State Codes and Statutes

Statutes > Virginia > Title-54-1 > Chapter-23-3 > 54-1-2353

§ 54.1-2353. Protection of the interests of associations; appointment ofreceiver for common interest community manager.

A. A common interest community manager owes a fiduciary duty to theassociations to which it provides management services with respect to themanager's handling the funds or the records of each association. All fundsdeposited with the common interest community manager shall be handled in afiduciary capacity and shall be kept in a separate fiduciary trust account oraccounts in an FDIC-insured financial institution separate from the assets ofthe common interest community manager. The funds shall be the property of theassociation and shall be segregated for each depository in the records of thecommon interest community manager in a manner that permits the funds to beidentified on an association basis. All records having administrative orfiscal value to the association that a common interest community managerholds, maintains, compiles, or generates on behalf of a common interestcommunity are the property of the association. A common interest communitymanager may retain and dispose of association records in accordance with apolicy contained in the contract between the common interest communitymanager and the association. Within a reasonable time after a written requestfor any such records, the common interest community manager shall providecopies of the requested records to the association at the association'sexpense. The common interest community manager shall return all associationrecords that it retains and any originals of legal instruments or officialdocuments that are in the possession of the common interest community managerto the association within a reasonable time after termination of the contractfor management services without additional cost to the association. Recordsmaintained in electronic format may be returned in such format.

B. If the Board has reasonable cause to believe that a common interestcommunity manager is unable to properly discharge its fiduciaryresponsibilities to an association to which it provides management services,the Board may submit an ex parte petition to the circuit court of the city orcounty wherein the common interest community manager maintains an office oris doing business for the issuance of an order authorizing the immediateinspection by and production to representatives of the petitioner of anyrecords, documents, and physical or other evidence belonging to the subjectcommon interest community manager. The court may issue such order withoutnotice to the common interest community manager if the petition, supported byaffidavit of the petitioner and such other evidence as the court may require,shows reasonable cause to believe that such action is required to preventimmediate loss of property of one or more of the associations to which thesubject common interest community manager provides management services. Thecourt may also temporarily enjoin further activity by the common interestcommunity manager and take such further action as shall be necessary toconserve, protect, and disburse the funds involved, including the appointmentof a receiver. The papers filed with the court pursuant to this subsectionshall be placed under seal.

C. If the Board has reasonable cause to believe that a common interestcommunity manager is unable to properly discharge its fiduciaryresponsibilities to an association to which it provides management services,the Board may file a petition with the circuit court of the county or citywherein the subject common interest community manager maintains an office oris doing business. The petition may seek the following relief: (i) aninjunction prohibiting the withdrawal of any bank deposits or the dispositionof any other assets belonging to or subject to the control of the subjectcommon interest community manager; and (ii) the appointment of a receiver forall or part of the funds or property of the subject common interest communitymanager. The subject common interest community manager shall be given noticeof the time and place of the hearing on the petition and an opportunity tooffer evidence. The court, in its discretion, may require a receiverappointed pursuant to this section to post bond, with or without surety. Thepapers filed with the court under this subsection shall be placed under sealuntil such time as the court grants an injunction or appoints a receiver. Thecourt may issue an injunction, appoint a receiver, or provide such otherrelief as the court may consider proper if, after a hearing, the court findsthat such relief is necessary or appropriate to prevent loss of property ofone or more of the associations to which the subject common interestcommunity manager provides management services.

D. In any proceeding under subsection C, any person or entity known to theBoard to be indebted to or having in his possession property, real orpersonal, belonging to or subject to the control of the subject commoninterest community manager's business and which property the Board reasonablybelieves may become part of the receivership assets, shall be served with acopy of the petition and notice of the time and place of the hearing.

