{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-1966.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-1966.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-1966.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-1966.html"}],"law_id":86561,"edition_id":1,"section_id":86561,"structure_id":13236,"section_number":"55.1-1966","catch_line":"Lien for assessments; foreclosure","history":"1974, c. 416, \u00a7 55-79.84; 1975, c. 415; 1991, c. 497; 1992, c. 72; 1997, cc. 760, 766; 2000, c. 906; 2004, cc. 778, 779, 786; 2019, c. 712; 2021, Sp. Sess. I, c. 489; 2024, cc. 55, 349.","full_text":"A\n\nThe unit owners’ association shall have a lien on each condominium unit for unpaid assessments levied against that condominium unit in accordance with the provisions of this chapter and all lawful provisions of the condominium instruments. The lien, once perfected, shall be prior to all other liens and encumbrances except (i) real estate tax liens on that condominium unit, (ii) liens and encumbrances recorded prior to the recordation of the declaration, and (iii) sums unpaid on any first mortgages or first deeds of trust recorded prior to the perfection of such lien for assessments and securing institutional lenders. The provisions of this subsection shall not affect the priority of mechanics’ and materialmen’s liens.B\n\nNotwithstanding any other provision of this section, or any other provision of law requiring documents to be recorded in the miscellaneous lien books or the deed books in the clerk’s office of any court, on or after July 1, 1974, all memoranda of liens arising under this section shall, in the discretion of the clerk, be recorded in the miscellaneous lien books or the deed books in such clerk’s office. Any such memorandum shall be indexed in the general index to deeds, and such general index shall identify the lien as a lien for condominium assessments.C\n\nIn order to perfect the lien given by this section, the unit owners’ association shall file a memorandum verified by the oath of the principal officer of the unit owners’ association, or such other officer as the condominium instruments may specify, before the expiration of 90 days from the time the first such assessment became due and payable. The memorandum shall be filed in the clerk’s office of the circuit court in the county or city in which such condominium is situated. The memorandum shall contain the following:1\n\nA description of the condominium unit in accordance with the provisions of § 55.1-1909.2\n\nThe name or names of the persons constituting the unit owners of that condominium unit.3\n\nThe amount of unpaid assessments currently due or past due together with the date when each fell due.4\n\nThe date of issuance of the memorandum.\n\t\t\t\tThe clerk in whose office such memorandum is filed shall record and index the memorandum as provided in subsection B, in the names of the persons identified in such memorandum as well as in the name of the unit owners’ association. The cost of recording such memorandum shall be taxed against the person found liable in any judgment enforcing such lien.D\n\nAny lien perfected pursuant to this section may be enforced by filing a civil action to conduct a judicial foreclosure in the circuit court in the county or city where the condominium is or a nonjudicial foreclosure pursuant to subsections I and J. No foreclosure of any lien perfected under this section shall be initiated after 120 months from the time when the memorandum of lien was recorded. The filing of a civil action to enforce any such lien by foreclosure through judicial means or issuance of notice of nonjudicial foreclosure under subdivision J 1 shall be regarded as the institution of an action under this section. Nothing in this subsection shall extend the time within which any such lien may be perfected.E\n\nThe judgment in an action brought pursuant to this section shall include reimbursement for costs and attorney fees of the prevailing party. If the unit owners’ association prevails, such unit owners’ association may also recover interest at the legal rate for the sums secured by the lien from the time each such sum became due and payable.F\n\nWhen payment or satisfaction is made of a debt secured by the lien perfected pursuant to subsection C, such lien shall be released in accordance with the provisions of § 55.1-339. Any lien that is not so released shall subject the lien creditor to the penalty set forth in subdivision B 1 of § 55.1-339. For the purposes of that section, the principal officer of the unit owners’ association, or such other officer as the condominium instruments may specify, shall be deemed the duly authorized agent of the lien creditor.G\n\nNothing in this section shall be construed to prohibit actions at law to recover sums for which subsection A creates a lien, maintainable pursuant to § 55.1-1915.H\n\nAny unit owner or purchaser of a condominium unit, having executed a contract for the disposition of such condominium unit, shall be entitled upon request to a recordable statement setting forth the amount of unpaid assessments currently levied against that unit. Such request shall be in writing, directed to the principal officer of the unit owners’ association or to such other officer as the condominium instruments may specify. Failure to furnish or make available such a statement within 10 days of the receipt of such request shall extinguish the lien created by subsection A as to the condominium unit involved. Such statement shall be binding on the unit owners’ association, the executive board, and every unit owner. Payment of a fee not exceeding $10 may be required as a prerequisite to the issuance of such a statement if the condominium instruments so provide.I\n\nThe unit owners’ association may conduct a judicial or nonjudicial foreclosure sale upon a unit against which the unit owners’ association has perfected one or more liens pursuant to this section if the total sums secured are in excess of $5,000, exclusive of attorney fees and costs. For purposes of this section, the unit owners’ association shall have the power both to sell and convey the unit and shall be deemed the unit owner’s statutory agent for the purpose of transferring title to the unit.J\n\nA nonjudicial foreclosure sale shall be conducted in compliance with the following:1\n\nThe unit owners’ association shall give notice to the unit owner prior to advertisement required by subdivision 4. The notice shall specify (i) the debt secured by the perfected lien; (ii) the action required to satisfy the debt secured by the perfected lien; (iii) the date, not less than 60 days from the date the notice is given to the unit owner, by which the debt secured by the lien must be satisfied; and (iv) that failure to satisfy the debt secured by the lien on or before the date specified in the notice may result in the sale of the unit. The notice shall further inform the unit owner of the right to bring a court action in the circuit court of the county or city where the condominium is located to assert the nonexistence of a debt or any other defense of the unit owner to the sale.2\n\nAfter expiration of the 60-day notice period provided in subdivision 1, the unit owners’ association may appoint a trustee to conduct the sale. The appointment of the trustee shall be filed in the clerk’s office of the circuit court in the county or city in which the condominium is located. The clerk in whose office such appointment is filed shall record and index the appointment as provided in subsection C, in the names of the persons identified therein as well as in the name of the unit owners’ association. The unit owners’ association, at its option, may from time to time remove the trustee and appoint a successor trustee.3\n\nIf the unit owner meets the conditions specified in this subdivision prior to the date of the foreclosure sale, the unit owner shall have the right to have enforcement of the perfected lien discontinued prior to the sale of the unit. Those conditions are that the unit owner (a) satisfy the debt secured by lien that is the subject of the nonjudicial foreclosure sale and (b) pays all expenses and costs incurred in perfecting and enforcing the lien, including advertising costs and reasonable attorney fees.4\n\nIn addition to the advertisement required by subdivision 5, the unit owners’ association shall give written notice of the time, date, and place of any proposed sale in execution of the lien, and shall include the name, address, and telephone number of the trustee, by personal delivery or by mail to (i) the present owner of the