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2010 SESSION
10104487DBe it enacted by the General Assembly of Virginia:
1. That § 10.1-603.12:3 of the Code of Virginia is amended and reenacted as follows:
§ 10.1-603.12:3. Private rights; liability.
The A. Whenever a common interest community cedes
responsibility for the maintenance, repair, and replacement of a stormwater
management facility on its real property to the Commonwealth or political
subdivision thereof, such common interest community shall be immune from civil
liability in relation to such stormwater management facility. In order for the
immunity established by this subsection to apply, (i) the common interest
community must cede such responsibility by contract or other instrument
executed by both parties and (ii) the Commonwealth or the governing body of the
political subdivision shall have accepted the responsibility ceded by the
common interest community in writing or by resolution. Acceptance or approval
of an easement, subdivision plat, site plan, or other plan of development shall
not constitute the acceptance by the Commonwealth or the governing body of the
political subdivision required to satisfy subdivision (ii). The immunity
granted by this section shall not apply to actions or omissions by the
landowner constituting intentional or willful misconduct or gross negligence.
For the purposes of this section, “common interest community” means the same as
that term is defined in § 55-528.
B. Except as provided in subsection A, the fact that any permittee holds or has held a permit issued under this article shall not constitute a defense in any civil action involving private rights.