E. The court shall describe the powers and duties of the receiver in itsappointing order, which may be amended from time to time. The receiver shall,unless otherwise ordered by the court in the appointing order, (i) prepareand file with the Board a list of all associations managed by the subjectcommon interest community manager; (ii) notify in writing all of theassociations to which the subject common interest community manager providesmanagement services of the appointment, and take whatever action the receiverdeems appropriate to protect the interests of the associations until suchtime as the associations have had an opportunity to obtain a successor commoninterest community manager; (iii) facilitate the transfer of records andinformation to such successor common interest community manager; (iv)identify and take control of all bank accounts, including without limitationtrust and operating accounts, over which the subject common interestcommunity manager had signatory authority in connection with its managementbusiness; (v) prepare and submit an accounting of receipts and disbursementsand account balances of all funds under the receiver's control for submissionto the court within four months of the appointment and annually thereafteruntil the receivership is terminated by the court; (vi) attempt to collectany accounts receivable related to the subject common interest communitymanager's business; (vii) identify and attempt to recover any assetswrongfully diverted from the subject common interest community manager'sbusiness, or assets acquired with funds wrongfully diverted from the subjectcommon interest community manager's business; (viii) terminate the subjectcommon interest community manager's business; (ix) reduce to cash all of theassets of the subject common interest community manager; (x) determine thenature and amount of all claims of creditors of the subject common interestcommunity manager, including associations to which the subject commoninterest community manager provided management services; and (xi) prepare andfile with the court a report of such assets and claims proposing a plan forthe distribution of funds in the receivership to such creditors in accordancewith the provisions of subsection F.

F. Upon the court's approval of the receiver's report referenced insubsection E, at a hearing after such notice as the court may require tocreditors, the receiver shall distribute the assets of the common interestcommunity manager and funds in the receivership first to clients whose fundswere or ought to have been held in a fiduciary capacity by the subject commoninterest community manager, then to the receiver for fees, costs, andexpenses awarded pursuant to subsection G, and thereafter to the creditors ofthe subject common interest community manager, and then to the subject commoninterest community manager or its successors in interest.

G. A receiver appointed pursuant to this section shall be entitled, uponproper application to the court in which the appointment was made, to recoveran award of reasonable fees, costs, and expenses. If there are not sufficientnonfiduciary funds to pay the award, then the shortfall shall be paid by theCommon Interest Community Management Information Fund as a cost ofadministering the Fund pursuant to § 55-530, to the extent that the said Fundhas funds available. The Fund shall have a claim against the subject commoninterest community manager for the amount paid.

H. The court may determine whether any assets under the receiver's controlshould be returned to the subject common interest community manager.

I. If the Board shall find that any common interest community manager isinsolvent, that its merger into another common interest community manager isdesirable for the protection of the associations to which such commoninterest community manager provides management services, and that anemergency exists, and, if the board of directors of such insolvent commoninterest community manager shall approve a plan of merger of such commoninterest community manager into another common interest community manager,compliance with the requirements of § 13.1-718 shall be dispensed with as tosuch insolvent common interest community manager and the approval by theBoard of such plan of merger shall be the equivalent of approval by theholders of more than two-thirds of the outstanding shares of such insolventcommon interest community manager for all purposes of Article 12 (§13.1-715.1 et seq.) of Chapter 9 of Title 13.1. If the Board finds that acommon interest community manager is insolvent, that the acquisition of itsassets by another common interest community manager is in the best interestsof the associations to which such common interest community manager providesmanagement services, and that an emergency exists, it may, with the consentof the boards of directors of both common interest community managers as tothe terms and conditions of such transfer, including the assumption of all orcertain liabilities, enter an order transferring some or all of the assets ofsuch insolvent common interest community manager to such other commoninterest community manager, and no compliance with the provisions of §§13.1-723 and 13.1-724 shall be required, nor shall §§ 13.1-730 through13.1-741 be applicable to such transfer. In the case either of such a mergeror of such a sale of assets, the Board shall provide that prompt notice ofits finding of insolvency and of the merger or sale of assets be sent to thestockholders of record of the insolvent common interest community manager forthe purpose of providing such shareholders an opportunity to challenge thefinding that the common interest community manager is insolvent. The relevantbooks and records of such insolvent common interest community manager shallremain intact and be made available to such shareholders for a period of 30days after such notice is sent. The Board's finding of insolvency shallbecome final if a hearing before the Board is not requested by any suchshareholder within such 30-day period. If, after such hearing, the Boardfinds that such common interest community manager was solvent, it shallrescind its order entered pursuant to this subsection and the merger ortransfer of assets shall be rescinded. But if, after such hearing, the Boardfinds that such common interest community manager was insolvent, its ordershall be final.

J. The provisions of this chapter are declared to be remedial. The purpose ofthis chapter is to protect the interests of associations adversely affectedby common interest community managers who have breached their fiduciary duty.The provisions of this chapter shall be liberally administered in order toprotect those interests and thereby the public's interest in the quality ofmanagement services provided by Virginia common interest community managers.

