A. Unless the condominium instruments otherwise provide or as specified in subsection H of § 55.1-1953, a quorum shall be deemed to be present throughout any meeting of the unit owners' association until adjourned if persons entitled to cast more than one-third of the votes are present at the beginning of such meeting. The bylaws may provide for a larger percentage, or for a smaller percentage not less than 10 percent.
B. Unless the condominium instruments specify a larger majority, a quorum shall be deemed to be present throughout any meeting of the executive board if persons entitled to cast one-half of the votes in that body are present at the beginning of such meeting.
C. On petition of the unit owners' association or any unit owner entitled to vote, the circuit court of the county or city in which the condominium or the greater part of such condominium is located may order an annual meeting of the unit owners' association be held for the purpose of the election of members of the executive board, provided that:
1. No annual meeting as required by § 55.1-1949 has been held due to the failure to obtain a quorum of unit owners as specified in the condominium instruments; and
2. The unit owners' association has made good faith attempts to convene a duly called annual meeting of the unit owners' association in three successive years, which attempts have proven unsuccessful due to the failure to obtain a quorum.
The court may set the quorum for the meeting and enter other orders necessary to convene the meeting.
A unit owner filing a petition under this subsection shall provide a copy of the petition to the executive board at least 10 business days prior to filing.
1974, c. 416, § 55-79.76; 2003, c. 413; 2015, cc. 214, 430; 2019, c. 712; 2021, Sp. Sess. I, cc. 9, 494.
Structure Code of Virginia
Title 55.1 - Property and Conveyances
Chapter 19 - Virginia Condominium Act
§ 55.1-1901. Application and construction of chapter
§ 55.1-1902. Variation by agreement
§ 55.1-1903. Separate assessments, titles, and taxation
§ 55.1-1904. Association charges
§ 55.1-1907. How condominium may be created
§ 55.1-1909. Description of condominium units
§ 55.1-1910. Execution of condominium instruments
§ 55.1-1911. Recordation of condominium instruments
§ 55.1-1912. Construction of condominium instruments
§ 55.1-1913. Complementarity of condominium instruments; controlling construction
§ 55.1-1914. Validity of condominium instruments; discrimination prohibited
§ 55.1-1915. Compliance with condominium instruments
§ 55.1-1916. Contents of declaration
§ 55.1-1917. Allocation of interests in the common elements
§ 55.1-1918. Reallocation of interests in common elements
§ 55.1-1919. Assignments of limited common elements; conversion to common element
§ 55.1-1920. Contents of plats and plans
§ 55.1-1921. Bond to insure completion of improvements
§ 55.1-1922. Preliminary recordation of plats and plans
§ 55.1-1923. Easement for encroachments
§ 55.1-1924. Conversion of convertible lands
§ 55.1-1925. Conversion of convertible spaces
§ 55.1-1926. Expansion of condominium
§ 55.1-1927. Contraction of condominium
§ 55.1-1928. Easement to facilitate conversion and expansion
§ 55.1-1929. Easement to facilitate sales
§ 55.1-1930. Declarant's obligation to complete and restore
§ 55.1-1931. Alterations within units
§ 55.1-1932. Relocation of boundaries between units
§ 55.1-1933. Subdivision of units
§ 55.1-1934. Amendment of condominium instruments
§ 55.1-1935. Use of technology
§ 55.1-1936. Merger or consolidation of condominiums; procedure
§ 55.1-1937. Termination of condominium
§ 55.1-1938. Rights of mortgagees
§ 55.1-1939. Statement of unit owner rights
§ 55.1-1941. Amendment to condominium instruments; consent of mortgagee
§ 55.1-1942. Reformation of declaration; judicial procedure
§ 55.1-1943. Control of condominium by declarant
§ 55.1-1945. Books, minutes, and records; inspection
§ 55.1-1946. Management office
§ 55.1-1947. Transfer of special declarant rights
§ 55.1-1948. Declarants not succeeding to special declarant rights
§ 55.1-1949. Meetings of unit owners' association and executive board
§ 55.1-1950. Distribution of information by members
§ 55.1-1951.1. Installation of solar energy collection devices
§ 55.1-1952. Meetings of unit owners' association and executive board; quorums
§ 55.1-1956. Control of common elements
§ 55.1-1957. Common elements; notice of pesticide application
§ 55.1-1958. Tort and contract liability; judgment lien
§ 55.1-1960. Limitation of occupancy of a unit
§ 55.1-1960.1. Limitation of smoking in condominium
§ 55.1-1961. Use of for sale sign in connection with resale
§ 55.1-1962. Designation of authorized representative
§ 55.1-1962.1. Electric vehicle charging stations permitted
§ 55.1-1964. Liability for common expenses; late fees
§ 55.1-1965. Annual budget; reserves for capital components
§ 55.1-1966. Lien for assessments
§ 55.1-1967. Notice of sale under deed of trust
§ 55.1-1968. Bond to be posted by declarant
§ 55.1-1969. Restraints on alienation
§ 55.1-1970. Common Interest Community Board
§ 55.1-1971. General powers and duties of the Common Interest Community Board
§ 55.1-1972. Exemptions from certain provisions of article
§ 55.1-1974. Limitations on dispositions of units
§ 55.1-1975. Application for registration; fee
§ 55.1-1976. Public offering statement; condominium securities
§ 55.1-1977. Inquiry and examination
§ 55.1-1978. Notice of filing and registration
§ 55.1-1979. Annual report by declarant
§ 55.1-1980. Annual report by unit owners' association
§ 55.1-1981. Termination of registration
§ 55.1-1982. Conversion condominiums; special provisions
§ 55.1-1983. Escrow of deposits
§ 55.1-1984. Declarant to deliver declaration to purchaser
§ 55.1-1985. Investigations and proceedings
§ 55.1-1986. Cease and desist orders
§ 55.1-1987. Revocation of registration
§ 55.1-1990. Resale by purchaser; contract disclosure; right of cancellation
§ 55.1-1991. Contents of resale certificate; delivery
§ 55.1-1992. Fees for resale certificate
§ 55.1-1993. Properties subject to more than one declaration