Expansion of Declarant Control Period and Warranty Review Committee

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Pursuant to amendments to Sections 55-79.74 and 55-79.79 of the Virginia Condominium Act, the declarant control period may be extended for up to 15 years from the earlier of settlement of the first unit or after conveyance of 75 percent of undivided percentage interests. For an extension to be valid, two-thirds of the unit owners other than the declarant must approve the extension at a special meeting that is held before the initial declarant control period expires. As part of the extension, a warranty review committee must be elected consisting of at least three persons unaffiliated with the declarant who act on behalf of the association to assert and settle common element warranty claims. The new law also requires the declarant to deliver certain materials to the warranty review committee within 45 days of its formation, including plans and specifications, insurance policies, and any unexpired warranties.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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