(2008, cc. 851, 871.)

State Codes and Statutes

Statutes > Virginia > Title-54-1 > Chapter-23-3 > 54-1-2353

§ 54.1-2353. Protection of the interests of associations; appointment ofreceiver for common interest community manager.

A. A common interest community manager owes a fiduciary duty to theassociations to which it provides management services with respect to themanager's handling the funds or the records of each association. All fundsdeposited with the common interest community manager shall be handled in afiduciary capacity and shall be kept in a separate fiduciary trust account oraccounts in an FDIC-insured financial institution separate from the assets ofthe common interest community manager. The funds shall be the property of theassociation and shall be segregated for each depository in the records of thecommon interest community manager in a manner that permits the funds to beidentified on an association basis. All records having administrative orfiscal value to the association that a common interest community managerholds, maintains, compiles, or generates on behalf of a common interestcommunity are the property of the association. A common interest communitymanager may retain and dispose of association records in accordance with apolicy contained in the contract between the common interest communitymanager and the association. Within a reasonable time after a written requestfor any such records, the common interest community manager shall providecopies of the requested records to the association at the association'sexpense. The common interest community manager shall return all associationrecords that it retains and any originals of legal instruments or officialdocuments that are in the possession of the common interest community managerto the association within a reasonable time after termination of the contractfor management services without additional cost to the association. Recordsmaintained in electronic format may be returned in such format.

B. If the Board has reasonable cause to believe that a common interestcommunity manager is unable to properly discharge its fiduciaryresponsibilities to an association to which it provides management services,the Board may submit an ex parte petition to the circuit court of the city orcounty wherein the common interest community manager maintains an office oris doing business for the issuance of an order authorizing the immediateinspection by and production to representatives of the petitioner of anyrecords, documents, and physical or other evidence belonging to the subjectcommon interest community manager. The court may issue such order withoutnotice to the common interest community manager if the petition, supported byaffidavit of the petitioner and such other evidence as the court may require,shows reasonable cause to believe that such action is required to preventimmediate loss of property of one or more of the associations to which thesubject common interest community manager provides management services. Thecourt may also temporarily enjoin further activity by the common interestcommunity manager and take such further action as shall be necessary toconserve, protect, and disburse the funds involved, including the appointmentof a receiver. The papers filed with the court pursuant to this subsectionshall be placed under seal.

C. If the Board has reasonable cause to believe that a common interestcommunity manager is unable to properly discharge its fiduciaryresponsibilities to an association to which it provides management services,the Board may file a petition with the circuit court of the county or citywherein the subject common interest community manager maintains an office oris doing business. The petition may seek the following relief: (i) aninjunction prohibiting the withdrawal of any bank deposits or the dispositionof any other assets belonging to or subject to the control of the subjectcommon interest community manager; and (ii) the appointment of a receiver forall or part of the funds or property of the subject common interest communitymanager. The subject common interest community manager shall be given noticeof the time and place of the hearing on the petition and an opportunity tooffer evidence. The court, in its discretion, may require a receiverappointed pursuant to this section to post bond, with or without surety. Thepapers filed with the court under this subsection shall be placed under sealuntil such time as the court grants an injunction or appoints a receiver. Thecourt may issue an injunction, appoint a receiver, or provide such otherrelief as the court may consider proper if, after a hearing, the court findsthat such relief is necessary or appropriate to prevent loss of property ofone or more of the associations to which the subject common interestcommunity manager provides management services.

D. In any proceeding under subsection C, any person or entity known to theBoard to be indebted to or having in his possession property, real orpersonal, belonging to or subject to the control of the subject commoninterest community manager's business and which property the Board reasonablybelieves may become part of the receivership assets, shall be served with acopy of the petition and notice of the time and place of the hearing.