condominium unit to be sold at his last known address as such owner and address appear in the records of the unit owners’ association, (ii) any lienholder who holds a note against the condominium unit secured by a deed of trust recorded at least 30 days prior to the proposed sale and whose address is recorded with the deed of trust, and (iii) any assignee of such a note secured by a deed of trust provided the assignment and address of the assignee are likewise recorded at least 30 days prior to the proposed sale. Mailing a copy of the advertisement or the notice containing the same information to the owner by certified or registered mail no less than 14 days prior to such sale and to the lienholders and their assigns, at the addresses noted in the memorandum of lien, by ordinary mail no less than 14 days prior to such sale shall be a sufficient compliance with the requirement of notice.5\n\nThe advertisement of sale by the unit owners’ association shall be in a newspaper having a general circulation in the locality in which the condominium unit to be sold, or any portion of such unit, is located pursuant to the following provisions:\n\t\t\t\ta. The unit owners’ association shall advertise once a week for four successive weeks; however, if the condominium unit or some portion of such unit is located in a city or in a county immediately contiguous to a city, publication of the advertisement five different days, which may be consecutive days, shall be deemed adequate. The sale shall be held on any day following the day of the last advertisement that is no earlier than eight days following the first advertisement nor more than 30 days following the last advertisement.\n\t\t\t\tb. Such advertisement shall be placed in that section of the newspaper where legal notices appear or where the type of property being sold is generally advertised for sale. The advertisement of sale, in addition to such other matters as the unit owners’ association finds appropriate, shall set forth a description of the condominium unit to be sold, which description need not be as extensive as that contained in the deed of trust but shall identify the condominium unit by street address, if any, or, if none, shall give the general location of the condominium unit with reference to streets, routes, or known landmarks. Where available, tax map identification may be used but is not required. The advertisement shall also include the date, time, place, and terms of sale and the name of the unit owners’ association. The advertisement shall set forth the name, address, and telephone number of the representative, agent, or attorney who may be able to respond to inquiries concerning the sale.\n\t\t\t\tc. In addition to the advertisement required by subdivisions a and b, the unit owners’ association may give such other further and different advertisement as the association finds appropriate.6\n\nIn the event of postponement of a sale, which postponement shall be at the discretion of the unit owners’ association, advertisement of such postponed sale shall be in the same manner as the original advertisement of sale.7\n\nFailure to comply with the requirements for advertisement contained in this section shall, upon petition, render a sale of the condominium unit voidable by the court.8\n\nIn the event of a sale, the unit owners’ association shall have the following powers and duties:\n\t\t\t\ta. Written one-price bids may be made and shall be received by the trustee from the unit owners’ association or any person for entry by announcement at the sale. Any person other than the trustee may bid at the foreclosure sale, including a person who has submitted a written one-price bid. Upon request to the trustee, any other bidder in attendance at a foreclosure sale shall be permitted to inspect written bids. Unless otherwise provided in the condominium instruments, the unit owners’ association may bid to purchase the unit at a foreclosure sale. The unit owners’ association may own, lease, encumber, exchange, sell, or convey the unit. Whenever the written bid of the unit owners’ association is the highest bid submitted at the sale, such written bid shall be filed by the trustee with his account of sale required under subdivision 10 of this subsection and § 64.2-1309. The written bid submitted pursuant to this subsection may be prepared by the unit owners’ association or its agent or attorney.\n\t\t\t\tb. The unit owners’ association may require of any bidder at any sale a cash deposit of as much as 10 percent of the sale price before his bid is received, which shall be refunded to him if the condominium unit is not sold to him. The deposit of the successful bidder shall be applied to his credit at settlement, or if such bidder fails to complete his purchase promptly, the deposit shall be applied to pay the costs and expenses of the sale, and the balance, if any, shall be retained by the unit owners’ association in connection with that sale.\n\t\t\t\tc. The unit owners’ association shall receive and receipt for the proceeds of sale, no purchaser being required to see to the application of the proceeds, and apply the same in the following order: first, to the reasonable expenses of sale, including reasonable attorney fees; second, to the satisfaction of all taxes, levies, and assessments, with costs and interest; third, to the satisfaction of the lien for the unit owners’ assessments; fourth, to the satisfaction in the order of priority of any remaining inferior claims of record; and fifth, to pay the residue of the proceeds to the unit owner or his assigns, provided, however, that the association as to such residue shall not be bound by any inheritance, devise, conveyance, assignment, or lien of or upon the unit owner’s equity, without actual notice of such encumbrance prior to distribution.9\n\nThe trustee shall deliver to the purchaser a trustee’s deed conveying the unit with special warranty of title. The trustee shall not be required to take possession of the condominium unit prior to the sale or to deliver possession of the unit to the purchaser at the sale.10\n\nThe trustee shall file an accounting of the sale with the commissioner of accounts pursuant to § 64.2-1309 and every account of a sale shall be recorded pursuant to § 64.2-1310. In addition, the accounting shall be made available for inspection and copying pursuant to § 55.1-1945 upon the written request of the prior unit owner, current unit owner, or any holder of a recorded lien against the unit at the time of the sale. The unit owners’ association shall maintain a copy of the accounting for at least 12 months following the foreclosure sale.11\n\nIf the sale of a unit is made pursuant to this subsection and the accounting is made by the trustee, the title of the purchaser at such sale shall not be disturbed unless within 12 months from the confirmation of the accounting by the commissioner of accounts, the sale is set aside by the court or an appeal is filed in the Court of Appeals or granted by the Supreme Court and an order is entered requiring such sale to be set aside.","order_by":null,"text":{"0":{"id":310038,"text":"The unit owners’ association shall have a lien on each condominium unit for unpaid assessments levied against that condominium unit in accordance with the provisions of this chapter and all lawful provisions of the condominium instruments. The lien, once perfected, shall be prior to all other liens and encumbrances except (i) real estate tax liens on that condominium unit, (ii) liens and encumbrances recorded prior to the recordation of the declaration, and (iii) sums unpaid on any first mortgages or first deeds of trust recorded prior to the perfection of such lien for assessments and securing institutional lenders. The provisions of this subsection shall not affect the priority of mechanics’ and materialmen’s liens.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":310039,"text":"Notwithstanding any other provision of this section, or any other provision of law requiring documents to be recorded in the miscellaneous lien books or the deed books in the clerk’s office of any court, on or after July 1, 1974, all memoranda of liens arising under this section shall, in the discretion of the clerk, be recorded in the miscellaneous lien books or the deed books in such clerk’s office. Any such memorandum shall be indexed in the general index to deeds, and such general index shall identify the lien as a lien for condominium assessments.