the declarant, by registered or certified mail, at his last known address,as reflected in the records of the Real Estate Board, more than six monthsprior to the commencement of the action giving the declarant an opportunityto cure the alleged defect within a reasonable time. Sending the noticerequired by this subsection shall toll the statute of limitations forcommencing a breach of warranty action for a period not to exceed six months.

(1974, c. 416; 1975, c. 415; 1980, c. 386; 1982, c. 545; 1984, c. 347; 1987,c. 395; 2006, c. 646.)