E. The court shall describe the powers and duties of the receiver in itsappointing order, which may be amended from time to time. The receiver shall,unless otherwise ordered by the court in the appointing order, (i) prepareand file with the Board a list of all associations managed by the subjectcommon interest community manager; (ii) notify in writing all of theassociations to which the subject common interest community manager providesmanagement services of the appointment, and take whatever action the receiverdeems appropriate to protect the interests of the associations until suchtime as the associations have had an opportunity to obtain a successor commoninterest community manager; (iii) facilitate the transfer of records andinformation to such successor common interest community manager; (iv)identify and take control of all bank accounts, including without limitationtrust and operating accounts, over which the subject common interestcommunity manager had signatory authority in connection with its managementbusiness; (v) prepare and submit an accounting of receipts and disbursementsand account balances of all funds under the receiver's control for submissionto the court within four months of the appointment and annually thereafteruntil the receivership is terminated by the court; (vi) attempt to collectany accounts receivable related to the subject common interest communitymanager's business; (vii) identify and attempt to recover any assetswrongfully diverted from the subject common interest community manager'sbusiness, or assets acquired with funds wrongfully diverted from the subjectcommon interest community manager's business; (viii) terminate the subjectcommon interest community manager's business; (ix) reduce to cash all of theassets of the subject common interest community manager; (x) determine thenature and amount of all claims of creditors of the subject common interestcommunity manager, including associations to which the subject commoninterest community manager provided management services; and (xi) prepare andfile with the court a report of such assets and claims proposing a plan forthe distribution of funds in the receivership to such creditors in accordancewith the provisions of subsection F.

F. Upon the court's approval of the receiver's report referenced insubsection E, at a hearing after such notice as the court may require tocreditors, the receiver shall distribute the assets of the common interestcommunity manager and funds in the receivership first to clients whose fundswere or ought to have been held in a fiduciary capacity by the subject commoninterest community manager, then to the receiver for fees, costs, andexpenses awarded pursuant to subsection G, and thereafter to the creditors ofthe subject common interest community manager, and then to the subject commoninterest community manager or its successors in interest.

G. A receiver appointed pursuant to this section shall be entitled, uponproper application to the court in which the appointment was made, to recoveran award of reasonable fees, costs, and expenses. If there are not sufficientnonfiduciary funds to pay the award, then the shortfall shall be paid by theCommon Interest Community Management Information Fund as a cost ofadministering the Fund pursuant to § 55-530, to the extent that the said Fundhas funds available. The Fund shall have a claim against the subject commoninterest community manager for the amount paid.

H. The court may determine whether any assets under the receiver's controlshould be returned to the subject common interest community manager.

I. If the Board shall find that any common interest community manager isinsolvent, that its merger into another common interest community manager isdesirable for the protection of the associations to which such commoninterest community manager provides management services, and that anemergency exists, and, if the board of directors of such insolvent commoninterest community manager shall approve a plan of merger of such commoninterest community manager into another common interest community manager,compliance with the requirements of § 13.1-718 shall be dispensed with as tosuch insolvent common interest community manager and the approval by theBoard of such plan of merger shall be the equivalent of approval by theholders of more than two-thirds of the outstanding shares of such insolventcommon interest community manager for all purposes of Article 12 (§13.1-715.1 et seq.) of Chapter 9 of Title 13.1. If the Board finds that acommon interest community manager is insolvent, that the acquisition of itsassets by another common interest community manager is in the best interestsof the associations to which such common interest community manager providesmanagement services, and that an emergency exists, it may, with the consentof the boards of directors of both common interest community managers as tothe terms and conditions of such transfer, including the assumption of all orcertain liabilities, enter an order transferring some or all of the assets ofsuch insolvent common interest community manager to such other commoninterest community manager, and no compliance with the provisions of §§13.1-723 and 13.1-724 shall be required, nor shall §§ 13.1-730 through13.1-741 be applicable to such transfer. In the case either of such a mergeror of such a sale of assets, the Board shall provide that prompt notice ofits finding of insolvency and of the merger or sale of assets be sent to thestockholders of record of the insolvent common interest community manager forthe purpose of providing such shareholders an opportunity to challenge thefinding that the common interest community manager is insolvent. The relevantbooks and records of such insolvent common interest community manager shallremain intact and be made available to such shareholders for a period of 30days after such notice is sent. The Board's finding of insolvency shallbecome final if a hearing before the Board is not requested by any suchshareholder within such 30-day period. If, after such hearing, the Boardfinds that such common interest community manager was solvent, it shallrescind its order entered pursuant to this subsection and the merger ortransfer of assets shall be rescinded. But if, after such hearing, the Boardfinds that such common interest community manager was insolvent, its ordershall be final.

J. The provisions of this chapter are declared to be remedial. The purpose ofthis chapter is to protect the interests of associations adversely affectedby common interest community managers who have breached their fiduciary duty.The provisions of this chapter shall be liberally administered in order toprotect those interests and thereby the public's interest in the quality ofmanagement services provided by Virginia common interest community managers.

