55-382 - Effect of violations on rights of action; attorney's fees; prior determination of Real Estate Board required for certain violations. - Virginia Statutes

§ 55-382. Effect of violations on rights of action; attorney's fees; priordetermination of Real Estate Board required for certain violations.

A. If a developer or any other person subject to this chapter violates anyprovision hereof or any provision of the time-share instrument, any person orclass of persons adversely affected by the violation has a claim forappropriate relief. The court may also award reasonable attorney's fees tothe prevailing party.

B. Prior to the commencement of any action alleging a failure to comply withthe provisions of § 55-375 or 55-386, however, an aggrieved owner shall firstseek a determination from the Board as to whether compliance with § 55-375 or55-386 has occurred. The Board shall make such determination within 120 daysof the request therefore.

(1981, c. 462; 1985, c. 517; 1998, c. 460; 2008, c. 376.)