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2010 SESSION
Be 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. 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,
maintenance and replacement of fencing where the facility is fenced, and
posting of signage indicating the identity of the governmental entity which
maintains the facility. 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 common interest
community 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.