A. As used in this section, "community association" shall mean a corporation incorporated under this chapter or under former Chapter 2 of this title which owns or has under its care, custody or control real estate subject to a recorded declaration of covenants which obligates a person, by virtue of ownership of specific real estate, to be a member of the corporation.
B. Notwithstanding the requirements of §§ 13.1-851, 13.1-852, 13.1-855, 13.1-856, 13.1-857, 13.1-858 and 13.1-862, the provisions set forth in those sections need not be set forth in the articles of incorporation of a community association and shall be effective if set forth in the bylaws.
C. Notwithstanding the provisions of §§ 13.1-855, 13.1-856, 13.1-892 and 13.1-899, the provisions of the bylaws of any community association in existence on or before January 1, 1986, shall continue to govern (i) the procedures for and election of members of the board of directors, (ii) the amendment of the bylaws, (iii) the sale, release, exchange or disposition of all or substantially all of the corporation's property, whether or not in the usual and regular course of business, and (iv) the corporation's ability to mortgage, pledge, or dedicate to repayment of indebtedness, or otherwise encumber its property; provided, that the community association may, in accordance with its current articles of incorporation and bylaws, vote to amend its corporate documents to become subject to §§ 13.1-855, 13.1-856, 13.1-892 and 13.1-899.
1986, c. 532.
Structure Code of Virginia
Chapter 10 - Virginia Nonstock Corporation Act
§ 13.1-802. Reservation of power to amend or repeal
§ 13.1-804. Filing requirements
§ 13.1-804.1. Filing with the Commission pursuant to reorganization
§ 13.1-805. Issuance of certificate by Commission; recordation of documents
§ 13.1-806. Effective time and date of document
§ 13.1-807. Correcting filed articles
§ 13.1-808. Evidentiary effect of copy of filed document
§ 13.1-809. Certificate of good standing
§ 13.1-810. Notices and other communications
§ 13.1-810.1. Number of members
§ 13.1-811. Penalty for signing false documents
§ 13.1-812. Unlawful to transact or offer to transact business as a corporation unless authorized
§ 13.1-813. Hearing and finality of Commission action; injunctions
§ 13.1-814. Shares of stock and dividends prohibited
§ 13.1-814.1. Special provisions for community associations
§ 13.1-815.1. Charter and entrance fees for corporations
§ 13.1-816. Fees for filing documents or issuing certificates
§ 13.1-819. Articles of incorporation
§ 13.1-820. Issuance of certificate of incorporation
§ 13.1-821. Liability for preincorporation transactions
§ 13.1-822. Organization of corporation
§ 13.1-833. Registered office and registered agent
§ 13.1-834. Change of registered office or registered agent
§ 13.1-835. Resignation of registered agent
§ 13.1-836. Service on corporation
§ 13.1-840. Court-ordered meeting
§ 13.1-841. Corporate action without meeting
§ 13.1-844.1. Conduct of the meeting
§ 13.1-844.2. Remote participation in annual and special meetings
§ 13.1-845. Members' list for meeting
§ 13.1-846. Voting entitlement of members
§ 13.1-847.1. Voting procedures and inspectors of elections
§ 13.1-848. Corporation's acceptance of votes
§ 13.1-849. Quorum and voting requirements for voting groups
§ 13.1-850. Action by single and multiple voting groups
§ 13.1-851. Change in quorum or voting requirements
§ 13.1-852. Voting for directors; cumulative voting
§ 13.1-852.1. Member or director agreements
§ 13.1-852.2. Voting agreements
§ 13.1-853. Requirement for and duties of board of directors
§ 13.1-854. Qualification of directors
§ 13.1-855. Number and election of directors
§ 13.1-856. Election of directors by certain classes of members
§ 13.1-857. Terms of directors generally
§ 13.1-858. Staggered terms of directors
§ 13.1-859. Resignation of directors
§ 13.1-860. Removal of directors
§ 13.1-861. Judicial review of elections
§ 13.1-862. Vacancy on board of directors
§ 13.1-863. Compensation of directors
§ 13.1-864. Meetings of the board of directors
§ 13.1-865. Action without meeting of board of directors
§ 13.1-866. Notice of board of directors' meetings
§ 13.1-867. Waiver of notice by director
