{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-1828.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-1828.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-1828.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-1828.html"}],"law_id":72141,"edition_id":1,"section_id":72141,"structure_id":14602,"section_number":"55.1-1828","catch_line":"Compliance with declaration","history":"1989, c. 679, \u00a7 55-515; 1993, c. 956; 2012, c. 758; 2014, c. 569; 2019, c. 712.","full_text":"A\n\nEvery lot owner, and all those entitled to occupy a lot, shall comply with all lawful provisions of this chapter and all provisions of the declaration. Any lack of such compliance shall be grounds for an action to recover sums due, for damages or injunctive relief, or for any other remedy available at law or in equity, maintainable by the association or by its board of directors or any managing agent on behalf of such association or, in any proper case, by one or more aggrieved lot owners on their own behalf or as a class action. Except as provided in subsection B, the prevailing party shall be entitled to recover reasonable attorney fees, costs expended in the matter, and interest on the judgment as provided in § 8.01-382. This section shall not preclude an action against the association and authorizes the recovery by the prevailing party in any such action of reasonable attorney fees, costs expended in the matter, and interest on the judgment as provided in § 8.01-382 in such actions.B\n\nIn actions against a lot owner for nonpayment of assessments in which the lot owner has failed to pay assessments levied by the association on more than one lot or in which such lot owner has had legal actions taken against him for nonpayment of any prior assessment, and the prevailing party is the association or its board of directors or any managing agent on behalf of the association, the prevailing party shall be awarded reasonable attorney fees, costs expended in the matter, and interest on the judgment as provided in subsection A, even if the proceeding is settled prior to judgment. The delinquent owner shall be personally responsible for reasonable attorney fees and costs expended in the matter by the association, whether any judicial proceedings are filed.C\n\nA declaration may provide for arbitration of disputes or other means of alternative dispute resolution. Any such arbitration held in accordance with this subsection shall be consistent with the provisions of this chapter and Chapter 21 (§ 8.01-577 et seq.) of Title 8.01. The place of any such arbitration or alternative dispute resolution shall be in the county or city in which the development is located, or as mutually agreed to by the parties.","order_by":null,"text":{"0":{"id":259909,"text":"Every lot owner, and all those entitled to occupy a lot, shall comply with all lawful provisions of this chapter and all provisions of the declaration. Any lack of such compliance shall be grounds for an action to recover sums due, for damages or injunctive relief, or for any other remedy available at law or in equity, maintainable by the association or by its board of directors or any managing agent on behalf of such association or, in any proper case, by one or more aggrieved lot owners on their own behalf or as a class action. Except as provided in subsection B, the prevailing party shall be entitled to recover reasonable attorney fees, costs expended in the matter, and interest on the judgment as provided in § 8.01-382. This section shall not preclude an action against the association and authorizes the recovery by the prevailing party in any such action of reasonable attorney fees, costs expended in the matter, and interest on the judgment as provided in § 8.01-382 in such actions.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":259910,"text":"In actions against a lot owner for nonpayment of assessments in which the lot owner has failed to pay assessments levied by the association on more than one lot or in which such lot owner has had legal actions taken against him for nonpayment of any prior assessment, and the prevailing party is the association or its board of directors or any managing agent on behalf of the association, the prevailing party shall be awarded reasonable attorney fees, costs expended in the matter, and interest on the judgment as provided in subsection A, even if the proceeding is settled prior to judgment. The delinquent owner shall be personally responsible for reasonable attorney fees and costs expended in the matter by the association, whether any judicial proceedings are filed.