{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-2146.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-2146.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-2146.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-2146.html"}],"law_id":86773,"edition_id":1,"section_id":86773,"structure_id":15093,"section_number":"55.1-2146","catch_line":"Assessments for common expenses","history":"1982, c. 277, \u00a7 55-471; 2008, c. 627; 2019, c. 712.","full_text":"A\n\nUntil the association makes a common expense assessment, the declarant shall pay all common expenses. After any assessment has been made by the association, assessments must be made at least annually, based on a budget adopted at least annually by the association.B\n\nExcept for assessments under subsections C, D, E, and F, all common expenses shall be assessed against all the cooperative interests in accordance with the allocations set forth in the declaration pursuant to subsection A of § 55.1-2118.\n\t\t\tAny past-due common expense assessment or installment bears interest at the rate established by the association not exceeding 18 percent per year.C\n\nTo the extent required by the declaration:1\n\nAny common expense associated with the maintenance, repair, or replacement of a limited common element must be assessed equally against the cooperative interests for the units to which that limited common element is assigned, or in any other proportion that the declaration provides;2\n\nAny common expense or portion benefiting fewer than all of the units must be assessed exclusively against the cooperative interests for the units benefited; and3\n\nThe costs of insurance must be assessed in proportion to risk, and the costs of utilities must be assessed in proportion to usage.D\n\nAssessments to pay a judgment against the association may be made only against the cooperative interests in the cooperative at the time the judgment was entered, in proportion to their common expense liabilities.E\n\nIf any common expense is caused by the negligence or other misconduct of any proprietary lessee, or of his family members, tenants, or other invitees, the association may assess that expense exclusively against his cooperative interest.F\n\nNotwithstanding any other provision in this section, in any cooperative where permanent residency is, in general, restricted to individuals age 55 and over, and the primary purpose of the association is to provide services and amenities to the residents of the cooperative that are consistent with the services and amenities typically provided to residents of full service senior housing communities in the United States, the declaration may provide, or may be amended to provide by vote or agreement of proprietary lessees of cooperative interests to which at least two-thirds of the votes in the association are allocated, or any larger percentage if so specified in the declaration, that:1\n\nCommon expenses may be assessed against all cooperative interests in accordance with the standards in general use from time to time among full-service senior housing communities in the United States for the purpose of fairly and equitably establishing the fees and charges imposed on their residents to pay for all common expenses of such senior housing communities, including the expenses of providing services and amenities, such standards to be determined by the executive board of the association, acting reasonably;2\n\nCommon expenses may be assessed against any cooperative interest that has been created pursuant to the declaration but as to which construction of the unit appurtenant to such cooperative interest has not been completed, provided that nothing contained in this subdivision shall relieve the declarant of its obligations under subsection B of § 55.1-2138; and3\n\nCommon expenses may be assessed against any cooperative interest as to which the unit appurtenant to such cooperative interest has been completed until the unit is initially permanently occupied, provided, however, that all such cooperative interests shall pay all direct expenses of the association related to such cooperative interests and any common expenses that directly benefit such cooperative interest, in each case, determined in accordance with the provisions set forth in the declaration or the association’s bylaws, provided, however, that if neither the declaration nor the bylaws contain such provisions, then such expenses shall be paid in accordance with the allocations set forth in the declaration pursuant to subsection A of § 55.1-2118.G\n\nIf common expense liabilities are reallocated, common expense assessments and any installment not yet due shall be recalculated in accordance with the reallocated common expense liabilities.","order_by":null,"text":{"0":{"id":310714,"text":"Until the association makes a common expense assessment, the declarant shall pay all common expenses. After any assessment has been made by the association, assessments must be made at least annually, based on a budget adopted at least annually by the association.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":310715,"text":"Except for assessments under subsections C, D, E, and F, all common expenses shall be assessed against all the cooperative interests in accordance with the allocations set forth in the declaration pursuant to subsection A of § 55.1-2118.