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":310040,"text":"In order to perfect the lien given by this section, the unit owners’ association shall file a memorandum verified by the oath of the principal officer of the unit owners’ association, or such other officer as the condominium instruments may specify, before the expiration of 90 days from the time the first such assessment became due and payable. The memorandum shall be filed in the clerk’s office of the circuit court in the county or city in which such condominium is situated. The memorandum shall contain the following:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":310041,"text":"A description of the condominium unit in accordance with the provisions of § 55.1-1909.","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":310042,"text":"The name or names of the persons constituting the unit owners of that condominium unit.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":310043,"text":"The amount of unpaid assessments currently due or past due together with the date when each fell due.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"6":{"id":310044,"text":"The date of issuance of the memorandum.\n\t\t\t\tThe clerk in whose office such memorandum is filed shall record and index the memorandum as provided in subsection B, in the names of the persons identified in such memorandum as well as in the name of the unit owners’ association. The cost of recording such memorandum shall be taxed against the person found liable in any judgment enforcing such lien.","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"D"},"7":{"id":310045,"text":"Any lien perfected pursuant to this section may be enforced by filing a civil action to conduct a judicial foreclosure in the circuit court in the county or city where the condominium is or a nonjudicial foreclosure pursuant to subsections I and J. No foreclosure of any lien perfected under this section shall be initiated after 120 months from the time when the memorandum of lien was recorded. The filing of a civil action to enforce any such lien by foreclosure through judicial means or issuance of notice of nonjudicial foreclosure under subdivision J 1 shall be regarded as the institution of an action under this section. Nothing in this subsection shall extend the time within which any such lien may be perfected.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C4","next_prefix":"E"},"8":{"id":310046,"text":"The judgment in an action brought pursuant to this section shall include reimbursement for costs and attorney fees of the prevailing party. If the unit owners’ association prevails, such unit owners’ association may also recover interest at the legal rate for the sums secured by the lien from the time each such sum became due and payable.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"9":{"id":310047,"text":"When payment or satisfaction is made of a debt secured by the lien perfected pursuant to subsection C, such lien shall be released in accordance with the provisions of § 55.1-339. Any lien that is not so released shall subject the lien creditor to the penalty set forth in subdivision B 1 of § 55.1-339. For the purposes of that section, the principal officer of the unit owners’ association, or such other officer as the condominium instruments may specify, shall be deemed the duly authorized agent of the lien creditor.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"10":{"id":310048,"text":"Nothing in this section shall be construed to prohibit actions at law to recover sums for which subsection A creates a lien, maintainable pursuant to § 55.1-1915.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"11":{"id":310049,"text":"Any unit owner or purchaser of a condominium unit, having executed a contract for the disposition of such condominium unit, shall be entitled upon request to a recordable statement setting forth the amount of unpaid assessments currently levied against that unit. Such request shall be in writing, directed to the principal officer of the unit owners’ association or to such other officer as the condominium instruments may specify. Failure to furnish or make available such a statement within 10 days of the receipt of such request shall extinguish the lien created by subsection A as to the condominium unit involved. Such statement shall be binding on the unit owners’ association, the executive board, and every unit owner. Payment of a fee not exceeding $10 may be required as a prerequisite to the issuance of such a statement if the condominium instruments so provide.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"12":{"id":310050,"text":"The unit owners’ association may conduct a judicial or nonjudicial foreclosure sale upon a unit against which the unit owners’ association has perfected one or more liens pursuant to this section if the total sums secured are in excess of $5,000, exclusive of attorney fees and costs. For purposes of this section, the unit owners’ association shall have the power both to sell and convey the unit and shall be deemed the unit owner’s statutory agent for the purpose of transferring title to the unit.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"13":{"id":310051,"text":"A nonjudicial foreclosure sale shall be conducted in compliance with the following:","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"J1"},"14":{"id":310052,"text":"The unit owners’ association shall give notice to the unit owner prior to advertisement required by subdivision 4. The notice shall specify (i) the debt secured by the perfected lien; (ii) the action required to satisfy the debt secured by the perfected lien; (iii) the date, not less than 60 days from the date the notice is given to the unit owner, by which the debt secured by the lien must be satisfied; and (iv) that failure to satisfy the debt secured by the lien on or before the date specified in the notice may result in the sale of the unit. The notice shall further inform the unit owner of the right to bring a court action in the circuit court of the county or city where the condominium is located to assert the nonexistence of a debt or any other defense of the unit owner to the sale.","type":"section","prefixes":["J","1"],"prefix":"1","entire_prefix":"J1","prefix_anchor":"J1","level":2,"prior_prefix":"J","next_prefix":"J2"},"15":{"id":310053,"text":"After expiration of the 60-day notice period provided in subdivision 1, the unit owners’ association may appoint a trustee to conduct the sale. The appointment of the trustee shall be filed in the clerk’s office of the circuit court in the county or city in which the condominium is located. The clerk in whose office such appointment is filed shall record and index the appointment as provided in subsection C, in the names of the persons identified therein as well as in the name of the unit owners’ association. The unit owners’ association, at its option, may from time to time remove the trustee and appoint a successor trustee.","type":"section","prefixes":["J","2"],"prefix":"2","entire_prefix":"J2","prefix_anchor":"J2","level":2,"prior_prefix":"J1","next_prefix":"J3"},"16":{"id":310054,"text":"If the unit owner meets the conditions specified in this subdivision prior to the date of the foreclosure sale, the unit owner shall have the right to have enforcement of the perfected lien discontinued prior to the sale of the unit. Those conditions are that the unit owner (a) satisfy the debt secured by lien that is the subject of the nonjudicial foreclosure sale and (b) pays all expenses and costs incurred in perfecting and enforcing the lien, including advertising costs and reasonable attorney fees.","type":"section","prefixes":["J","3"],"prefix":"3","entire_prefix":"J3","prefix_anchor":"J3","level":2,"prior_prefix":"J2","next_prefix":"J4"},"17":{"id":310055,"text":"In addition to the advertisement required by subdivision 5, the unit owners’ association shall give written notice of the time, date, and place of any proposed sale in execution of the lien, and shall include the name, address, and telephone number of the trustee, by personal delivery or by mail to (i) the present owner of the condominium unit to be sold at his last known address as such owner and address appear in the records of the unit owners’ association, (ii) any lienholder who holds a note against the condominium unit secured by a deed of trust recorded at least 30 days prior to the proposed sale and whose address is recorded with the deed of trust, and (iii) any assignee of such a note secured by a deed of trust provided the assignment and address of the assignee are likewise recorded at least 30 days prior to the proposed sale. Mailing a copy of the advertisement or the notice containing the same information to the owner by certified or registered mail no less than 14 days prior to such sale and to the lienholders and their assigns, at the addresses noted in the memorandum of lien, by ordinary mail no less than 14 days prior to such sale shall be a sufficient compliance with the requirement of notice.","type":"section","prefixes":["J","4"],"prefix":"4","entire_prefix":"J4","prefix_anchor":"J4","level":2,"prior_prefix":"J3","next_prefix":"J5"},"18":{"id":310056,"text":"The advertisement of sale by the unit owners’ association shall be in a newspaper having a general circulation in the locality in which the condominium unit to be sold, or any portion of such unit, is located pursuant to the following provisions:\n\t\t\t\ta. The unit owners’ association shall advertise once a week for four successive weeks; however, if the condominium unit or some portion of such unit is located in a city or in a county immediately contiguous to a city, publication of the advertisement five different days, which may be consecutive days, shall be deemed adequate. The sale shall be held on any day following the day of the last advertisement that is no earlier than eight days following the first advertisement nor more than 30 days following the last advertisement.