§ 13.1-868. Quorum and voting by directors
§ 13.1-870. General standards of conduct for directors
§ 13.1-870.1. Limitation on liability of officers and directors; exception
§ 13.1-870.2. Limitation on liability of officers and directors; additional exception
§ 13.1-871. Director conflict of interests
§ 13.1-871.1. Business opportunities
§ 13.1-873. Duties of officers
§ 13.1-874. Resignation and removal of officers
§ 13.1-876. Authority to indemnify
§ 13.1-877. Mandatory indemnification
§ 13.1-878. Advance for expenses
§ 13.1-879.1. Court orders for advances, reimbursement or indemnification
§ 13.1-880. Determination and authorization of indemnification
§ 13.1-881. Indemnification of officers
§ 13.1-883. Application of article
§ 13.1-884. Authority to amend articles of incorporation
§ 13.1-885. Amendment of articles of incorporation by directors
§ 13.1-886. Amendment of articles of incorporation by directors and members
§ 13.1-887. Voting on amendments by voting groups
§ 13.1-887.1. Amendment prior to organization
§ 13.1-888. Articles of amendment
§ 13.1-889. Restated articles of incorporation
§ 13.1-891. Effect of amendment of articles of incorporation
§ 13.1-892. Amendment of bylaws by board of directors or members
§ 13.1-893. Bylaw provisions increasing quorum or voting requirements for directors
§ 13.1-895. Action on plan of merger
§ 13.1-896. Articles of merger
§ 13.1-897.1. Abandonment of a merger
§ 13.1-898.3. Action on plan of domestication by a domestic corporation
§ 13.1-898.4. Articles of domestication
§ 13.1-898.5. Surrender of articles of incorporation upon domestication
§ 13.1-898.6. Effect of domestication
§ 13.1-898.7. Abandonment of domestication
§ 13.1-899. Sale of assets in regular course of business
§ 13.1-900. Sale of assets other than in regular course of business
§ 13.1-901. Sale of certain real property by incorporated educational institutions
§ 13.1-902. Dissolution by directors and members
§ 13.1-903. Dissolution by directors
§ 13.1-904. Articles of dissolution
§ 13.1-905. Revocation of dissolution
§ 13.1-906. Effect of dissolution
§ 13.1-907. Distribution and plan of distribution of assets
§ 13.1-908. Known claims against dissolved corporation
§ 13.1-908.1. Other claims against dissolved corporation
§ 13.1-908.2. Court proceedings
§ 13.1-909. Grounds for judicial dissolution
§ 13.1-910. Receivership or custodianship
§ 13.1-911. Decree of dissolution
§ 13.1-912. Articles of termination of corporate existence
§ 13.1-913. Termination of corporate existence by incorporators or initial directors
§ 13.1-914. Automatic termination of corporate existence
§ 13.1-915. Involuntary termination of corporate existence
§ 13.1-916. Reinstatement of a corporation that has ceased to exist
§ 13.1-917. Survival of remedy after termination of corporate existence
§ 13.1-919. Authority to transact business required
§ 13.1-920. Consequences of transacting business without authority
§ 13.1-921. Application for certificate of authority
§ 13.1-922. Amended certificate of authority
§ 13.1-923. Effect of certificate of authority
§ 13.1-924. Corporate name of foreign corporation
§ 13.1-925. Registered office and registered agent of foreign corporation
§ 13.1-926. Change of registered office or registered agent of a foreign corporation
§ 13.1-927. Resignation of registered agent of foreign corporation
§ 13.1-928. Service of process on foreign corporation
§ 13.1-928.1. Merger of foreign corporation authorized to transact business in Commonwealth
§ 13.1-929. Withdrawal of foreign corporation
§ 13.1-930. Automatic revocation of certificate of authority
§ 13.1-931. Involuntary revocation of certificate of authority
§ 13.1-933. Inspection of records by members
§ 13.1-934. Scope of inspection right
§ 13.1-935. Court-ordered inspection
§ 13.1-935.1. Inspection of records by directors
§ 13.1-936. Annual report of domestic and foreign corporations
§ 13.1-936.2. Collection of unpaid bills for registration fees
§ 13.1-937. Application to existing corporations
§ 13.1-944.2. Entity conversion
§ 13.1-944.3. Plan of entity conversion
§ 13.1-944.4. Action on plan of entity conversion
§ 13.1-944.5. Articles of entity conversion
§ 13.1-944.6. Effect of entity conversion
§ 13.1-944.7. Abandonment of entity conversion