\n\t\t\tAny past-due common expense assessment or installment bears interest at the rate established by the association not exceeding 18 percent per year.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":310716,"text":"To the extent required by the declaration:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":310717,"text":"Any common expense associated with the maintenance, repair, or replacement of a limited common element must be assessed equally against the cooperative interests for the units to which that limited common element is assigned, or in any other proportion that the declaration provides;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":310718,"text":"Any common expense or portion benefiting fewer than all of the units must be assessed exclusively against the cooperative interests for the units benefited; and","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":310719,"text":"The costs of insurance must be assessed in proportion to risk, and the costs of utilities must be assessed in proportion to usage.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"D"},"6":{"id":310720,"text":"Assessments to pay a judgment against the association may be made only against the cooperative interests in the cooperative at the time the judgment was entered, in proportion to their common expense liabilities.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C3","next_prefix":"E"},"7":{"id":310721,"text":"If any common expense is caused by the negligence or other misconduct of any proprietary lessee, or of his family members, tenants, or other invitees, the association may assess that expense exclusively against his cooperative interest.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"8":{"id":310722,"text":"Notwithstanding any other provision in this section, in any cooperative where permanent residency is, in general, restricted to individuals age 55 and over, and the primary purpose of the association is to provide services and amenities to the residents of the cooperative that are consistent with the services and amenities typically provided to residents of full service senior housing communities in the United States, the declaration may provide, or may be amended to provide by vote or agreement of proprietary lessees of cooperative interests to which at least two-thirds of the votes in the association are allocated, or any larger percentage if so specified in the declaration, that:","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"F1"},"9":{"id":310723,"text":"Common expenses may be assessed against all cooperative interests in accordance with the standards in general use from time to time among full-service senior housing communities in the United States for the purpose of fairly and equitably establishing the fees and charges imposed on their residents to pay for all common expenses of such senior housing communities, including the expenses of providing services and amenities, such standards to be determined by the executive board of the association, acting reasonably;","type":"section","prefixes":["F","1"],"prefix":"1","entire_prefix":"F1","prefix_anchor":"F1","level":2,"prior_prefix":"F","next_prefix":"F2"},"10":{"id":310724,"text":"Common expenses may be assessed against any cooperative interest that has been created pursuant to the declaration but as to which construction of the unit appurtenant to such cooperative interest has not been completed, provided that nothing contained in this subdivision shall relieve the declarant of its obligations under subsection B of § 55.1-2138; and","type":"section","prefixes":["F","2"],"prefix":"2","entire_prefix":"F2","prefix_anchor":"F2","level":2,"prior_prefix":"F1","next_prefix":"F3"},"11":{"id":310725,"text":"Common expenses may be assessed against any cooperative interest as to which the unit appurtenant to such cooperative interest has been completed until the unit is initially permanently occupied, provided, however, that all such cooperative interests shall pay all direct expenses of the association related to such cooperative interests and any common expenses that directly benefit such cooperative interest, in each case, determined in accordance with the provisions set forth in the declaration or the association’s bylaws, provided, however, that if neither the declaration nor the bylaws contain such provisions, then such expenses shall be paid in accordance with the allocations set forth in the declaration pursuant to subsection A of § 55.1-2118.","type":"section","prefixes":["F","3"],"prefix":"3","entire_prefix":"F3","prefix_anchor":"F3","level":2,"prior_prefix":"F2","next_prefix":"G"},"12":{"id":310726,"text":"If common expense liabilities are reallocated, common expense assessments and any installment not yet due shall be recalculated in accordance with the reallocated common expense liabilities.