§ 54.1-2351. General powers and duties of Board concerning associations.
A. The Board may adopt, amend, and repeal rules and regulations and issueorders consistent with and in furtherance of the objectives of this chapter,but the Board may not intervene in the internal activities of an associationexcept to the extent necessary to prevent or cure violations of this chapteror of the chapter pursuant to which the association is created. The Board mayprescribe forms and procedures for submitting information to the Board.
B. If it appears that any governing board has engaged, is engaging, or isabout to engage in any act or practice in violation of this chapter, Chapter4.2 (§ 55-79.39 et seq.), 21 (§ 55-360 et seq.), 24 (§ 55-424 et seq.), or 26(§ 55-508 et seq.) of Title 55, or any of the Board's regulations or orders,the Board without prior administrative proceedings may bring suit in theappropriate court to enjoin that act or practice or for other appropriaterelief. The Board is not required to post a bond or prove that no adequateremedy at law exists.
C. The Board may intervene in any action or suit involving a violation by adeclarant or a developer of a time-share project of this chapter, Chapter 4.2(§ 55-79.39 et seq.), 21 (§ 55-360 et seq.), 24 (§ 55-424 et seq.), or 26 (§55-508 et seq.) of Title 55, or any of the Board's regulations or orders.
D. The Board may accept grants-in-aid from any governmental source and maycontract with agencies charged with similar functions in this or otherjurisdictions in furtherance of the objectives of this chapter.
E. The Board may cooperate with agencies performing similar functions in thisand other jurisdictions to develop uniform filing procedures and forms,uniform disclosure standards, and uniform administrative practices, and maydevelop information that may be useful in the discharge of the Board's duties.
F. In issuing any cease and desist order the Board shall state the basis forthe adverse determination and the underlying facts.
G. Without limiting the remedies that may be obtained under this chapter, theBoard, without compliance with the Administrative Process Act (§ 2.2-4000 etseq.), shall have the authority to enforce the provisions of this section andmay institute proceedings in equity to enjoin any person, partnership,corporation, or any other entity violating this chapter, Chapter 4.2 (§55-79.39 et seq.), 21 (§ 55-360 et seq.), 24 (§ 55-424 et seq.), or 26 (§55-508 et seq.) of Title 55, or any of the Board's regulations or orders.Such proceedings shall be brought in the name of the Commonwealth by theBoard in the circuit court or general district court of the city or county inwhich the unlawful act occurred or in which the defendant resides.
H. The Board may assess a monetary penalty to be paid to the Common InterestCommunity Management Information Fund of not more than $1,000 per violationagainst any governing board that violates any provision of this chapter,Chapter 4.2 (§ 55-79.39 et seq.), 21 (§ 55-360 et seq.), 24 (§ 55-424 etseq.), or 26 (§ 55-508 et seq.) of Title 55, or any of the Board'sregulations or orders. In determining the amount of the penalty, the Boardshall consider the degree and extent of harm caused by the violation. Nomonetary penalty may be assessed under this chapter, Chapter 4.2 (§ 55-79.39et seq.), 21 (§ 55-360 et seq.), 24 (§ 55-424 et seq.), or 26 (§ 55-508 etseq.) of Title 55, or any of the Board's regulations or orders unless thegoverning board has been given notice and an opportunity to be heard pursuantto the Administrative Process Act (§ 2.2-4000 et seq.). The penalty may besued for and recovered in the name of the Commonwealth.
§ 54.1-2351. General powers and duties of Board concerning associations.
A. The Board may adopt, amend, and repeal rules and regulations and issueorders consistent with and in furtherance of the objectives of this chapter,but the Board may not intervene in the internal activities of an associationexcept to the extent necessary to prevent or cure violations of this chapteror of the chapter pursuant to which the association is created. The Board mayprescribe forms and procedures for submitting information to the Board.
B. If it appears that any governing board has engaged, is engaging, or isabout to engage in any act or practice in violation of this chapter, Chapter4.2 (§ 55-79.39 et seq.), 21 (§ 55-360 et seq.), 24 (§ 55-424 et seq.), or 26(§ 55-508 et seq.) of Title 55, or any of the Board's regulations or orders,the Board without prior administrative proceedings may bring suit in theappropriate court to enjoin that act or practice or for other appropriaterelief. The Board is not required to post a bond or prove that no adequateremedy at law exists.
C. The Board may intervene in any action or suit involving a violation by adeclarant or a developer of a time-share project of this chapter, Chapter 4.2(§ 55-79.39 et seq.), 21 (§ 55-360 et seq.), 24 (§ 55-424 et seq.), or 26 (§55-508 et seq.) of Title 55, or any of the Board's regulations or orders.
D. The Board may accept grants-in-aid from any governmental source and maycontract with agencies charged with similar functions in this or otherjurisdictions in furtherance of the objectives of this chapter.
E. The Board may cooperate with agencies performing similar functions in thisand other jurisdictions to develop uniform filing procedures and forms,uniform disclosure standards, and uniform administrative practices, and maydevelop information that may be useful in the discharge of the Board's duties.