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":259911,"text":"A declaration may provide for arbitration of disputes or other means of alternative dispute resolution. Any such arbitration held in accordance with this subsection shall be consistent with the provisions of this chapter and Chapter 21 (§ 8.01-577 et seq.) of Title 8.01. The place of any such arbitration or alternative dispute resolution shall be in the county or city in which the development is located, or as mutually agreed to by the parties.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14602,"edition_id":1,"name":"Operation and Management of Association","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":13840,"metadata":{},"date_created":"2026-06-26 03:48:50","date_modified":"2026-06-26 03:48:50","permalink":{"id":246517,"object_type":"structure","relational_id":14602,"identifier":"3","token":"55.1\/IV\/18\/3","url":"\/55.1\/IV\/18\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13840,"edition_id":1,"name":"Property Owners' Association Act","identifier":"18","label":"chapter","depth":3,"order_by":1,"parent_id":12914,"metadata":{},"date_created":"2026-06-26 03:46:02","date_modified":"2026-06-26 03:46:02","permalink":{"id":246475,"object_type":"structure","relational_id":13840,"identifier":"18","token":"55.1\/IV\/18","url":"\/55.1\/IV\/18\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12914,"edition_id":1,"name":"Common Interest Communities","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12707,"metadata":{},"date_created":"2026-06-26 03:44:01","date_modified":"2026-06-26 03:44:01","permalink":{"id":246473,"object_type":"structure","relational_id":12914,"identifier":"IV","token":"55.1\/IV","url":"\/55.1\/IV\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12707,"edition_id":1,"name":"Property and Conveyances","identifier":"55.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":244769,"object_type":"structure","relational_id":12707,"identifier":"55.1","token":"55.1","url":"\/55.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":82116,"structure_id":14602,"section_number":"55.1-1815","catch_line":"Access to association records; association meetings; notice","url":"\/55.1-1815\/","token":"55.1\/IV\/18\/3\/55.1-1815","metadata":false},{"id":58953,"structure_id":14602,"section_number":"55.1-1816","catch_line":"Meetings of the board of directors","url":"\/55.1-1816\/","token":"55.1\/IV\/18\/3\/55.1-1816","metadata":false},{"id":71423,"structure_id":14602,"section_number":"55.1-1817","catch_line":"Distribution of information by members","url":"\/55.1-1817\/","token":"55.1\/IV\/18\/3\/55.1-1817","metadata":false},{"id":74786,"structure_id":14602,"section_number":"55.1-1818","catch_line":"Common areas; notice of pesticide application","url":"\/55.1-1818\/","token":"55.1\/IV\/18\/3\/55.1-1818","metadata":false},{"id":77313,"structure_id":14602,"section_number":"55.1-1819","catch_line":"Adoption and enforcement of rules","url":"\/55.1-1819\/","token":"55.1\/IV\/18\/3\/55.1-1819","metadata":false},{"id":62295,"structure_id":14602,"section_number":"55.1-1819.1","catch_line":"Limitation of smoking in development","url":"\/55.1-1819.1\/","token":"55.1\/IV\/18\/3\/55.1-1819.1","metadata":false},{"id":77241,"structure_id":14602,"section_number":"55.1-1820","catch_line":"Display of the flag of the United States; necessary supporting structures; affirmative defense","url":"\/55.1-1820\/","token":"55.1\/IV\/18\/3\/55.1-1820","metadata":false},{"id":84984,"structure_id":14602,"section_number":"55.1-1820.1","catch_line":"Installation of solar energy collection devices","url":"\/55.1-1820.1\/","token":"55.1\/IV\/18\/3\/55.1-1820.1","metadata":false},{"id":56111,"structure_id":14602,"section_number":"55.1-1821","catch_line":"Home-based businesses permitted; compliance with local ordinances","url":"\/55.1-1821\/","token":"55.1\/IV\/18\/3\/55.1-1821","metadata":false},{"id":80736,"structure_id":14602,"section_number":"55.1-1822","catch_line":"Use of for sale signs in connection with sale","url":"\/55.1-1822\/","token":"55.1\/IV\/18\/3\/55.1-1822","metadata":false},{"id":81871,"structure_id":14602,"section_number":"55.1-1823","catch_line":"Designation of authorized representative","url":"\/55.1-1823\/","token":"55.1\/IV\/18\/3\/55.1-1823","metadata":false},{"id":67080,"structure_id":14602,"section_number":"55.1-1823.1","catch_line":"Electric vehicle charging stations permitted","url":"\/55.1-1823.1\/","token":"55.1\/IV\/18\/3\/55.1-1823.1","metadata":false},{"id":83860,"structure_id":14602,"section_number":"55.1-1824","catch_line":"Assessments; late fees","url":"\/55.1-1824\/","token":"55.1\/IV\/18\/3\/55.1-1824","metadata":false},{"id":69838,"structure_id":14602,"section_number":"55.1-1825","catch_line":"Authority to levy additional