55-79.53 - Compliance with condominium instruments.
§ 55-79.53. Compliance with condominium instruments.
A. The declarant, every unit owner, and all those entitled to occupy a unitshall comply with all lawful provisions of this chapter and all provisions ofthe condominium instruments. Any lack of such compliance shall be grounds foran action or suit to recover sums due, for damages or injunctive relief, orfor any other remedy available at law or in equity, maintainable by the unitowners' association, or by its executive organ or any managing agent onbehalf of such association, or, in any proper case, by one or more aggrievedunit owners on their own behalf or as a class action. A unit owners'association shall have standing to sue in its own name for any claims oractions related to the common elements as provided in subsection B of §55-79.80. The prevailing party shall be entitled to recover reasonableattorneys' fees and costs expended in the matter.
B. The condominium instruments may provide for arbitration of disputes orother means of alternative dispute resolution. Any such arbitration held inaccordance with this subsection shall be consistent with the provisions ofthis chapter and Chapter 21 (§ 8.01-577 et seq.) of Title 8.01. The place ofany such arbitration or alternative dispute resolution shall be in the countyor city in which the condominium is located, or as mutually agreed by theparties.
(1974, c. 416; 1975, c. 415; 1993, c. 667; 1996, c. 977.)