{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-1964.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-1964.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-1964.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-1964.html"}],"law_id":86524,"edition_id":1,"section_id":86524,"structure_id":13236,"section_number":"55.1-1964","catch_line":"Liability for common expenses; late fees; additional assessment; authority to borrow","history":"1974, c. 416, \u00a7 55-79.83; 1977, c. 428; 1981, c. 180; 1984, cc. 27, 84, 601; 1992, c. 72; 1993, c. 667; 2003, c. 421; 2013, c. 256; 2014, c. 239; 2019, c. 712; 2024, c. 324.","full_text":"A\n\nExcept to the extent that the condominium instruments provide otherwise, any common expenses associated with the maintenance, repair, renovation, restoration, or replacement of any limited common element shall be specially assessed against the condominium unit to which that limited common element was assigned at the time such expenses were made or incurred. If the limited common element involved was assigned at that time to more than one condominium unit, however, such expenses shall be specially assessed against each such condominium unit equally so that the total of such special assessments equals the total of such expenses, except to the extent that the condominium instruments provide otherwise.B\n\nTo the extent that the condominium instruments expressly so provide, any other common expenses benefiting less than all of the condominium units, or caused by the conduct of less than all those entitled to occupy the same or by their licensees or invitees, shall be specially assessed against any condominium unit involved, in accordance with such reasonable provisions as the condominium instruments may make for such cases. The executive board may impose reasonable user fees.C\n\nTo the extent that the condominium instruments expressly so provide, (i) any common expenses paid or incurred in making available the same off-site amenities or paid subscription television service to some or all of the unit owners shall be assessed equally against the condominium units involved and (ii) any common expenses paid or incurred in providing metered utility services to some or all of the units shall be assessed against each condominium unit involved based on its actual consumption of such services.D\n\nThe amount of all common expenses not specially assessed pursuant to subsection A, B, or C shall be assessed against the condominium units in proportion to the number of votes in the unit owners’ association appertaining to each such unit, or, if such votes were allocated as provided in subsection B of § 55.1-1953, those common expense assessments shall be either in proportion to those votes or in proportion to the units’ respective undivided interests in the common elements, whichever basis the condominium instruments specify. Such assessments shall be made by the unit owners’ association annually, or more often if the condominium instruments so provide. No change in the number of votes in the unit owners’ association appertaining to any condominium unit shall enlarge, diminish, or otherwise affect any liabilities arising from assessments made prior to such change.E\n\nIn addition to all other assessments authorized in the condominium instruments, if the executive board determines that the assessments levied by the unit owners’ association are insufficient to cover the common expenses of the unit owners’ association, the executive board may levy an additional assessment against all of the units in proportion to their respective undivided interests in the common elements. The executive board shall give written notice to the unit owners stating the amount of, the reasons for, and the due date for payment of any additional assessment. If the additional assessment is to be paid in a lump sum, payment shall be due and payable no earlier than 90 days after delivery or mailing of the notice.F\n\nNeither a unit owned by the declarant nor any other unit may be exempted from assessments made pursuant to this section by reason of the identity of the unit owner.G\n\nAll condominium instruments for condominiums created prior to January 1, 1981, are hereby validated notwithstanding noncompliance with the first sentence of subsection D if they provide instead that the amount of all common expenses not specially assessed pursuant to subsection A, B, or C shall be assessed against the condominium units in proportion to their respective undivided interests in the common elements.H\n\nExcept to the extent that the condominium instruments or the association’s rules or regulations provide otherwise, an executive board may impose a late fee, not to exceed the penalty provided for in § 58.1-3915, for any assessment or installment that is not paid within 60 days of the due date for payment