F. In issuing any cease and desist order the Board shall state the basis forthe adverse determination and the underlying facts.
G. Without limiting the remedies that may be obtained under this chapter, theBoard, without compliance with the Administrative Process Act (§ 2.2-4000 etseq.), shall have the authority to enforce the provisions of this section andmay institute proceedings in equity to enjoin any person, partnership,corporation, or any other entity violating this chapter, Chapter 4.2 (§55-79.39 et seq.), 21 (§ 55-360 et seq.), 24 (§ 55-424 et seq.), or 26 (§55-508 et seq.) of Title 55, or any of the Board's regulations or orders.Such proceedings shall be brought in the name of the Commonwealth by theBoard in the circuit court or general district court of the city or county inwhich the unlawful act occurred or in which the defendant resides.
H. The Board may assess a monetary penalty to be paid to the Common InterestCommunity Management Information Fund of not more than $1,000 per violationagainst any governing board that violates any provision of this chapter,Chapter 4.2 (§ 55-79.39 et seq.), 21 (§ 55-360 et seq.), 24 (§ 55-424 etseq.), or 26 (§ 55-508 et seq.) of Title 55, or any of the Board'sregulations or orders. In determining the amount of the penalty, the Boardshall consider the degree and extent of harm caused by the violation. Nomonetary penalty may be assessed under this chapter, Chapter 4.2 (§ 55-79.39et seq.), 21 (§ 55-360 et seq.), 24 (§ 55-424 et seq.), or 26 (§ 55-508 etseq.) of Title 55, or any of the Board's regulations or orders unless thegoverning board has been given notice and an opportunity to be heard pursuantto the Administrative Process Act (§ 2.2-4000 et seq.). The penalty may besued for and recovered in the name of the Commonwealth.
§ 54.1-2351. General powers and duties of Board concerning associations.
A. The Board may adopt, amend, and repeal rules and regulations and issueorders consistent with and in furtherance of the objectives of this chapter,but the Board may not intervene in the internal activities of an associationexcept to the extent necessary to prevent or cure violations of this chapteror of the chapter pursuant to which the association is created. The Board mayprescribe forms and procedures for submitting information to the Board.
B. If it appears that any governing board has engaged, is engaging, or isabout to engage in any act or practice in violation of this chapter, Chapter4.2 (§ 55-79.39 et seq.), 21 (§ 55-360 et seq.), 24 (§ 55-424 et seq.), or 26(§ 55-508 et seq.) of Title 55, or any of the Board's regulations or orders,the Board without prior administrative proceedings may bring suit in theappropriate court to enjoin that act or practice or for other appropriaterelief. The Board is not required to post a bond or prove that no adequateremedy at law exists.
C. The Board may intervene in any action or suit involving a violation by adeclarant or a developer of a time-share project of this chapter, Chapter 4.2(§ 55-79.39 et seq.), 21 (§ 55-360 et seq.), 24 (§ 55-424 et seq.), or 26 (§55-508 et seq.) of Title 55, or any of the Board's regulations or orders.
D. The Board may accept grants-in-aid from any governmental source and maycontract with agencies charged with similar functions in this or otherjurisdictions in furtherance of the objectives of this chapter.
E. The Board may cooperate with agencies performing similar functions in thisand other jurisdictions to develop uniform filing procedures and forms,uniform disclosure standards, and uniform administrative practices, and maydevelop information that may be useful in the discharge of the Board's duties.
F. In issuing any cease and desist order the Board shall state the basis forthe adverse determination and the underlying facts.
G. Without limiting the remedies that may be obtained under this chapter, theBoard, without compliance with the Administrative Process Act (§ 2.2-4000 etseq.), shall have the authority to enforce the provisions of this section andmay institute proceedings in equity to enjoin any person, partnership,corporation, or any other entity violating this chapter, Chapter 4.2 (§55-79.39 et seq.), 21 (§ 55-360 et seq.), 24 (§ 55-424 et seq.), or 26 (§55-508 et seq.) of Title 55, or any of the Board's regulations or orders.Such proceedings shall be brought in the name of the Commonwealth by theBoard in the circuit court or general district court of the city or county inwhich the unlawful act occurred or in which the defendant resides.
H. The Board may assess a monetary penalty to be paid to the Common InterestCommunity Management Information Fund of not more than $1,000 per violationagainst any governing board that violates any provision of this chapter,Chapter 4.2 (§ 55-79.39 et seq.), 21 (§ 55-360 et seq.), 24 (§ 55-424 etseq.), or 26 (§ 55-508 et seq.) of Title 55, or any of the Board'sregulations or orders. In determining the amount of the penalty, the Boardshall consider the degree and extent of harm caused by the violation. Nomonetary penalty may be assessed under this chapter, Chapter 4.2 (§ 55-79.39et seq.), 21 (§ 55-360 et seq.), 24 (§ 55-424 et seq.), or 26 (§ 55-508 etseq.) of Title 55, or any of the Board's regulations or orders unless thegoverning board has been given notice and an opportunity to be heard pursuantto the Administrative Process Act (§ 2.2-4000 et seq.). The penalty may besued for and recovered in the name of the Commonwealth.