\n\t\t\t\tb. Such advertisement shall be placed in that section of the newspaper where legal notices appear or where the type of property being sold is generally advertised for sale. The advertisement of sale, in addition to such other matters as the unit owners’ association finds appropriate, shall set forth a description of the condominium unit to be sold, which description need not be as extensive as that contained in the deed of trust but shall identify the condominium unit by street address, if any, or, if none, shall give the general location of the condominium unit with reference to streets, routes, or known landmarks. Where available, tax map identification may be used but is not required. The advertisement shall also include the date, time, place, and terms of sale and the name of the unit owners’ association. The advertisement shall set forth the name, address, and telephone number of the representative, agent, or attorney who may be able to respond to inquiries concerning the sale.\n\t\t\t\tc. In addition to the advertisement required by subdivisions a and b, the unit owners’ association may give such other further and different advertisement as the association finds appropriate.","type":"section","prefixes":["J","5"],"prefix":"5","entire_prefix":"J5","prefix_anchor":"J5","level":2,"prior_prefix":"J4","next_prefix":"J6"},"19":{"id":310057,"text":"In the event of postponement of a sale, which postponement shall be at the discretion of the unit owners’ association, advertisement of such postponed sale shall be in the same manner as the original advertisement of sale.","type":"section","prefixes":["J","6"],"prefix":"6","entire_prefix":"J6","prefix_anchor":"J6","level":2,"prior_prefix":"J5","next_prefix":"J7"},"20":{"id":310058,"text":"Failure to comply with the requirements for advertisement contained in this section shall, upon petition, render a sale of the condominium unit voidable by the court.","type":"section","prefixes":["J","7"],"prefix":"7","entire_prefix":"J7","prefix_anchor":"J7","level":2,"prior_prefix":"J6","next_prefix":"J8"},"21":{"id":310059,"text":"In the event of a sale, the unit owners’ association shall have the following powers and duties:\n\t\t\t\ta. Written one-price bids may be made and shall be received by the trustee from the unit owners’ association or any person for entry by announcement at the sale. Any person other than the trustee may bid at the foreclosure sale, including a person who has submitted a written one-price bid. Upon request to the trustee, any other bidder in attendance at a foreclosure sale shall be permitted to inspect written bids. Unless otherwise provided in the condominium instruments, the unit owners’ association may bid to purchase the unit at a foreclosure sale. The unit owners’ association may own, lease, encumber, exchange, sell, or convey the unit. Whenever the written bid of the unit owners’ association is the highest bid submitted at the sale, such written bid shall be filed by the trustee with his account of sale required under subdivision 10 of this subsection and § 64.2-1309. The written bid submitted pursuant to this subsection may be prepared by the unit owners’ association or its agent or attorney.\n\t\t\t\tb. The unit owners’ association may require of any bidder at any sale a cash deposit of as much as 10 percent of the sale price before his bid is received, which shall be refunded to him if the condominium unit is not sold to him. The deposit of the successful bidder shall be applied to his credit at settlement, or if such bidder fails to complete his purchase promptly, the deposit shall be applied to pay the costs and expenses of the sale, and the balance, if any, shall be retained by the unit owners’ association in connection with that sale.\n\t\t\t\tc. The unit owners’ association shall receive and receipt for the proceeds of sale, no purchaser being required to see to the application of the proceeds, and apply the same in the following order: first, to the reasonable expenses of sale, including reasonable attorney fees; second, to the satisfaction of all taxes, levies, and assessments, with costs and interest; third, to the satisfaction of the lien for the unit owners’ assessments; fourth, to the satisfaction in the order of priority of any remaining inferior claims of record; and fifth, to pay the residue of the proceeds to the unit owner or his assigns, provided, however, that the association as to such residue shall not be bound by any inheritance, devise, conveyance, assignment, or lien of or upon the unit owner’s equity, without actual notice of such encumbrance prior to distribution.","type":"section","prefixes":["J","8"],"prefix":"8","entire_prefix":"J8","prefix_anchor":"J8","level":2,"prior_prefix":"J7","next_prefix":"J9"},"22":{"id":310060,"text":"The trustee shall deliver to the purchaser a trustee’s deed conveying the unit with special warranty of title. The trustee shall not be required to take possession of the condominium unit prior to the sale or to deliver possession of the unit to the purchaser at the sale.","type":"section","prefixes":["J","9"],"prefix":"9","entire_prefix":"J9","prefix_anchor":"J9","level":2,"prior_prefix":"J8","next_prefix":"J10"},"23":{"id":310061,"text":"The trustee shall file an accounting of the sale with the commissioner of accounts pursuant to § 64.2-1309 and every account of a sale shall be recorded pursuant to § 64.2-1310. In addition, the accounting shall be made available for inspection and copying pursuant to § 55.1-1945 upon the written request of the prior unit owner, current unit owner, or any holder of a recorded lien against the unit at the time of the sale. The unit owners’ association shall maintain a copy of the accounting for at least 12 months following the foreclosure sale.","type":"section","prefixes":["J","10"],"prefix":"10","entire_prefix":"J10","prefix_anchor":"J10","level":2,"prior_prefix":"J9","next_prefix":"J11"},"24":{"id":310062,"text":"If the sale of a unit is made pursuant to this subsection and the accounting is made by the trustee, the title of the purchaser at such sale shall not be disturbed unless within 12 months from the confirmation of the accounting by the commissioner of accounts, the sale is set aside by the court or an appeal is filed in the Court of Appeals or granted by the Supreme Court and an order is entered requiring such sale to be set aside.","type":"section","prefixes":["J","11"],"prefix":"11","entire_prefix":"J11","prefix_anchor":"J11","level":2,"prior_prefix":"J10"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-1966\/","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 8 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 1975, chapter 415; in 1991, chapter 497; in 1992, chapter 72; in 1997, chapters 760<\/a> and 766<\/a>; in 2000, chapter 906<\/a>; in 2004, chapters 778<\/a>, 779<\/a>, and 786<\/a>; in 2019, chapter 712<\/a>; in 2024, chapters 55<\/a> and 349<\/a>.