of such assessment or installment.I\n\nUnless the condominium instruments provide greater or lesser authority, the executive board may borrow money on behalf of the unit owners’ association for maintenance, replacement, repair, and restoration of capital components and for funding recommended reserves and shall have the right and power to assign and pledge all revenues to be received by the unit owners’ association, including annual assessments to secure the repayment of any sums borrowed by the unit owners’ association for such purposes. Any unit owner who pays any creditor of the association a percentage of the total amount due to such creditor equal to such unit owner’s common element interest in the condominium shall be entitled to obtain from such creditor a release of any judgment or lien that such creditor otherwise has the right to file against such unit owner’s condominium unit or the unit owners’ association. Such creditor shall not be entitled to assess the unit for payment of the remaining amount due such creditor.","order_by":null,"text":{"0":{"id":309900,"text":"Except to the extent that the condominium instruments provide otherwise, any common expenses associated with the maintenance, repair, renovation, restoration, or replacement of any limited common element shall be specially assessed against the condominium unit to which that limited common element was assigned at the time such expenses were made or incurred. If the limited common element involved was assigned at that time to more than one condominium unit, however, such expenses shall be specially assessed against each such condominium unit equally so that the total of such special assessments equals the total of such expenses, except to the extent that the condominium instruments provide otherwise.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":309901,"text":"To the extent that the condominium instruments expressly so provide, any other common expenses benefiting less than all of the condominium units, or caused by the conduct of less than all those entitled to occupy the same or by their licensees or invitees, shall be specially assessed against any condominium unit involved, in accordance with such reasonable provisions as the condominium instruments may make for such cases. The executive board may impose reasonable user fees.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":309902,"text":"To the extent that the condominium instruments expressly so provide, (i) any common expenses paid or incurred in making available the same off-site amenities or paid subscription television service to some or all of the unit owners shall be assessed equally against the condominium units involved and (ii) any common expenses paid or incurred in providing metered utility services to some or all of the units shall be assessed against each condominium unit involved based on its actual consumption of such services.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":309903,"text":"The amount of all common expenses not specially assessed pursuant to subsection A, B, or C shall be assessed against the condominium units in proportion to the number of votes in the unit owners’ association appertaining to each such unit, or, if such votes were allocated as provided in subsection B of § 55.1-1953, those common expense assessments shall be either in proportion to those votes or in proportion to the units’ respective undivided interests in the common elements, whichever basis the condominium instruments specify. Such assessments shall be made by the unit owners’ association annually, or more often if the condominium instruments so provide. No change in the number of votes in the unit owners’ association appertaining to any condominium unit shall enlarge, diminish, or otherwise affect any liabilities arising from assessments made prior to such change.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":309904,"text":"In addition to all other assessments authorized in the condominium instruments, if the executive board determines that the assessments levied by the unit owners’ association are insufficient to cover the common expenses of the unit owners’ association, the executive board may levy an additional assessment against all of the units in proportion to their respective undivided interests in the common elements. The executive board shall give written notice to the unit owners stating the amount of, the reasons for, and the due date for payment of any additional assessment. If the additional assessment is to be paid in a lump sum, payment shall be due and payable no earlier than 90 days after delivery or mailing of the notice.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":309905,"text":"Neither a unit owned by the declarant nor any other unit may be exempted from assessments made pursuant to this section by reason of the identity of the unit owner.