55-492 - Effect of violation on rights of action; attorney's fees; arbitration of disputes.
§ 55-492. Effect of violation on rights of action; attorney's fees;arbitration of disputes.
A. If a declarant or any other person subject to this chapter fails to complywith any provision hereof or any provision of the declaration of bylaws, anyperson or class of persons adversely affected by the failure to comply has aclaim for appropriate relief. Punitive damages may be awarded for a willfulfailure to comply with this chapter. The court, in an appropriate case, mayaward reasonable attorney's fees.
B. A declaration may provide for the arbitration of disputes or other meansof alternative dispute resolution. Any such arbitration held in accordancewith this subsection shall be consistent with the provisions of this chapterand Chapter 21 (§ 8.01-577 et seq.) of Title 8.01. The place of any sucharbitration or alternative dispute resolution shall be held in the county orcity in which the development is located or as mutually agreed by the parties.
(1982, c. 277; 1993, c. 849.)