assessments; authority to borrow","url":"\/55.1-1825\/","token":"55.1\/IV\/18\/3\/55.1-1825","metadata":false},{"id":63899,"structure_id":14602,"section_number":"55.1-1826","catch_line":"Annual budget; reserve study; reserves for capital components","url":"\/55.1-1826\/","token":"55.1\/IV\/18\/3\/55.1-1826","metadata":false},{"id":68443,"structure_id":14602,"section_number":"55.1-1827","catch_line":"Deposit of funds; fidelity bond","url":"\/55.1-1827\/","token":"55.1\/IV\/18\/3\/55.1-1827","metadata":false},{"id":72141,"structure_id":14602,"section_number":"55.1-1828","catch_line":"Compliance with declaration","url":"\/55.1-1828\/","token":"55.1\/IV\/18\/3\/55.1-1828","metadata":false},{"id":58609,"structure_id":14602,"section_number":"55.1-1829","catch_line":"Amendment to declaration and bylaws; consent of mortgagee","url":"\/55.1-1829\/","token":"55.1\/IV\/18\/3\/55.1-1829","metadata":false},{"id":65977,"structure_id":14602,"section_number":"55.1-1830","catch_line":"Validity of declaration; corrective amendments","url":"\/55.1-1830\/","token":"55.1\/IV\/18\/3\/55.1-1830","metadata":false},{"id":62302,"structure_id":14602,"section_number":"55.1-1831","catch_line":"Reformation of declaration; judicial procedure","url":"\/55.1-1831\/","token":"55.1\/IV\/18\/3\/55.1-1831","metadata":false},{"id":66064,"structure_id":14602,"section_number":"55.1-1832","catch_line":"Use of technology","url":"\/55.1-1832\/","token":"55.1\/IV\/18\/3\/55.1-1832","metadata":false},{"id":74192,"structure_id":14602,"section_number":"55.1-1833","catch_line":"Lien for assessments; foreclosure","url":"\/55.1-1833\/","token":"55.1\/IV\/18\/3\/55.1-1833","metadata":false},{"id":74729,"structure_id":14602,"section_number":"55.1-1834","catch_line":"Notice of sale under deed of trust","url":"\/55.1-1834\/","token":"55.1\/IV\/18\/3\/55.1-1834","metadata":false},{"id":78030,"structure_id":14602,"section_number":"55.1-1835","catch_line":"Annual report by association","url":"\/55.1-1835\/","token":"55.1\/IV\/18\/3\/55.1-1835","metadata":false},{"id":63125,"structure_id":14602,"section_number":"55.1-1836","catch_line":"Condemnation of common area; procedure","url":"\/55.1-1836\/","token":"55.1\/IV\/18\/3\/55.1-1836","metadata":false},{"id":64074,"structure_id":14602,"section_number":"55.1-1837","catch_line":"Termination and duration of certain management contracts","url":"\/55.1-1837\/","token":"55.1\/IV\/18\/3\/55.1-1837","metadata":false}],"previous_section":{"id":68443,"structure_id":14602,"section_number":"55.1-1827","catch_line":"Deposit of funds; fidelity bond","url":"\/55.1-1827\/","token":"55.1\/IV\/18\/3\/55.1-1827","metadata":false},"next_section":{"id":58609,"structure_id":14602,"section_number":"55.1-1829","catch_line":"Amendment to declaration and bylaws; consent of mortgagee","url":"\/55.1-1829\/","token":"55.1\/IV\/18\/3\/55.1-1829","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-1828\/","history_text":"

This law was first created in 1989. The record of its establishment is cataloged in chapter 679 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1989 \u201cActs\u201d aren\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1993, chapter 956; in 2012, chapter 758<\/a>; in 2014, chapter 569<\/a>; in 2019, chapter 712<\/a>.<\/p>","references":[{"id":65878,"section_number":"55.1-1806","catch_line":"Rental of lots","order_by":null,"url":"\/55.1-1806\/"},{"id":54855,"section_number":"55.1-1807","catch_line":"Statement of lot owner rights","order_by":null,"url":"\/55.1-1807\/"}],"refers_to":[{"id":63842,"section_number":"8.01-382","catch_line":"Verdict, judgment or decree to fix period at which interest begins; final order; judgment or decree for interest","order_by":null,"url":"\/8.01-382\/"},{"id":80815,"section_number":"8.01-577","catch_line":"Submission of controversy; agreement to arbitrate; condition precedent to action","order_by":null,"url":"\/8.01-577\/"}],"permalink":{"id":246583,"object_type":"law","relational_id":72141,"identifier":"55.1-1828","token":"55.1\/IV\/18\/3\/55.1-1828","url":"\/55.1-1828\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-1828\/","token":"55.1\/IV\/18\/3\/55.1-1828","dublin_core":{"Title":"Compliance with declaration","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-1828","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Every lot owner<\/span>, and all those entitled to occupy a lot, shall comply with all lawful provisions of this chapter and all provisions of the declaration<\/span>. Any lack of such compliance shall be grounds for an action to recover sums due, for damages<\/span> or injunctive relief, or for any other remedy available at law<\/span> or in equity<\/span>, maintainable by the