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":309906,"text":"All condominium instruments for condominiums created prior to January 1, 1981, are hereby validated notwithstanding noncompliance with the first sentence of subsection D if they provide instead that the amount of all common expenses not specially assessed pursuant to subsection A, B, or C shall be assessed against the condominium units in proportion to their respective undivided interests in the common elements.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":309907,"text":"Except to the extent that the condominium instruments or the association’s rules or regulations provide otherwise, an executive board may impose a late fee, not to exceed the penalty provided for in § 58.1-3915, for any assessment or installment that is not paid within 60 days of the due date for payment of such assessment or installment.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":309908,"text":"Unless the condominium instruments provide greater or lesser authority, the executive board may borrow money on behalf of the unit owners’ association for maintenance, replacement, repair, and restoration of capital components and for funding recommended reserves and shall have the right and power to assign and pledge all revenues to be received by the unit owners’ association, including annual assessments to secure the repayment of any sums borrowed by the unit owners’ association for such purposes. Any unit owner who pays any creditor of the association a percentage of the total amount due to such creditor equal to such unit owner’s common element interest in the condominium shall be entitled to obtain from such creditor a release of any judgment or lien that such creditor otherwise has the right to file against such unit owner’s condominium unit or the unit owners’ association. Such creditor shall not be entitled to assess the unit for payment of the remaining amount due such creditor.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"ancestry":[{"id":13236,"edition_id":1,"name":"Management of Condominium","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":13018,"metadata":{},"date_created":"2026-06-26 03:44:30","date_modified":"2026-06-26 03:44:30","permalink":{"id":246789,"object_type":"structure","relational_id":13236,"identifier":"3","token":"55.1\/IV\/19\/3","url":"\/55.1\/IV\/19\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13018,"edition_id":1,"name":"Virginia Condominium Act","identifier":"19","label":"chapter","depth":3,"order_by":1,"parent_id":12914,"metadata":{},"date_created":"2026-06-26 03:44:09","date_modified":"2026-06-26 03:44:09","permalink":{"id":246623,"object_type":"structure","relational_id":13018,"identifier":"19","token":"55.1\/IV\/19","url":"\/55.1\/IV\/19\/","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":75299,"structure_id":13236,"section_number":"55.1-1940","catch_line":"Bylaws to be recorded with declaration; contents; unit owners' association; executive board; amendment of bylaws","url":"\/55.1-1940\/","token":"55.1\/IV\/19\/3\/55.1-1940","metadata":false},{"id":56162,"structure_id":13236,"section_number":"55.1-1940.1","catch_line":"Termination and duration of certain management contracts","url":"\/55.1-1940.1\/","token":"55.1\/IV\/19\/3\/55.1-1940.1","metadata":false},{"id":86301,"structure_id":13236,"section_number":"55.1-1941","catch_line":"Amendment to condominium instruments; consent of mortgagee","url":"\/55.1-1941\/","token":"55.1\/IV\/19\/3\/55.1-1941","metadata":false},{"id":77055,"structure_id":13236,"section_number":"55.1-1942","catch_line":"Reformation of declaration; judicial procedure","url":"\/55.1-1942\/","token":"55.1\/IV\/19\/3\/55.1-1942","metadata":false},{"id":84290,"structure_id":13236,"section_number":"55.1-1943","catch_line":"Control of condominium by declarant","url":"\/55.1-1943\/","token":"55.1\/IV\/19\/3\/55.1-1943","metadata":false},{"id":68952,"structure_id":13236,"section_number":"55.1-1944","catch_line":"Deposit of funds","url":"\/55.1-1944\/","token":"55.1\/IV\/19\/3\/55.1-1944","metadata":false},{"id":86875,"structure_id":13236,"section_number":"55.1-1945","catch_line":"Books, minutes, and records; inspection","url":"\/55.1-1945\/","token":"55.1\/IV\/19\/3\/55.1-1945","metadata":false},{"id":86155,"structure_id":13236,"section_number":"55.1-1946","catch_line":"Management office","url":"\/55.1-1946\/","token":"55.1\/IV\/19\/3\/55.1-1946","metadata":false},{"id":64177,"structure_id":13236,"section_number":"55.1-1947","catch_line":"Transfer of special declarant rights","url":"\/55.1-1947\/","token":"55.1\/IV\/19\/3\/55.1-1947","metadata":false},{"id":54240,"structure_id":13236,"section_number":"55.1-1948","catch_line":"Declarants not succeeding to special declarant