10.1-603.12:3 - Private rights; liability - Virginia Statutes

§ 10.1-603.12:3. Private rights; liability.

A. Whenever a common interest community cedes responsibility for themaintenance, repair, and replacement of a stormwater management facility onits real property to the Commonwealth or political subdivision thereof, suchcommon interest community shall be immune from civil liability in relation tosuch stormwater management facility. In order for the immunity established bythis subsection to apply, (i) the common interest community must cede suchresponsibility by contract or other instrument executed by both parties and(ii) the Commonwealth or the governing body of the political subdivisionshall have accepted the responsibility ceded by the common interest communityin writing or by resolution. As used in this section, maintenance, repair,and replacement shall include, without limitation, cleaning of the facility,maintenance of adjacent grounds which are part of the facility, maintenanceand replacement of fencing where the facility is fenced, and posting ofsignage indicating the identity of the governmental entity which maintainsthe facility. Acceptance or approval of an easement, subdivision plat, siteplan, or other plan of development shall not constitute the acceptance by theCommonwealth or the governing body of the political subdivision required tosatisfy subdivision (ii). The immunity granted by this section shall notapply to actions or omissions by the common interest community constitutingintentional or willful misconduct or gross negligence. For the purposes ofthis section, "common interest community" means the same as that term isdefined in § 55-528.

B. Except as provided in subsection A, the fact that any permittee holds orhas held a permit issued under this article shall not constitute a defense inany civil action involving private rights.

(2004, c. 372; 2010, c. 853.)