55-528 - Definitions.
§ 55-528. Definitions.
As used in this chapter, unless the context requires a different meaning:
"Association" includes condominium, cooperative, or property owners'associations.
"Balance of the fund" means cash, securities that are legal investments forfiduciaries under the provisions of subdivisions (1), (2), and (4) of §26-40, and repurchase agreements secured by obligations of the United Statesgovernment or any agency thereof, and shall not mean accounts receivable,judgments, notes, accrued interest, or other obligations to the fund.
"Board" means the Common Interest Community Board.
"Claimant" means upon proper application to the Director, a receiver for acommon interest community manager appointed pursuant to § 54.1-2353 in thosecases in which there are not sufficient funds to restore all funds that wereor ought to have been held in a fiduciary capacity by the subject commoninterest community manager or to pay an award of reasonable fees, costs, andexpenses to the receiver.
"Common interest community" means real estate located within theCommonwealth subject to a declaration which contains lots, at least some ofwhich are residential or occupied for recreational purposes, and common areasto which a person, by virtue of his ownership of a lot, is a member of anassociation and is obligated to pay assessments provided for in a declaration.
"Declaration" means any instrument, however denominated, recorded among theland records of the county or city in which the development or any partthereof is located, that either (i) imposes on the association maintenance oroperational responsibilities for the common area as a regular annualassessment or (ii) creates the authority in the association to impose onlots, or on the owners or occupants of such lots, or on any other entity anymandatory payment of money as a regular annual assessment in connection withthe provision of maintenance or services or both for the benefit of some orall of the lots, the owners or occupants of the lots, or the common area."Declaration" includes any amendment or supplement to the instrumentsdescribed in this definition.
"Director" means the Director of the Department of Professional andOccupational Regulation.
"Governing board" means the governing board of an association, includingthe executive organ of a condominium unit owners' association, the executiveboard of a cooperative proprietary lessees' association, and the board ofdirectors of a property owners' association.
"Lot" means (i) any plot or parcel of land designated for separateownership or occupancy shown on a recorded subdivision plat for a developmentor the boundaries of which are described in the declaration or in a recordedinstrument referred to or expressly contemplated by the declaration, otherthan a common area, and (ii) a unit in a condominium association or a unit ina real estate cooperative.
(1993, c. 958; 2008, cc. 851, 871.)