<\/p>","references":[{"id":60125,"section_number":"55.1-1908","catch_line":"Release of liens","order_by":null,"url":"\/55.1-1908\/"},{"id":65547,"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","order_by":null,"url":"\/55.1-1959\/"},{"id":82152,"section_number":"55.1-321","catch_line":"Notices required before sale by trustee to owners, lienors, etc.; if note lost","order_by":null,"url":"\/55.1-321\/"}],"refers_to":[{"id":86875,"section_number":"55.1-1945","catch_line":"Books, minutes, and records; inspection","order_by":null,"url":"\/55.1-1945\/"},{"id":82066,"section_number":"55.1-339","catch_line":"Release of deed of trust or other lien","order_by":null,"url":"\/55.1-339\/"},{"id":68866,"section_number":"64.2-1309","catch_line":"Accounts of sales under deeds of trust","order_by":null,"url":"\/64.2-1309\/"},{"id":71524,"section_number":"64.2-1310","catch_line":"Recordation of inventories and accounts of sales","order_by":null,"url":"\/64.2-1310\/"}],"permalink":{"id":246911,"object_type":"law","relational_id":86561,"identifier":"55.1-1966","token":"55.1\/IV\/19\/3\/55.1-1966","url":"\/55.1-1966\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-1966\/","token":"55.1\/IV\/19\/3\/55.1-1966","dublin_core":{"Title":"Lien for assessments; foreclosure","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-1966","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The unit owners<\/span>’ association shall have a lien<\/span> on each condominium unit<\/span> for unpaid assessments levied against that condominium unit<\/span> in accordance with the provisions of this chapter and all lawful provisions of the condominium instruments. The lien<\/span>, once perfected, shall be prior to all other liens<\/span> and encumbrances except (i) real estate tax liens<\/span> on that condominium unit<\/span>, (ii) liens<\/span> and encumbrances recorded prior to the recordation of the declaration, and (iii) sums unpaid on any first mortgages or first deeds of trust recorded prior to the perfection of such lien<\/span> for assessments and securing institutional lenders<\/span>. The provisions of this subsection shall not affect the priority of mechanics’ and materialmen’s liens<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Notwithstanding any other provision of this section, or any other provision of law<\/span> requiring documents to be recorded in the miscellaneous lien<\/span> books or the deed books in the clerk’s office of any court<\/span>, on or after July 1, 1974, all memoranda of liens<\/span> arising under this section shall, in the discretion of the clerk, be recorded in the miscellaneous lien<\/span> books or the deed books in such clerk’s office. Any such memorandum<\/span> shall be indexed in the general index to deeds, and such general index shall identify the lien<\/span> as a lien<\/span> for condominium assessments. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In order<\/span> to perfect the lien<\/span> given by this section, the unit owners<\/span>’ association shall file a memorandum<\/span> verified by the oath<\/span> of the principal officer<\/span> of the unit owners<\/span>’ association, or such other officer<\/span> as the condominium instruments may specify, before the expiration of 90 days from the time the first such assessment became due and payable. The memorandum<\/span> shall be filed in the clerk’s office of the circuit<\/span> court<\/span> in the county or city in which such condominium is situated. The memorandum<\/span> shall contain the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A description of the condominium unit<\/span> in accordance with the provisions of § 55.1-1909<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The name or names of the persons<\/span> constituting the unit owners<\/span> of that condominium unit<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The amount of unpaid assessments currently due or past due together with the date when each fell due. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The date of issuance of the memorandum<\/span>.\n\t\t\t\tThe clerk in whose office such memorandum<\/span> is filed shall record and index the memorandum<\/span> as provided in subsection B, in the names of the persons<\/span> identified in such memorandum<\/span> as well as in the name of the unit owners<\/span>’ association. The cost of recording such memorandum<\/span> shall be taxed against the person<\/span> found liable in any judgment<\/span> enforcing such lien<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any lien<\/span> perfected pursuant to this section may be enforced by filing a civil action<\/span> to conduct a judicial foreclosure in the circuit<\/span> court<\/span> in the county or city where the condominium is or a nonjudicial foreclosure pursuant to subsections I and J. No foreclosure of any lien<\/span> perfected under this section shall be initiated after 120 months from the time when the memorandum<\/span> of lien<\/span> was recorded. The filing of a civil action<\/span> to enforce any such lien<\/span> by foreclosure through judicial means or issuance of notice of nonjudicial foreclosure under subdivision J 1 shall be regarded as the institution of an action under this section. Nothing in this subsection shall extend the time within which any such lien<\/span> may be perfected. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The judgment<\/span> in an action brought pursuant to this section shall include reimbursement for costs and attorney fees of the prevailing party<\/span>. If the unit owners<\/span>’ association prevails, such unit owners<\/span>’ association may also recover interest at the legal rate for the sums secured by the lien<\/span> from the time each such sum became due and payable. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> When payment or satisfaction is made of a debt secured by the lien<\/span> perfected pursuant to subsection C, such lien<\/span> shall be released in accordance with the provisions of § 55.1-339<\/a>. Any lien<\/span> that is not so released shall subject the lien<\/span> creditor<\/span> to the penalty<\/span> set forth in subdivision B 1 of § 55.1-339<\/a>. For the purposes of that section, the principal officer<\/span> of the unit owners<\/span>’ association, or such other officer<\/span> as the condominium instruments may specify, shall be deemed the duly authorized agent of the lien<\/span> creditor<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Nothing in this section shall be construed to prohibit actions at law<\/span> to recover sums for which subsection A creates a lien<\/span>, maintainable pursuant to § 55.1-1915<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Any unit owner<\/span> or purchaser<\/span> of a condominium unit<\/span>, having executed a contract<\/span> for the disposition<\/span> of such condominium unit<\/span>, shall be entitled upon request to a recordable statement setting forth the amount of unpaid assessments currently levied against that unit. Such request shall be in writing, directed to the principal officer<\/span> of the unit owners<\/span>’ association or to such other officer<\/span> as the condominium instruments may specify. Failure to furnish or make available such a statement within 10 days of the receipt of such request shall extinguish the lien<\/span> created by subsection A as to the condominium unit<\/span> involved. Such statement shall be binding on the unit owners<\/span>’ association, the executive board<\/span>, and every unit owner<\/span>. Payment of a fee not exceeding $10 may be required as a prerequisite to the issuance of such a statement if the condominium instruments so provide. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> The unit owners<\/span>’ association may conduct a judicial or nonjudicial foreclosure sale upon a unit against which the unit owners<\/span>’ association has perfected one or more liens<\/span> pursuant to this section if the total sums secured are in excess of $5,000, exclusive of attorney fees and costs. For purposes of this section, the unit owners<\/span>’ association shall have the power both to sell and convey the unit and shall be deemed the unit owner<\/span>’s statutory agent for the purpose of transferring title to the unit. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> A nonjudicial foreclosure sale shall be conducted in compliance with the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The unit owners<\/span>’ association shall give notice to the unit owner<\/span> prior to advertisement required by subdivision 4. The notice shall specify (i) the debt secured by the perfected lien<\/span>; (ii) the action required to satisfy the debt secured by the perfected lien<\/span>; (iii) the date, not less than 60 days from the date the notice is given to the unit owner<\/span>, by which the debt secured by the lien<\/span> must be satisfied; and (iv) that failure to satisfy the debt secured by the lien<\/span> on or before the date specified in the notice may result in the sale of the unit. The notice shall further inform the unit owner<\/span> of the right to bring a court<\/span> action in the circuit<\/span> court<\/span> of the county or city where the condominium is located to assert the nonexistence of a debt or any other defense of the unit owner<\/span> to the sale. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> After expiration of the 60-day notice period provided in subdivision 1, the unit owners<\/span>’ association may appoint a trustee to conduct the sale. The appointment of the trustee shall be filed in the clerk’s office of the circuit<\/span> court<\/span> in the county or city in which the condominium is located. The clerk in whose office such appointment is filed shall record and index the appointment as provided in subsection C, in the names of the persons<\/span> identified therein as well as in the name of the unit owners<\/span>’ association. The unit owners<\/span>’ association, at its option, may from time to time remove the trustee and appoint a successor trustee. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> If the unit owner<\/span> meets the conditions specified in this subdivision prior to the date of the foreclosure sale, the unit owner<\/span> shall have the right to have enforcement of the perfected lien<\/span> discontinued prior to the sale of the unit. Those conditions are that the unit owner<\/span> (a) satisfy the debt secured by lien<\/span> that is the subject of the nonjudicial foreclosure sale and (b) pays all expenses and costs incurred in perfecting and enforcing the lien<\/span>, including advertising costs and reasonable attorney fees. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> In addition to the advertisement required by subdivision 5, the unit owners<\/span>’ association shall give written notice of the time, date, and place of any proposed sale in execution of the lien<\/span>, and shall include the name, address, and telephone number of the trustee, by personal delivery or by mail to (i) the present owner of the condominium unit<\/span> to be sold at his last known address as such owner and address appear in the records of the unit owners<\/span>’ association, (ii) any lienholder who holds a note against the condominium unit<\/span> secured by a deed of trust recorded at least 30 days prior to the proposed sale and whose address is recorded with the deed of trust, and (iii) any assignee of such a note secured by a deed of trust provided the assignment and address of the assignee are likewise recorded at least 30 days prior to the proposed sale. Mailing a copy of the advertisement or the notice containing the same information to the owner by certified or registered mail no less than 14 days prior to such sale and to the lienholders and their assigns, at the addresses noted in the memorandum<\/span> of lien<\/span>, by ordinary mail no less than 14 days prior to such sale shall be a sufficient compliance with the requirement of notice. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The advertisement of sale by the unit owners<\/span>’ association shall be in a newspaper having a general circulation in the locality in which the condominium unit<\/span> to be sold, or any portion of such unit, is located pursuant to the following provisions:\n\t\t\t\ta. The unit owners<\/span>’ association shall advertise once a week for four successive weeks; however, if the condominium unit<\/span> or some portion of such unit is located in a city or in a county immediately contiguous to a city, publication of the advertisement five different days, which may be consecutive days, shall be deemed adequate. The sale shall be held on any day following the day of the last advertisement that is no earlier than eight days following the first advertisement nor more than 30 days following the last advertisement.\n\t\t\t\tb. Such advertisement shall be placed in that section of the newspaper where legal notices appear or where the type of property being sold is generally advertised for sale. The advertisement of sale, in addition to such other matters as the unit owners<\/span>’ association finds appropriate, shall set forth a description of the condominium unit<\/span> to be sold, which description need not be as extensive as that contained in the deed of trust but shall identify the condominium unit<\/span> by street address, if any, or, if none, shall give the general location of the condominium unit<\/span> with reference to streets, routes, or known landmarks. Where available, tax map identification may be used but is not required. The advertisement shall also include the date, time, place, and terms of sale and the name of the unit owners<\/span>’ association. The advertisement shall set forth the name, address, and telephone number of the representative, agent, or attorney who may be able to respond to inquiries concerning the sale.\n\t\t\t\tc. In addition to the advertisement required by subdivisions a and b, the unit owners<\/span>’ association may give such other further and different advertisement as the association finds appropriate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> In the event of postponement of a sale, which postponement shall be at the discretion of the unit owners<\/span>’ association, advertisement of such postponed sale shall be in the same manner as the original advertisement of sale. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Failure to comply with the requirements for advertisement contained in this section shall, upon petition<\/span>, render a sale of the condominium unit<\/span> voidable by the court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> In the event of a sale, the unit owners<\/span>’ association shall have the following powers and duties:\n\t\t\t\ta. Written one-price bids may be made and shall be received by the trustee from the unit owners<\/span>’ association or any person<\/span> for entry by announcement at the sale. Any person<\/span> other than the trustee may bid at the foreclosure sale, including a person<\/span> who has submitted a written one-price bid. Upon request to the trustee, any other bidder in attendance at a foreclosure sale shall be permitted to inspect written bids. Unless otherwise provided in the condominium instruments, the unit owners<\/span>’ association may bid to purchase the unit at a foreclosure sale. The unit owners<\/span>’ association may own, lease, encumber, exchange, sell, or convey the unit. Whenever the written bid of the unit owners<\/span>’ association is the highest bid submitted at the sale, such written bid shall be filed by the trustee with his account of sale required under subdivision 10 of this subsection and § 64.2-1309<\/a>. The written bid submitted pursuant to this subsection may be prepared by the unit owners<\/span>’ association or its agent or attorney.\n\t\t\t\tb. The unit owners<\/span>’ association may require of any bidder at any sale a cash deposit of as much as 10 percent of the sale price before his bid is received, which shall be refunded to him if the condominium unit<\/span> is not sold to him. The deposit of the successful bidder shall be applied to his credit at settlement<\/span>, or if such bidder fails to complete his purchase promptly, the deposit shall be applied to pay the costs and expenses of the sale, and the balance, if any, shall be retained by the unit owners<\/span>’ association in connection with that sale.\n\t\t\t\tc. The unit owners<\/span>’ association shall receive and receipt for the proceeds of sale, no purchaser<\/span> being required to see to the application of the proceeds, and apply the same in the following order<\/span>: first, to the reasonable expenses of sale, including reasonable attorney fees; second, to the satisfaction of all taxes, levies, and assessments, with costs and interest; third, to the satisfaction of the lien<\/span> for the unit owners<\/span>’ assessments; fourth, to the satisfaction in the order<\/span> of priority of any remaining inferior claims of record; and fifth, to pay the residue of the proceeds to the unit owner<\/span> or his assigns, provided, however, that the association as to such residue shall not be bound by any inheritance, devise, conveyance, assignment, or lien<\/span> of or upon the unit owner<\/span>’s equity<\/span>, without actual notice of such encumbrance prior to distribution. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> The trustee shall deliver to the purchaser<\/span> a trustee’s deed conveying the unit with special warranty of title. The trustee shall not be required to take possession<\/span> of the condominium unit<\/span> prior to the sale or to deliver possession<\/span> of the unit to the purchaser<\/span> at the sale. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> The trustee shall file an accounting of the sale with the commissioner of accounts pursuant to § 64.2-1309<\/a> and every account of a sale shall be recorded pursuant to § 64.2-1310<\/a>. In addition, the accounting shall be made available for inspection and copying pursuant to § 55.1-1945<\/a> upon the written request of the prior unit owner<\/span>, current unit owner<\/span>, or any holder of a recorded lien<\/span> against the unit at the time of the sale. The unit owners<\/span>’ association shall maintain a copy of the accounting for at least 12 months following the foreclosure sale. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> If the sale of a unit is made pursuant to this subsection and the accounting is made by the trustee, the title of the purchaser<\/span> at such sale shall not be disturbed unless within 12 months from the confirmation of the accounting by the commissioner of accounts, the sale is set aside by the court<\/span> or an appeal<\/span> is filed in the Court<\/span> of Appeals<\/span> or granted by the Supreme Court<\/span> and an order<\/span> is entered requiring such sale to be set aside. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLIEN FOR ASSESSMENTS; FORECLOSURE (\u00a7 55.1-1966)\n\nA. The unit owners’ association shall have a lien on each condominium unit\nfor unpaid assessments levied against that condominium unit in accordance with\nthe provisions of this chapter and all lawful provisions of the condominium\ninstruments. The lien, once perfected, shall be prior to all other liens and\nencumbrances except (i) real estate tax liens on that condominium unit, (ii)\nliens and encumbrances recorded prior to the recordation of the declaration, and\n(iii) sums unpaid on any first mortgages or first deeds of trust recorded prior\nto the perfection of such lien for assessments and securing institutional\nlenders. The provisions of this subsection shall not affect the priority of\nmechanics’ and materialmen’s liens.\n\nB. Notwithstanding any other provision of this section, or any other provision\nof law requiring documents to be recorded in the miscellaneous lien books or the\ndeed books in the clerk’s office of any court, on or after July 1, 1974,\nall memoranda of liens arising under this section shall, in the discretion of\nthe clerk, be recorded in the miscellaneous lien books or the deed books in such\nclerk’s office. Any such memorandum shall be indexed in the general index\nto deeds, and such general index shall identify the lien as a lien for\ncondominium assessments.\n\nC. In order to perfect the lien given by this section, the unit owners’\nassociation shall file a memorandum verified by the oath of the principal\nofficer of the unit owners’ association, or such other officer as the\ncondominium instruments may specify, before the expiration of 90 days from the\ntime the first such assessment became due and payable. The memorandum shall be\nfiled in the clerk’s office of the circuit court in the county or city in\nwhich such condominium is situated. The memorandum shall contain the following:\n\n 1. A description of the condominium unit in accordance with the provisions of\n § 55.1-1909.\n\n 2. The name or names of the persons constituting the unit owners of that\n condominium unit.\n\n 3. The amount of unpaid assessments currently due or past due together with\n the date when each fell due.\n\n 4. The date of issuance of the memorandum.\n \t\t\t\tThe clerk in whose office such memorandum is filed shall record and index\n the memorandum as provided in subsection B, in the names of the persons\n identified in such memorandum as well as in the name of the unit owners’\n association. The cost of recording such memorandum shall be taxed against the\n person found liable in any judgment enforcing such lien.\n\nD. Any lien perfected pursuant to this section may be enforced by filing a civil\naction to conduct a judicial foreclosure in the circuit court in the county or\ncity where the condominium is or a nonjudicial foreclosure pursuant to\nsubsections I and J. No foreclosure of any lien perfected under this section\nshall be initiated after 120 months from the time when the memorandum of lien\nwas recorded. The filing of a civil action to enforce any such lien by\nforeclosure through judicial means or issuance of notice of nonjudicial\nforeclosure under subdivision J 1 shall be regarded as the institution of an\naction under this section. Nothing in this subsection shall extend the time\nwithin which any such lien may be perfected.\n\nE. The judgment in an action brought pursuant to this section shall include\nreimbursement for costs and attorney fees of the prevailing party. If the unit\nowners’ association prevails, such unit owners’ association may also\nrecover interest at the legal rate for the sums secured by the lien from the\ntime each such sum became due and payable.\n\nF. When payment or satisfaction is made of a debt secured by the lien perfected\npursuant to subsection C, such lien shall be released in accordance with the\nprovisions of § 55.1-339. Any lien that is not so released shall subject\nthe lien creditor to the penalty set forth in subdivision B 1 of §\n55.1-339. For the purposes of that section, the principal officer of the unit\nowners’ association, or such other officer as the condominium instruments\nmay specify, shall be deemed the duly authorized agent of the lien creditor.\n\nG. Nothing in this section shall be construed to prohibit actions at law to\nrecover sums for which subsection A creates a lien, maintainable pursuant to\n§ 55.1-1915.\n\nH. Any unit owner or purchaser of a condominium unit, having executed a contract\nfor the disposition of such condominium unit, shall be entitled upon request to\na recordable statement setting forth the amount of unpaid assessments currently\nlevied against that unit. Such request shall be in writing, directed to the\nprincipal officer of the unit owners’ association or to such other officer\nas the condominium instruments may specify. Failure to furnish or make available\nsuch a statement within 10 days of the receipt of such request shall extinguish\nthe lien created by subsection A as to the condominium unit involved. Such\nstatement shall be binding on the unit owners’ association, the executive\nboard, and every unit owner. Payment of a fee not exceeding $10 may be required\nas a prerequisite to the issuance of such a statement if the condominium\ninstruments so provide.\n\nI. The unit owners’ association may conduct a judicial or nonjudicial\nforeclosure sale upon a unit against which the unit owners’ association\nhas perfected one or more liens pursuant to this section if the total sums\nsecured are in excess of $5,000, exclusive of attorney fees and costs. For\npurposes of this section, the unit owners’ association shall have the\npower both to sell and convey the unit and shall be deemed the unit\nowner’s statutory agent for the purpose of transferring title to the unit.\n\nJ. A nonjudicial foreclosure sale shall be conducted in compliance with the\nfollowing:\n\n 1. The unit owners’ association shall give notice to the unit owner\n prior to advertisement required by subdivision 4. The notice shall specify (i)\n the debt secured by the perfected lien; (ii) the action required to satisfy\n the debt secured by the perfected lien; (iii) the date, not less than 60 days\n from the date the notice is given to the unit owner, by which the debt secured\n by the lien must be satisfied; and (iv) that failure to satisfy the debt\n secured by the lien on or before the date specified in the notice may result\n in the sale of the unit. The notice shall further inform the unit owner of the\n right to bring a court action in the circuit court of the county or city where\n the condominium is located to assert the nonexistence of a debt or any other\n defense of the unit owner to the sale.\n\n 2. After expiration of the 60-day notice period provided in subdivision 1, the\n unit owners’ association may appoint a trustee to conduct the sale. The\n appointment of the trustee shall be filed in the clerk’s office of the\n circuit court in the county or city in which the condominium is located. The\n clerk in whose office such appointment is filed shall record and index the\n appointment as provided in subsection C, in the names of the persons\n identified therein as well as in the name of the unit owners’\n association. The unit owners’ association, at its option, may from time\n to time remove the trustee and appoint a successor trustee.