rights","url":"\/55.1-1948\/","token":"55.1\/IV\/19\/3\/55.1-1948","metadata":false},{"id":76863,"structure_id":13236,"section_number":"55.1-1949","catch_line":"Meetings of unit owners' association and executive board","url":"\/55.1-1949\/","token":"55.1\/IV\/19\/3\/55.1-1949","metadata":false},{"id":64649,"structure_id":13236,"section_number":"55.1-1950","catch_line":"Distribution of information by members","url":"\/55.1-1950\/","token":"55.1\/IV\/19\/3\/55.1-1950","metadata":false},{"id":63730,"structure_id":13236,"section_number":"55.1-1951","catch_line":"Display of the flag of the United States; necessary supporting structures; affirmative defense","url":"\/55.1-1951\/","token":"55.1\/IV\/19\/3\/55.1-1951","metadata":false},{"id":80764,"structure_id":13236,"section_number":"55.1-1951.1","catch_line":"Installation of solar energy collection devices","url":"\/55.1-1951.1\/","token":"55.1\/IV\/19\/3\/55.1-1951.1","metadata":false},{"id":70408,"structure_id":13236,"section_number":"55.1-1952","catch_line":"Meetings of unit owners' association and executive board; quorums","url":"\/55.1-1952\/","token":"55.1\/IV\/19\/3\/55.1-1952","metadata":false},{"id":64764,"structure_id":13236,"section_number":"55.1-1953","catch_line":"Meetings of unit owners' association and executive board; voting by unit owners; proxies","url":"\/55.1-1953\/","token":"55.1\/IV\/19\/3\/55.1-1953","metadata":false},{"id":69473,"structure_id":13236,"section_number":"55.1-1954","catch_line":"Officers","url":"\/55.1-1954\/","token":"55.1\/IV\/19\/3\/55.1-1954","metadata":false},{"id":85997,"structure_id":13236,"section_number":"55.1-1955","catch_line":"Upkeep of condominiums; warranty against structural defects; statute of limitations for warranty; warranty review committee","url":"\/55.1-1955\/","token":"55.1\/IV\/19\/3\/55.1-1955","metadata":false},{"id":76691,"structure_id":13236,"section_number":"55.1-1956","catch_line":"Control of common elements","url":"\/55.1-1956\/","token":"55.1\/IV\/19\/3\/55.1-1956","metadata":false},{"id":86702,"structure_id":13236,"section_number":"55.1-1957","catch_line":"Common elements; notice of pesticide application","url":"\/55.1-1957\/","token":"55.1\/IV\/19\/3\/55.1-1957","metadata":false},{"id":66934,"structure_id":13236,"section_number":"55.1-1958","catch_line":"Tort and contract liability; judgment lien","url":"\/55.1-1958\/","token":"55.1\/IV\/19\/3\/55.1-1958","metadata":false},{"id":65547,"structure_id":13236,"section_number":"55.1-1959","catch_line":"Suspension of services for failure to pay assessments; corrective action; assessment of charges for violations; notice; hearing; adoption and enforcement of rules and regulations","url":"\/55.1-1959\/","token":"55.1\/IV\/19\/3\/55.1-1959","metadata":false},{"id":78546,"structure_id":13236,"section_number":"55.1-1960","catch_line":"Limitation of occupancy of a unit","url":"\/55.1-1960\/","token":"55.1\/IV\/19\/3\/55.1-1960","metadata":false},{"id":64065,"structure_id":13236,"section_number":"55.1-1960.1","catch_line":"Limitation of smoking in condominium","url":"\/55.1-1960.1\/","token":"55.1\/IV\/19\/3\/55.1-1960.1","metadata":false},{"id":62313,"structure_id":13236,"section_number":"55.1-1961","catch_line":"Use of for sale sign in connection with resale","url":"\/55.1-1961\/","token":"55.1\/IV\/19\/3\/55.1-1961","metadata":false},{"id":78887,"structure_id":13236,"section_number":"55.1-1962","catch_line":"Designation of authorized representative","url":"\/55.1-1962\/","token":"55.1\/IV\/19\/3\/55.1-1962","metadata":false},{"id":76748,"structure_id":13236,"section_number":"55.1-1962.1","catch_line":"Electric vehicle charging stations permitted","url":"\/55.1-1962.1\/","token":"55.1\/IV\/19\/3\/55.1-1962.1","metadata":false},{"id":71936,"structure_id":13236,"section_number":"55.1-1963","catch_line":"Insurance","url":"\/55.1-1963\/","token":"55.1\/IV\/19\/3\/55.1-1963","metadata":false},{"id":86524,"structure_id":13236,"section_number":"55.1-1964","catch_line":"Liability for common expenses; late fees; additional assessment; authority to borrow","url":"\/55.1-1964\/","token":"55.1\/IV\/19\/3\/55.1-1964","metadata":false},{"id":55038,"structure_id":13236,"section_number":"55.1-1965","catch_line":"Annual budget; reserve study; reserves for capital components","url":"\/55.1-1965\/","token":"55.1\/IV\/19\/3\/55.1-1965","metadata":false},{"id":86561,"structure_id":13236,"section_number":"55.1-1966","catch_line":"Lien for assessments; foreclosure","url":"\/55.1-1966\/","token":"55.1\/IV\/19\/3\/55.1-1966","metadata":false},{"id":82616,"structure_id":13236,"section_number":"55.1-1967","catch_line":"Notice of sale under deed of trust","url":"\/55.1-1967\/","token":"55.1\/IV\/19\/3\/55.1-1967","metadata":false},{"id":56723,"structure_id":13236,"section_number":"55.1-1968","catch_line":"Bond to be posted by declarant","url":"\/55.1-1968\/","token":"55.1\/IV\/19\/3\/55.1-1968","metadata":false},{"id":60552,"structure_id":13236,"section_number":"55.1-1969","catch_line":"Restraints on alienation","url":"\/55.1-1969\/","token":"55.1\/IV\/19\/3\/55.1-1969","metadata":false}],"previous_section":{"id":71936,"structure_id":13236,"section_number":"55.1-1963","catch_line":"Insurance","url":"\/55.1-1963\/","token":"55.1\/IV\/19\/3\/55.1-1963","metadata":false},"next_section":{"id":55038,"structure_id":13236,"section_number":"55.1-1965","catch_line":"Annual budget; reserve study; reserves for capital components","url":"\/55.1-1965\/","token":"55.1\/IV\/19\/3\/55.1-1965","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-1964\/","history_text":"