(2008, cc. 851, 871.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-54-1 > Chapter-23-3 > 54-1-2353

§ 54.1-2353. Protection of the interests of associations; appointment ofreceiver for common interest community manager.

A. A common interest community manager owes a fiduciary duty to theassociations to which it provides management services with respect to themanager's handling the funds or the records of each association. All fundsdeposited with the common interest community manager shall be handled in afiduciary capacity and shall be kept in a separate fiduciary trust account oraccounts in an FDIC-insured financial institution separate from the assets ofthe common interest community manager. The funds shall be the property of theassociation and shall be segregated for each depository in the records of thecommon interest community manager in a manner that permits the funds to beidentified on an association basis. All records having administrative orfiscal value to the association that a common interest community managerholds, maintains, compiles, or generates on behalf of a common interestcommunity are the property of the association. A common interest communitymanager may retain and dispose of association records in accordance with apolicy contained in the contract between the common interest communitymanager and the association. Within a reasonable time after a written requestfor any such records, the common interest community manager shall providecopies of the requested records to the association at the association'sexpense. The common interest community manager shall return all associationrecords that it retains and any originals of legal instruments or officialdocuments that are in the possession of the common interest community managerto the association within a reasonable time after termination of the contractfor management services without additional cost to the association. Recordsmaintained in electronic format may be returned in such format.

B. If the Board has reasonable cause to believe that a common interestcommunity manager is unable to properly discharge its fiduciaryresponsibilities to an association to which it provides management services,the Board may submit an ex parte petition to the circuit court of the city orcounty wherein the common interest community manager maintains an office oris doing business for the issuance of an order authorizing the immediateinspection by and production to representatives of the petitioner of anyrecords, documents, and physical or other evidence belonging to the subjectcommon interest community manager. The court may issue such order withoutnotice to the common interest community manager if the petition, supported byaffidavit of the petitioner and such other evidence as the court may require,shows reasonable cause to believe that such action is required to preventimmediate loss of property of one or more of the associations to which thesubject common interest community manager provides management services. Thecourt may also temporarily enjoin further activity by the common interestcommunity manager and take such further action as shall be necessary toconserve, protect, and disburse the funds involved, including the appointmentof a receiver. The papers filed with the court pursuant to this subsectionshall be placed under seal.

C. If the Board has reasonable cause to believe that a common interestcommunity manager is unable to properly discharge its fiduciaryresponsibilities to an association to which it provides management services,the Board may file a petition with the circuit court of the county or citywherein the subject common interest community manager maintains an office oris doing business. The petition may seek the following relief: (i) aninjunction prohibiting the withdrawal of any bank deposits or the dispositionof any other assets belonging to or subject to the control of the subjectcommon interest community manager; and (ii) the appointment of a receiver forall or part of the funds or property of the subject common interest communitymanager. The subject common interest community manager shall be given noticeof the time and place of the hearing on the petition and an opportunity tooffer evidence. The court, in its discretion, may require a receiverappointed pursuant to this section to post bond, with or without surety. Thepapers filed with the court under this subsection shall be placed under sealuntil such time as the court grants an injunction or appoints a receiver. Thecourt may issue an injunction, appoint a receiver, or provide such otherrelief as the court may consider proper if, after a hearing, the court findsthat such relief is necessary or appropriate to prevent loss of property ofone or more of the associations to which the subject common interestcommunity manager provides management services.

D. In any proceeding under subsection C, any person or entity known to theBoard to be indebted to or having in his possession property, real orpersonal, belonging to or subject to the control of the subject commoninterest community manager's business and which property the Board reasonablybelieves may become part of the receivership assets, shall be served with acopy of the petition and notice of the time and place of the hearing.