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F3"}},"ancestry":[{"id":15093,"edition_id":1,"name":"Management of Cooperatives","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":13509,"metadata":{},"date_created":"2026-06-26 03:52:06","date_modified":"2026-06-26 03:52:06","permalink":{"id":247243,"object_type":"structure","relational_id":15093,"identifier":"3","token":"55.1\/IV\/21\/3","url":"\/55.1\/IV\/21\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13509,"edition_id":1,"name":"Virginia Real Estate Cooperative Act","identifier":"21","label":"chapter","depth":3,"order_by":1,"parent_id":12914,"metadata":{},"date_created":"2026-06-26 03:45:06","date_modified":"2026-06-26 03:45:06","permalink":{"id":247109,"object_type":"structure","relational_id":13509,"identifier":"21","token":"55.1\/IV\/21","url":"\/55.1\/IV\/21\/","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":79353,"structure_id":15093,"section_number":"55.1-2132","catch_line":"Organization of the association","url":"\/55.1-2132\/","token":"55.1\/IV\/21\/3\/55.1-2132","metadata":false},{"id":74016,"structure_id":15093,"section_number":"55.1-2133","catch_line":"Powers of the association","url":"\/55.1-2133\/","token":"55.1\/IV\/21\/3\/55.1-2133","metadata":false},{"id":74697,"structure_id":15093,"section_number":"55.1-2133.1","catch_line":"Installation of solar energy collection devices","url":"\/55.1-2133.1\/","token":"55.1\/IV\/21\/3\/55.1-2133.1","metadata":false},{"id":58879,"structure_id":15093,"section_number":"55.1-2134","catch_line":"Executive board members and officers","url":"\/55.1-2134\/","token":"55.1\/IV\/21\/3\/55.1-2134","metadata":false},{"id":74321,"structure_id":15093,"section_number":"55.1-2135","catch_line":"Transfer of special declarant rights","url":"\/55.1-2135\/","token":"55.1\/IV\/21\/3\/55.1-2135","metadata":false},{"id":86214,"structure_id":15093,"section_number":"55.1-2136","catch_line":"Termination of contracts and leases of declarant","url":"\/55.1-2136\/","token":"55.1\/IV\/21\/3\/55.1-2136","metadata":false},{"id":57517,"structure_id":15093,"section_number":"55.1-2137","catch_line":"Bylaws","url":"\/55.1-2137\/","token":"55.1\/IV\/21\/3\/55.1-2137","metadata":false},{"id":74592,"structure_id":15093,"section_number":"55.1-2138","catch_line":"Upkeep of cooperative","url":"\/55.1-2138\/","token":"55.1\/IV\/21\/3\/55.1-2138","metadata":false},{"id":80840,"structure_id":15093,"section_number":"55.1-2139","catch_line":"Common elements; notice of pesticide application","url":"\/55.1-2139\/","token":"55.1\/IV\/21\/3\/55.1-2139","metadata":false},{"id":75581,"structure_id":15093,"section_number":"55.1-2139.1","catch_line":"Electric vehicle charging stations permitted","url":"\/55.1-2139.1\/","token":"55.1\/IV\/21\/3\/55.1-2139.1","metadata":false},{"id":71613,"structure_id":15093,"section_number":"55.1-2140","catch_line":"Meetings","url":"\/55.1-2140\/","token":"55.1\/IV\/21\/3\/55.1-2140","metadata":false},{"id":75116,"structure_id":15093,"section_number":"55.1-2141","catch_line":"Quorums","url":"\/55.1-2141\/","token":"55.1\/IV\/21\/3\/55.1-2141","metadata":false},{"id":68455,"structure_id":15093,"section_number":"55.1-2142","catch_line":"Voting; proxies","url":"\/55.1-2142\/","token":"55.1\/IV\/21\/3\/55.1-2142","metadata":false},{"id":63917,"structure_id":15093,"section_number":"55.1-2143","catch_line":"Tort and contract liability","url":"\/55.1-2143\/","token":"55.1\/IV\/21\/3\/55.1-2143","metadata":false},{"id":83581,"structure_id":15093,"section_number":"55.1-2144","catch_line":"Conveyance or encumbrance of the cooperative","url":"\/55.1-2144\/","token":"55.1\/IV\/21\/3\/55.1-2144","metadata":false},{"id":80965,"structure_id":15093,"section_number":"55.1-2145","catch_line":"Insurance","url":"\/55.1-2145\/","token":"55.1\/IV\/21\/3\/55.1-2145","metadata":false},{"id":86773,"structure_id":15093,"section_number":"55.1-2146","catch_line":"Assessments for common expenses","url":"\/55.1-2146\/","token":"55.1\/IV\/21\/3\/55.1-2146","metadata":false},{"id":64409,"structure_id":15093,"section_number":"55.1-2147","catch_line":"Annual budget; reserves for capital components","url":"\/55.1-2147\/","token":"55.1\/IV\/21\/3\/55.1-2147","metadata":false},{"id":60916,"structure_id":15093,"section_number":"55.1-2148","catch_line":"Remedies for nonpayment of assessments; lien; foreclosure","url":"\/55.1-2148\/","token":"55.1\/IV\/21\/3\/55.1-2148","metadata":false},{"id":83139,"structure_id":15093,"section_number":"55.1-2149","catch_line":"Other liens affecting the cooperative","url":"\/55.1-2149\/","token":"55.1\/IV\/21\/3\/55.1-2149","metadata":false},{"id":78680,"structure_id":15093,"section_number":"55.1-2150","catch_line":"Limitation of assumption of debt and encumbrances","url":"\/55.1-2150\/","token":"55.1\/IV\/21\/3\/55.1-2150","metadata":false},{"id":61430,"structure_id":15093,"section_number":"55.1-2151","catch_line":"Association records","url":"\/55.1-2151\/","token":"55.1\/IV\/21\/3\/55.1-2151","metadata":false},{"id":74718,"structure_id":15093,"section_number":"55.1-2152","catch_line":"Association as trustee","url":"\/55.1-2152\/","token":"55.1\/IV\/21\/3\/55.1-2152","metadata":false}],"previous_section":{"id":80965,"structure_id":15093,"section_number":"55.1-2145","catch_line":"Insurance","url":"\/55.1-2145\/","token":"55.1\/IV\/21\/3\/55.1-2145","metadata":false},"next_section":{"id":64409,"structure_id":15093,"section_number":"55.1-2147","catch_line":"Annual budget; reserves for capital components","url":"\/55.1-2147\/","token":"55.1\/IV\/21\/3\/55.1-2147","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-2146\/","history_text":"