This law was first created in 1974. The record of its establishment is cataloged in chapter 416 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 1974 \u201cActs\u201d aren\u2019t available online. It has been modified 10 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 1977, chapter 428; in 1981, chapter 180; in 1984, chapters 27, 84, and 601; in 1992, chapter 72; in 1993, chapter 667; in 2003, chapter 421<\/a>; in 2013, chapter 256<\/a>; in 2014, chapter 239<\/a>; in 2019, chapter 712<\/a>; in 2024, chapter 324<\/a>.<\/p>","references":[{"id":75637,"section_number":"43-3","catch_line":"Lien for work done and materials furnished; waiver of right to file or enforce lien","order_by":null,"url":"\/43-3\/"},{"id":71923,"section_number":"55.1-1904","catch_line":"Association charges","order_by":null,"url":"\/55.1-1904\/"},{"id":60125,"section_number":"55.1-1908","catch_line":"Release of liens","order_by":null,"url":"\/55.1-1908\/"},{"id":85997,"section_number":"55.1-1955","catch_line":"Upkeep of condominiums; warranty against structural defects; statute of limitations for warranty; warranty review committee","order_by":null,"url":"\/55.1-1955\/"},{"id":66934,"section_number":"55.1-1958","catch_line":"Tort and contract liability; judgment lien","order_by":null,"url":"\/55.1-1958\/"}],"refers_to":[{"id":64764,"section_number":"55.1-1953","catch_line":"Meetings of unit owners' association and executive board; voting by unit owners; proxies","order_by":null,"url":"\/55.1-1953\/"},{"id":80829,"section_number":"58.1-3915","catch_line":"Penalty for failure to pay taxes by December 5","order_by":null,"url":"\/58.1-3915\/"}],"permalink":{"id":246903,"object_type":"law","relational_id":86524,"identifier":"55.1-1964","token":"55.1\/IV\/19\/3\/55.1-1964","url":"\/55.1-1964\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-1964\/","token":"55.1\/IV\/19\/3\/55.1-1964","dublin_core":{"Title":"Liability for common expenses; late fees; additional assessment; authority to borrow","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-1964","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except to the extent that the condominium instruments provide otherwise, any common expenses<\/span> associated with the maintenance, repair, renovation, restoration, or replacement of any limited common element<\/span> shall be specially assessed against the condominium unit<\/span> to which that limited common element<\/span> was assigned at the time such expenses were made or incurred. If the limited common element<\/span> involved was assigned at that time to more than one condominium unit<\/span>, however, such expenses shall be specially assessed against each such condominium unit<\/span> equally so that the total of such special assessments equals the total of such expenses, except to the extent that the condominium instruments provide otherwise. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> To the extent that the condominium instruments expressly so provide, any other common expenses<\/span> benefiting less than all of the condominium units<\/span>, or caused by the conduct of less than all those entitled to occupy the same or by their licensees or invitees, shall be specially assessed against any condominium unit<\/span> involved, in accordance with such reasonable provisions as the condominium instruments may make for such cases. The executive board<\/span> may impose reasonable user fees. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> To the extent that the condominium instruments expressly so provide, (i) any common expenses<\/span> paid or incurred in making available the same off-site amenities or paid subscription television service to some or all of the unit owners<\/span> shall be assessed equally against the condominium units<\/span> involved and (ii) any common expenses<\/span> paid or incurred in providing metered utility services to some or all of the units shall be assessed against each condominium unit<\/span> involved based on its actual consumption of such services. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The amount of all common expenses<\/span> not specially assessed pursuant to subsection A, B, or C shall be assessed against the condominium units<\/span> in proportion to the number of votes in the unit owners<\/span>’ association appertaining to each such unit, or, if such votes were allocated as provided in subsection B of § 55.1-1953<\/a>, those common expense assessments shall be either in proportion to those votes or in proportion to the units’ respective undivided interests in the common elements<\/span>, whichever basis the condominium instruments specify. Such assessments shall be made by the unit owners<\/span>’ association annually, or more often if the condominium instruments so provide. No change in the number of votes in the unit owners<\/span>’ association appertaining to any condominium unit<\/span> shall enlarge, diminish, or otherwise affect any liabilities arising from assessments made prior to such change. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> In addition to all other assessments authorized in the condominium instruments, if the executive board<\/span> determines that the assessments levied by the unit owners<\/span>’ association are insufficient to cover the common expenses<\/span> of the unit owners<\/span>’ association, the executive board<\/span> may levy<\/span> an additional assessment against all of the units in proportion to their respective undivided interests in the common elements<\/span>. The executive board<\/span> shall give written notice to the unit owners<\/span> stating the amount of, the reasons for, and the due date for payment of any additional assessment. If the additional assessment is to be paid in a lump sum, payment shall be due and payable no earlier than 90 days after delivery or mailing of the notice. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Neither a unit owned by the declarant<\/span> nor any other unit may be exempted from assessments made pursuant to this section by reason of the identity of the unit owner<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> All condominium instruments for condominiums<\/span> created prior to January 1, 1981, are hereby validated notwithstanding noncompliance with the first sentence of subsection D if they provide instead that the amount of all common expenses<\/span> not specially assessed pursuant to subsection A, B, or C shall be assessed against the condominium units<\/span> in proportion to their respective undivided interests in the common elements<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Except to the extent that the condominium instruments or the association’s rules or regulations provide otherwise, an executive board<\/span> may impose a late fee, not to exceed the penalty<\/span> provided for in § 58.1-3915<\/a>, for any assessment or installment that is not paid within 60 days of the due date for payment of such assessment or installment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Unless the condominium instruments provide greater or lesser authority, the executive board<\/span> may borrow money on behalf of the unit owners<\/span>’ association for maintenance, replacement, repair, and restoration of capital components<\/span> and for funding recommended reserves and shall have the right and power to assign and pledge all revenues to be received by the unit owners<\/span>’ association, including annual assessments to secure the repayment of any sums borrowed by the unit owners<\/span>’ association for such purposes. Any unit owner<\/span> who pays any creditor<\/span> of the association a percentage of the total amount due to such creditor<\/span> equal to such unit owner<\/span>’s common element interest in the condominium shall be entitled to obtain from such creditor<\/span> a release of any judgment<\/span> or lien<\/span> that such creditor<\/span> otherwise has the right to file against such unit owner<\/span>’s condominium unit<\/span> or the unit owners<\/span>’ association. Such creditor<\/span> shall not be entitled to assess the unit for payment of the remaining amount due such creditor<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLIABILITY FOR COMMON EXPENSES; LATE FEES; ADDITIONAL ASSESSMENT; AUTHORITY TO\nBORROW (\u00a7 55.1-1964)\n\nA. Except to the extent that the condominium instruments provide otherwise, any\ncommon expenses associated with the maintenance, repair, renovation,\nrestoration, or replacement of any limited common element shall be specially\nassessed against the condominium unit to which that limited common element was\nassigned at the time such expenses were made or incurred. If the limited common\nelement involved was assigned at that time to more than one condominium unit,\nhowever, such expenses shall be specially assessed against each such condominium\nunit equally so that the total of such special assessments equals the total of\nsuch expenses, except to the extent that the condominium instruments provide\notherwise.