E. The court shall describe the powers and duties of the receiver in itsappointing order, which may be amended from time to time. The receiver shall,unless otherwise ordered by the court in the appointing order, (i) prepareand file with the Board a list of all associations managed by the subjectcommon interest community manager; (ii) notify in writing all of theassociations to which the subject common interest community manager providesmanagement services of the appointment, and take whatever action the receiverdeems appropriate to protect the interests of the associations until suchtime as the associations have had an opportunity to obtain a successor commoninterest community manager; (iii) facilitate the transfer of records andinformation to such successor common interest community manager; (iv)identify and take control of all bank accounts, including without limitationtrust and operating accounts, over which the subject common interestcommunity manager had signatory authority in connection with its managementbusiness; (v) prepare and submit an accounting of receipts and disbursementsand account balances of all funds under the receiver's control for submissionto the court within four months of the appointment and annually thereafteruntil the receivership is terminated by the court; (vi) attempt to collectany accounts receivable related to the subject common interest communitymanager's business; (vii) identify and attempt to recover any assetswrongfully diverted from the subject common interest community manager'sbusiness, or assets acquired with funds wrongfully diverted from the subjectcommon interest community manager's business; (viii) terminate the subjectcommon interest community manager's business; (ix) reduce to cash all of theassets of the subject common interest community manager; (x) determine thenature and amount of all claims of creditors of the subject common interestcommunity manager, including associations to which the subject commoninterest community manager provided management services; and (xi) prepare andfile with the court a report of such assets and claims proposing a plan forthe distribution of funds in the receivership to such creditors in accordancewith the provisions of subsection F.

F. Upon the court's approval of the receiver's report referenced insubsection E, at a hearing after such notice as the court may require tocreditors, the receiver shall distribute the assets of the common interestcommunity manager and funds in the receivership first to clients whose fundswere or ought to have been held in a fiduciary capacity by the subject commoninterest community manager, then to the receiver for fees, costs, andexpenses awarded pursuant to subsection G, and thereafter to the creditors ofthe subject common interest community manager, and then to the subject commoninterest community manager or its successors in interest.

G. A receiver appointed pursuant to this section shall be entitled, uponproper application to the court in which the appointment was made, to recoveran award of reasonable fees, costs, and expenses. If there are not sufficientnonfiduciary funds to pay the award, then the shortfall shall be paid by theCommon Interest Community Management Information Fund as a cost ofadministering the Fund pursuant to § 55-530, to the extent that the said Fundhas funds available. The Fund shall have a claim against the subject commoninterest community manager for the amount paid.

H. The court may determine whether any assets under the receiver's controlshould be returned to the subject common interest community manager.

I. If the Board shall find that any common interest community manager isinsolvent, that its merger into another common interest community manager isdesirable for the protection of the associations to which such commoninterest community manager provides management services, and that anemergency exists, and, if the board of directors of such insolvent commoninterest community manager shall approve a plan of merger of such commoninterest community manager into another common interest community manager,compliance with the requirements of § 13.1-718 shall be dispensed with as tosuch insolvent common interest community manager and the approval by theBoard of such plan of merger shall be the equivalent of approval by theholders of more than two-thirds of the outstanding shares of such insolventcommon interest community manager for all purposes of Article 12 (§13.1-715.1 et seq.) of Chapter 9 of Title 13.1. If the Board finds that acommon interest community manager is insolvent, that the acquisition of itsassets by another common interest community manager is in the best interestsof the associations to which such common interest community manager providesmanagement services, and that an emergency exists, it may, with the consentof the boards of directors of both common interest community managers as tothe terms and conditions of such transfer, including the assumption of all orcertain liabilities, enter an order transferring some or all of the assets ofsuch insolvent common interest community manager to such other commoninterest community manager, and no compliance with the provisions of §§13.1-723 and 13.1-724 shall be required, nor shall §§ 13.1-730 through13.1-741 be applicable to such transfer. In the case either of such a mergeror of such a sale of assets, the Board shall provide that prompt notice ofits finding of insolvency and of the merger or sale of assets be sent to thestockholders of record of the insolvent common interest community manager forthe purpose of providing such shareholders an opportunity to challenge thefinding that the common interest community manager is insolvent. The relevantbooks and records of such insolvent common interest community manager shallremain intact and be made available to such shareholders for a period of 30days after such notice is sent. The Board's finding of insolvency shallbecome final if a hearing before the Board is not requested by any suchshareholder within such 30-day period. If, after such hearing, the Boardfinds that such common interest community manager was solvent, it shallrescind its order entered pursuant to this subsection and the merger ortransfer of assets shall be rescinded. But if, after such hearing, the Boardfinds that such common interest community manager was insolvent, its ordershall be final.

J. The provisions of this chapter are declared to be remedial. The purpose ofthis chapter is to protect the interests of associations adversely affectedby common interest community managers who have breached their fiduciary duty.The provisions of this chapter shall be liberally administered in order toprotect those interests and thereby the public's interest in the quality ofmanagement services provided by Virginia common interest community managers.

(2008, cc. 851, 871.)