association<\/span> or by its board of directors<\/span> or any managing agent on behalf of such association<\/span> or, in any proper case, by one or more aggrieved lot owners<\/span> on their own behalf or as a class action<\/span>. Except as provided in subsection B, the prevailing party<\/span> shall be entitled to recover reasonable attorney fees, costs expended in the matter, and interest on the judgment<\/span> as provided in § 8.01-382<\/a>. This section shall not preclude an action against the association<\/span> and authorizes the recovery by the prevailing party<\/span> in any such action of reasonable attorney fees, costs expended in the matter, and interest on the judgment<\/span> as provided in § 8.01-382<\/a> in such actions. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In actions against a lot owner<\/span> for nonpayment of assessments in which the lot owner<\/span> has failed to pay assessments levied by the association<\/span> on more than one lot or in which such lot owner<\/span> has had legal actions taken against him for nonpayment of any prior assessment, and the prevailing party<\/span> is the association<\/span> or its board of directors<\/span> or any managing agent on behalf of the association<\/span>, the prevailing party<\/span> shall be awarded reasonable attorney fees, costs expended in the matter, and interest on the judgment<\/span> as provided in subsection A, even if the proceeding is settled prior to judgment<\/span>. The delinquent owner shall be personally responsible for reasonable attorney fees and costs expended in the matter by the association<\/span>, whether any judicial proceedings are filed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A declaration<\/span> may provide for arbitration of disputes or other means of alternative dispute resolution<\/span>. Any such arbitration held in accordance with this subsection shall be consistent with the provisions of this chapter and Chapter 21 (§ 8.01-577<\/a> et seq.) of Title 8.01. The place of any such arbitration or alternative dispute resolution<\/span> shall be in the county or city in which the development<\/span> is located, or as mutually agreed to by the parties. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOMPLIANCE WITH DECLARATION (\u00a7 55.1-1828)\n\nA. Every lot owner, and all those entitled to occupy a lot, shall comply with\nall lawful provisions of this chapter and all provisions of the declaration. Any\nlack of such compliance shall be grounds for an action to recover sums due, for\ndamages or injunctive relief, or for any other remedy available at law or in\nequity, maintainable by the association or by its board of directors or any\nmanaging agent on behalf of such association or, in any proper case, by one or\nmore aggrieved lot owners on their own behalf or as a class action. Except as\nprovided in subsection B, the prevailing party shall be entitled to recover\nreasonable attorney fees, costs expended in the matter, and interest on the\njudgment as provided in § 8.01-382. This section shall not preclude an\naction against the association and authorizes the recovery by the prevailing\nparty in any such action of reasonable attorney fees, costs expended in the\nmatter, and interest on the judgment as provided in § 8.01-382 in such\nactions.\n\nB. In actions against a lot owner for nonpayment of assessments in which the lot\nowner has failed to pay assessments levied by the association on more than one\nlot or in which such lot owner has had legal actions taken against him for\nnonpayment of any prior assessment, and the prevailing party is the association\nor its board of directors or any managing agent on behalf of the association,\nthe prevailing party shall be awarded reasonable attorney fees, costs expended\nin the matter, and interest on the judgment as provided in subsection A, even if\nthe proceeding is settled prior to judgment. The delinquent owner shall be\npersonally responsible for reasonable attorney fees and costs expended in the\nmatter by the association, whether any judicial proceedings are filed.\n\nC. A declaration may provide for arbitration of disputes or other means of\nalternative dispute resolution. Any such arbitration held in accordance with\nthis subsection shall be consistent with the provisions of this chapter and\nChapter 21 (§ 8.01-577 et seq.) of Title 8.01. The place of any such\narbitration or alternative dispute resolution shall be in the county or city in\nwhich the development is located, or as mutually agreed to by the parties.\n\nHISTORY: 1989, c. 679, \u00a7 55-515; 1993, c. 956; 2012, c. 758; 2014, c. 569;\n2019, c. 712.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}