\n\nB. To the extent that the condominium instruments expressly so provide, any\nother common expenses benefiting less than all of the condominium units, or\ncaused by the conduct of less than all those entitled to occupy the same or by\ntheir licensees or invitees, shall be specially assessed against any condominium\nunit involved, in accordance with such reasonable provisions as the condominium\ninstruments may make for such cases. The executive board may impose reasonable\nuser fees.\n\nC. To the extent that the condominium instruments expressly so provide, (i) any\ncommon expenses paid or incurred in making available the same off-site amenities\nor paid subscription television service to some or all of the unit owners shall\nbe assessed equally against the condominium units involved and (ii) any common\nexpenses paid or incurred in providing metered utility services to some or all\nof the units shall be assessed against each condominium unit involved based on\nits actual consumption of such services.\n\nD. The amount of all common expenses not specially assessed pursuant to\nsubsection A, B, or C shall be assessed against the condominium units in\nproportion to the number of votes in the unit owners’ association\nappertaining to each such unit, or, if such votes were allocated as provided in\nsubsection B of § 55.1-1953, those common expense assessments shall be\neither in proportion to those votes or in proportion to the units’\nrespective undivided interests in the common elements, whichever basis the\ncondominium instruments specify. Such assessments shall be made by the unit\nowners’ association annually, or more often if the condominium instruments\nso provide. No change in the number of votes in the unit owners’\nassociation appertaining to any condominium unit shall enlarge, diminish, or\notherwise affect any liabilities arising from assessments made prior to such\nchange.\n\nE. In addition to all other assessments authorized in the condominium\ninstruments, if the executive board determines that the assessments levied by\nthe unit owners’ association are insufficient to cover the common expenses\nof the unit owners’ association, the executive board may levy an\nadditional assessment against all of the units in proportion to their respective\nundivided interests in the common elements. The executive board shall give\nwritten notice to the unit owners stating the amount of, the reasons for, and\nthe due date for payment of any additional assessment. If the additional\nassessment is to be paid in a lump sum, payment shall be due and payable no\nearlier than 90 days after delivery or mailing of the notice.\n\nF. Neither a unit owned by the declarant nor any other unit may be exempted from\nassessments made pursuant to this section by reason of the identity of the unit\nowner.\n\nG. All condominium instruments for condominiums created prior to January 1,\n1981, are hereby validated notwithstanding noncompliance with the first sentence\nof subsection D if they provide instead that the amount of all common expenses\nnot specially assessed pursuant to subsection A, B, or C shall be assessed\nagainst the condominium units in proportion to their respective undivided\ninterests in the common elements.\n\nH. Except to the extent that the condominium instruments or the\nassociation’s rules or regulations provide otherwise, an executive board\nmay impose a late fee, not to exceed the penalty provided for in §\n58.1-3915, for any assessment or installment that is not paid within 60 days of\nthe due date for payment of such assessment or installment.\n\nI. Unless the condominium instruments provide greater or lesser authority, the\nexecutive board may borrow money on behalf of the unit owners’ association\nfor maintenance, replacement, repair, and restoration of capital components and\nfor funding recommended reserves and shall have the right and power to assign\nand pledge all revenues to be received by the unit owners’ association,\nincluding annual assessments to secure the repayment of any sums borrowed by the\nunit owners’ association for such purposes. Any unit owner who pays any\ncreditor of the association a percentage of the total amount due to such\ncreditor equal to such unit owner’s common element interest in the\ncondominium shall be entitled to obtain from such creditor a release of any\njudgment or lien that such creditor otherwise has the right to file against such\nunit owner’s condominium unit or the unit owners’ association. Such\ncreditor shall not be entitled to assess the unit for payment of the remaining\namount due such creditor.\n\nHISTORY: 1974, c. 416, \u00a7 55-79.83; 1977, c. 428; 1981, c. 180; 1984, cc. 27,\n84, 601; 1992, c. 72; 1993, c. 667; 2003, c. 421; 2013, c. 256; 2014, c. 239;\n2019, c. 712; 2024, c. 324.","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}}