This law was first created in 1982. The record of its establishment is cataloged in chapter 277 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 1982 \u201cActs\u201d aren\u2019t available online. It has been modified 2 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 2008, chapter 627<\/a>; in 2019, chapter 712<\/a>.<\/p>","references":false,"refers_to":[{"id":66972,"section_number":"55.1-2118","catch_line":"Allocation of ownership interests, votes, and common expense liabilities","order_by":null,"url":"\/55.1-2118\/"},{"id":74592,"section_number":"55.1-2138","catch_line":"Upkeep of cooperative","order_by":null,"url":"\/55.1-2138\/"}],"permalink":{"id":247309,"object_type":"law","relational_id":86773,"identifier":"55.1-2146","token":"55.1\/IV\/21\/3\/55.1-2146","url":"\/55.1-2146\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-2146\/","token":"55.1\/IV\/21\/3\/55.1-2146","dublin_core":{"Title":"Assessments for common expenses","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-2146","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Until the association<\/span> makes a common expense assessment, the declarant<\/span> shall pay all common expenses<\/span>. After any assessment has been made by the association<\/span>, assessments must be made at least annually, based on a budget adopted at least annually by the association<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Except for assessments under subsections C, D, E, and F, all common expenses<\/span> shall be assessed against all the cooperative interests<\/span> in accordance with the allocations set forth in the declaration<\/span> pursuant to subsection A of § 55.1-2118<\/a>.\n\t\t\tAny past-due common expense assessment or installment bears interest at the rate established by the association<\/span> not exceeding 18 percent per year. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> To the extent required by the declaration<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Any common expense associated with the maintenance, repair, or replacement of a limited common element<\/span> must be assessed equally against the cooperative interests<\/span> for the units<\/span> to which that limited common element<\/span> is assigned, or in any other proportion that the declaration<\/span> provides; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Any common expense or portion benefiting fewer than all of the units<\/span> must be assessed exclusively against the cooperative interests<\/span> for the units<\/span> benefited; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The costs of insurance must be assessed in proportion to risk, and the costs of utilities must be assessed in proportion to usage. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Assessments to pay a judgment<\/span> against the association<\/span> may be made only against the cooperative interests<\/span> in the cooperative at the time the judgment<\/span> was entered, in proportion to their common expense liabilities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If any common expense is caused by the negligence<\/span> or other misconduct of any proprietary lessee<\/span>, or of his family members, tenants, or other invitees, the association<\/span> may assess that expense exclusively against his cooperative interest<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Notwithstanding any other provision in this section, in any cooperative where permanent residency is, in general, restricted to individuals age 55 and over, and the primary purpose of the association<\/span> is to provide services and amenities to the residents of the cooperative that are consistent with the services and amenities typically provided to residents of full service senior housing communities in the United States, the declaration<\/span> may provide, or may be amended to provide by vote or agreement of proprietary lessees<\/span> of cooperative interests<\/span> to which at least two-thirds of the votes in the association<\/span> are allocated, or any larger percentage if so specified in the declaration<\/span>, that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Common expenses<\/span> may be assessed against all cooperative interests<\/span> in accordance with the standards in general use from time to time among full-service senior housing communities in the United States for the purpose of fairly and equitably establishing the fees and charges imposed on their residents to pay for all common expenses<\/span> of such senior housing communities, including the expenses of providing services and amenities, such standards to be determined by the executive board<\/span> of the association<\/span>, acting reasonably; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Common expenses<\/span> may be assessed against any cooperative interest<\/span> that has been created pursuant to the declaration<\/span> but as to which construction of the unit<\/span> appurtenant to such cooperative interest<\/span> has not been completed, provided that nothing contained in this subdivision shall relieve the declarant<\/span> of its obligations under subsection B of § 55.1-2138<\/a>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Common expenses<\/span> may be assessed against any cooperative interest<\/span> as to which the unit<\/span> appurtenant to such cooperative interest<\/span> has been completed until the unit<\/span> is initially permanently occupied, provided, however, that all such cooperative interests<\/span> shall pay all direct expenses of the association<\/span> related to such cooperative interests<\/span> and any common expenses<\/span> that directly benefit such cooperative interest<\/span>, in each case, determined in accordance with the provisions set forth in the declaration<\/span> or the association<\/span>’s bylaws, provided, however, that if neither the declaration<\/span> nor the bylaws contain such provisions, then such expenses shall be paid in accordance with the allocations set forth in the declaration<\/span> pursuant to subsection A of § 55.1-2118<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> If common expense liabilities are reallocated, common expense assessments and any installment not yet due shall be recalculated in accordance with the reallocated common expense liabilities. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nASSESSMENTS FOR COMMON EXPENSES (\u00a7 55.1-2146)\n\nA. Until the association makes a common expense assessment, the declarant shall\npay all common expenses. After any assessment has been made by the association,\nassessments must be made at least annually, based on a budget adopted at least\nannually by the association.\n\nB. Except for assessments under subsections C, D, E, and F, all common expenses\nshall be assessed against all the cooperative interests in accordance with the\nallocations set forth in the declaration pursuant to subsection A of §\n55.1-2118.\n\t\t\tAny past-due common expense assessment or installment bears interest at the\nrate established by the association not exceeding 18 percent per year.\n\nC. To the extent required by the declaration:\n\n 1. Any common expense associated with the maintenance, repair, or replacement\n of a limited common element must be assessed equally against the cooperative\n interests for the units to which that limited common element is assigned, or\n in any other proportion that the declaration provides;\n\n 2. Any common expense or portion benefiting fewer than all of the units must\n be assessed exclusively against the cooperative interests for the units\n benefited; and\n\n 3. The costs of insurance must be assessed in proportion to risk, and the\n costs of utilities must be assessed in proportion to usage.\n\nD. Assessments to pay a judgment against the association may be made only\nagainst the cooperative interests in the cooperative at the time the judgment\nwas entered, in proportion to their common expense liabilities.\n\nE. If any common expense is caused by the negligence or other misconduct of any\nproprietary lessee, or of his family members, tenants, or other invitees, the\nassociation may assess that expense exclusively against his cooperative\ninterest.\n\nF. Notwithstanding any other provision in this section, in any cooperative where\npermanent residency is, in general, restricted to individuals age 55 and over,\nand the primary purpose of the association is to provide services and amenities\nto the residents of the cooperative that are consistent with the services and\namenities typically provided to residents of full service senior housing\ncommunities in the United States, the declaration may provide, or may be amended\nto provide by vote or agreement of proprietary lessees of cooperative interests\nto which at least two-thirds of the votes in the association are allocated, or\nany larger percentage if so specified in the declaration, that:\n\n 1. Common expenses may be assessed against all cooperative interests in\n accordance with the standards in general use from time to time among\n full-service senior housing communities in the United States for the purpose\n of fairly and equitably establishing the fees and charges imposed on their\n residents to pay for all common expenses of such senior housing communities,\n including the expenses of providing services and amenities, such standards to\n be determined by the executive board of the association, acting reasonably;\n\n 2. Common expenses may be assessed against any cooperative interest that has\n been created pursuant to the declaration but as to which construction of the\n unit appurtenant to such cooperative interest has not been completed, provided\n that nothing contained in this subdivision shall relieve the declarant of its\n obligations under subsection B of § 55.1-2138; and\n\n 3. Common expenses may be assessed against any cooperative interest as to\n which the unit appurtenant to such cooperative interest has been completed\n until the unit is initially permanently occupied, provided, however, that all\n such cooperative interests shall pay all direct expenses of the association\n related to such cooperative interests and any common expenses that directly\n benefit such cooperative interest, in each case, determined in accordance with\n the provisions set forth in the declaration or the association’s bylaws,\n provided, however, that if neither the declaration nor the bylaws contain such\n provisions, then such expenses shall be paid in accordance with the\n allocations set forth in the declaration pursuant to subsection A of §\n 55.1-2118.\n\nG. If common expense liabilities are reallocated, common expense assessments and\nany installment not yet due shall be recalculated in accordance with the\nreallocated common expense liabilities.\n\nHISTORY: 1982, c. 277, \u00a7 55-471; 2008, c. 627; 2019, c. 712.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}