What percentage or more of units must be sold before the declarant is no longer responsible for the units and the responsibilities fall to the association of unit owners?

In Virginia, the law stipulates that once 75% or more of the units in a condominium development have been sold, the declarant (the developer or original owner of the property) is generally not responsible for the units anymore. At this threshold, the responsibilities and control of the condominium association are turned over to the association of unit owners. This transition is significant because it allows the homeowners to take control of their governing body, manage the property, and make decisions regarding its operations without the influence of the original developer.

The percentage is set at 75% to ensure that a substantial majority of owners have a say and stake in the management and decision-making processes of the association. This percentage is intended to protect the interests of the unit owners, ensuring that decisions reflect a broader consensus rather than being driven solely by the developer, who may have different priorities, especially in the early stages of a development.