\n\n 3. If the unit owner meets the conditions specified in this subdivision prior\n to the date of the foreclosure sale, the unit owner shall have the right to\n have enforcement of the perfected lien discontinued prior to the sale of the\n unit. Those conditions are that the unit owner (a) satisfy the debt secured by\n lien that is the subject of the nonjudicial foreclosure sale and (b) pays all\n expenses and costs incurred in perfecting and enforcing the lien, including\n advertising costs and reasonable attorney fees.\n\n 4. In addition to the advertisement required by subdivision 5, the unit\n owners’ association shall give written notice of the time, date, and\n place of any proposed sale in execution of the lien, and shall include the\n name, address, and telephone number of the trustee, by personal delivery or by\n mail to (i) the present owner of the condominium unit to be sold at his last\n known address as such owner and address appear in the records of the unit\n owners’ association, (ii) any lienholder who holds a note against the\n condominium unit secured by a deed of trust recorded at least 30 days prior to\n the proposed sale and whose address is recorded with the deed of trust, and\n (iii) any assignee of such a note secured by a deed of trust provided the\n assignment and address of the assignee are likewise recorded at least 30 days\n prior to the proposed sale. Mailing a copy of the advertisement or the notice\n containing the same information to the owner by certified or registered mail\n no less than 14 days prior to such sale and to the lienholders and their\n assigns, at the addresses noted in the memorandum of lien, by ordinary mail no\n less than 14 days prior to such sale shall be a sufficient compliance with the\n requirement of notice.\n\n 5. The advertisement of sale by the unit owners’ association shall be in\n a newspaper having a general circulation in the locality in which the\n condominium unit to be sold, or any portion of such unit, is located pursuant\n to the following provisions:\n \t\t\t\ta. The unit owners’ association shall advertise once a week for four\n successive weeks; however, if the condominium unit or some portion of such\n unit is located in a city or in a county immediately contiguous to a city,\n publication of the advertisement five different days, which may be consecutive\n days, shall be deemed adequate. The sale shall be held on any day following\n the day of the last advertisement that is no earlier than eight days following\n the first advertisement nor more than 30 days following the last\n advertisement.\n \t\t\t\tb. Such advertisement shall be placed in that section of the newspaper\n where legal notices appear or where the type of property being sold is\n generally advertised for sale. The advertisement of sale, in addition to such\n other matters as the unit owners’ association finds appropriate, shall\n set forth a description of the condominium unit to be sold, which description\n need not be as extensive as that contained in the deed of trust but shall\n identify the condominium unit by street address, if any, or, if none, shall\n give the general location of the condominium unit with reference to streets,\n routes, or known landmarks. Where available, tax map identification may be\n used but is not required. The advertisement shall also include the date, time,\n place, and terms of sale and the name of the unit owners’ association.\n The advertisement shall set forth the name, address, and telephone number of\n the representative, agent, or attorney who may be able to respond to inquiries\n concerning the sale.\n \t\t\t\tc. In addition to the advertisement required by subdivisions a and b, the\n unit owners’ association may give such other further and different\n advertisement as the association finds appropriate.\n\n 6. In the event of postponement of a sale, which postponement shall be at the\n discretion of the unit owners’ association, advertisement of such\n postponed sale shall be in the same manner as the original advertisement of\n sale.\n\n 7. Failure to comply with the requirements for advertisement contained in this\n section shall, upon petition, render a sale of the condominium unit voidable\n by the court.\n\n 8. In the event of a sale, the unit owners’ association shall have the\n following powers and duties:\n \t\t\t\ta. Written one-price bids may be made and shall be received by the trustee\n from the unit owners’ association or any person for entry by\n announcement at the sale. Any person other than the trustee may bid at the\n foreclosure sale, including a person who has submitted a written one-price\n bid. Upon request to the trustee, any other bidder in attendance at a\n foreclosure sale shall be permitted to inspect written bids. Unless otherwise\n provided in the condominium instruments, the unit owners’ association\n may bid to purchase the unit at a foreclosure sale. The unit owners’\n association may own, lease, encumber, exchange, sell, or convey the unit.\n Whenever the written bid of the unit owners’ association is the highest\n bid submitted at the sale, such written bid shall be filed by the trustee with\n his account of sale required under subdivision 10 of this subsection and\n § 64.2-1309. The written bid submitted pursuant to this subsection may be\n prepared by the unit owners’ association or its agent or attorney.\n \t\t\t\tb. The unit owners’ association may require of any bidder at any\n sale a cash deposit of as much as 10 percent of the sale price before his bid\n is received, which shall be refunded to him if the condominium unit is not\n sold to him. The deposit of the successful bidder shall be applied to his\n credit at settlement, or if such bidder fails to complete his purchase\n promptly, the deposit shall be applied to pay the costs and expenses of the\n sale, and the balance, if any, shall be retained by the unit owners’\n association in connection with that sale.\n \t\t\t\tc. The unit owners’ association shall receive and receipt for the\n proceeds of sale, no purchaser being required to see to the application of the\n proceeds, and apply the same in the following order: first, to the reasonable\n expenses of sale, including reasonable attorney fees; second, to the\n satisfaction of all taxes, levies, and assessments, with costs and interest;\n third, to the satisfaction of the lien for the unit owners’ assessments;\n fourth, to the satisfaction in the order of priority of any remaining inferior\n claims of record; and fifth, to pay the residue of the proceeds to the unit\n owner or his assigns, provided, however, that the association as to such\n residue shall not be bound by any inheritance, devise, conveyance, assignment,\n or lien of or upon the unit owner’s equity, without actual notice of\n such encumbrance prior to distribution.\n\n 9. The trustee shall deliver to the purchaser a trustee’s deed conveying\n the unit with special warranty of title. The trustee shall not be required to\n take possession of the condominium unit prior to the sale or to deliver\n possession of the unit to the purchaser at the sale.\n\n 10. The trustee shall file an accounting of the sale with the commissioner of\n accounts pursuant to § 64.2-1309 and every account of a sale shall be\n recorded pursuant to § 64.2-1310. In addition, the accounting shall be\n made available for inspection and copying pursuant to § 55.1-1945 upon\n the written request of the prior unit owner, current unit owner, or any holder\n of a recorded lien against the unit at the time of the sale. The unit\n owners’ association shall maintain a copy of the accounting for at least\n 12 months following the foreclosure sale.\n\n 11. If the sale of a unit is made pursuant to this subsection and the\n accounting is made by the trustee, the title of the purchaser at such sale\n shall not be disturbed unless within 12 months from the confirmation of the\n accounting by the commissioner of accounts, the sale is set aside by the court\n or an appeal is filed in the Court of Appeals or granted by the Supreme Court\n and an order is entered requiring such sale to be set aside.\n\nHISTORY: 1974, c. 416, \u00a7 55-79.84; 1975, c. 415; 1991, c. 497; 1992, c. 72;\n1997, cc. 760, 766; 2000, c. 906; 2004, cc. 778, 779, 786; 2019, c. 712; 2021,\nSp. Sess. I, c. 489; 2024, cc. 55, 349.","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}}