{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-2305.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-2305.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-2305.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-2305.html"}],"law_id":71094,"edition_id":1,"section_id":71094,"structure_id":14090,"section_number":"55.1-2305","catch_line":"Management, regulation, and control of subdivisions with common facilities or property owners’ associations; assessments; liens","history":"1978, c. 510, \u00a7 55-344; 1980, c. 546; 1989, c. 68; 1993, c. 36; 1996, c. 77; 2019, c. 712; 2024, cc. 55, 349.","full_text":"A\n\nThe covenants, deed restrictions, articles of incorporation, bylaws, or other instruments for the management, regulation, and control of subdivisions that include facilities or amenities for which the lot owners are assessed on a regular or special basis for the use, enjoyment, and maintenance of such facilities or amenities shall provide for at a minimum:1\n\nFormation of an association to be composed of lot owners within the subdivision, such formation occurring prior to the sale of the first lot within the subdivision by the developer;2\n\nA description of the areas or interests to be owned or controlled by the association, including those facilities or amenities for which the lot owners are subject to regular or special assessments;3\n\nThe transfer of title, control, and maintenance responsibilities of common areas and common facilities to the association, which transfer is to take place no later than at such time as the developer transfers legal or equitable ownership of at least 75 percent of the lots within the subdivision to purchasers of such lots or when all of the amenities and facilities are completed, whichever occurs first, but in no event any sooner than two years from the date the developer sells his first lot within the subdivision should the developer elect to retain title to the common areas and common facilities for such period. The transfer of such title, control, and maintenance responsibilities required of the developer shall not exonerate the developer from the responsibility of completion of the common areas and facilities once the transfer takes place.\n\t\t\t\tNothing in this section shall preclude the developer from transferring the common areas and common facilities for consideration, provided that (i) such consideration does not exceed the lesser of the fair market value of such common areas and common facilities at the time of transfer or the actual cost expended by the developer for such common areas and common facilities and (ii) the developer affirmatively discloses the following information to the purchaser, in writing, at the time the initial contract of purchase is signed:\n\t\t\t\ta. That the common areas and common facilities will be transferred only upon payment of consideration by the association;\n\t\t\t\tb. The terms upon which such transfer will be made; and\n\t\t\t\tc. An estimate of the amount of consideration to be paid by the association.\n\t\t\t\tIn the event the developer seeks payment for the areas or facilities transferred, the association shall have the option of deferring such payment, evidence by a deed of trust note covering a period of not less than five years at the legal rate of interest allowed in the Commonwealth and secured by a deed of trust covering the areas or facilities transferred;4\n\nProcedures for determining and collecting regular assessments to defray expenses attributable to the ownership, use, enjoyment, and operation of common areas and facilities transferred to the association;5\n\nProcedures for establishing and collecting special assessments for capital improvements or other purposes;6\n\nProcedures to be employed upon the annexation of additional land to the existing subdivision that shall disclose whether or not per capita assessments on account of such annexation shall be subject to an increase, in the event additional amenities or common facilities are provided lot owners within the subdivision;7\n\nSuch procedures and restrictions, if any, that apply to the voluntary or involuntary resale of a lot within a subdivision by a purchaser or his agent, which shall be established prior to the sale of the first lot by the developer within the subdivision;8\n\nMonetary penalties or use privilege and voting suspension of members for breaches of the restrictions, bylaws, or other instruments for management and control of the subdivision, or for nonpayment of regular or special assessments, with procedures for hearings for the disciplined members;9\n\nCreation of a board of directors or other governing body for the association with the members of the board or body to be elected by a vote of members of the association in good standing at an annual meeting or special meeting to be held not later than six months after the transfer of the areas of facilities provided for in subdivision 3;10\n\nEnumeration of the power of the board of directors or governing body that is consistent with and not otherwise provided by law;11\n\nThe preparation of an annual balance sheet and operating statement for each fiscal year with provision for distribution of a copy of the reports to each member of the association in good standing within 90 days after the end of the fiscal year;12\n\nQuorum requirements for meetings of members of the association who are in good standing; and13\n\nSuch other provisions as may be required by the Virginia Nonstock Corporation Act (§ 13.1-801 et seq.) if the association is a Virginia nonstock corporation.B\n\nAny developer of a subdivision, successor or otherwise, when such subdivision is subject to the provisions of this chapter, shall be obligated to complete the facilities and amenities as promised and outlined in subsection A by the initial developer of the subdivision subject to the transfer of title, control, and maintenance responsibilities of common areas and common facilities to the lot owners’ association. The foregoing shall not be deemed to apply to any purchaser at foreclosure or grantee in a deed in lieu of foreclosure, provided that the purchaser or grantee is a financial institution and the mortgagee, creditor, or beneficiary under the instrument being foreclosed or giving rise to the deed in lieu of foreclosure. For the purposes of this subsection, “financial institution” means a bank, savings institution, real estate investment trust, insurance company, pension or profit sharing trust, or other institution regularly engaged in the business of making real estate loans. For purposes of this subsection, the lot owners’ association shall not be deemed a developer if at a meeting of its members in good standing a vote is taken and at least 50 percent of the members vote to be exempt from the requirements of this subsection.C\n\nThe association, once formed and in existence, and the title owner of the common areas and common facilities within the subdivision and which has been in existence for a period of at least five years shall have the authority to pass special assessments against and raise the annual assessments of the members of the association and to collect such assessments from such members according to law, if the purpose in so doing is for the maintenance of such common areas and common facilities. The authority granted and conferred upon the association by this subsection exists only where the restrictions and covenants of record do not contain specific language that precludes the adoption of special assessments or increases the annual dues or assessments.D\n\nThe association shall have a lien on every lot within its subdivision for unpaid regular or special assessments levied against such lot in accordance with the provisions of this chapter. The lien, once perfected, shall be prior to all other liens and encumbrances except (i) real estate tax liens on such lot, (ii) liens and encumbrances recorded prior to the perfected lien, and (iii) any sums unpaid on any first mortgages or first deeds of trust recorded prior to the perfection of the lien for regular or special assessments and securing institutional lenders. The provisions of this subsection shall not affect the priority of mechanics’ and materialmen’s liens.\n\t\t\tNotwithstanding any other provision of this chapter, or any other provisions of law requiring documents to be recorded in the miscellaneous lien books or the deed books of the clerk’s office of any court, from July 1, 1978, all memoranda of liens arising under this subsection shall, in the discretion of the clerk, be recorded in the miscellaneous lien books or the deed books in such clerk’s office. Any memorandum shall be indexed in the general index to deeds, and such general index shall identify the lien as a lien for subdivision regular or special assessments.\n\t\t\tThe association, in order to perfect the lien given by this subsection, shall file before the expiration of 90 days from the time such regular or special assessment became due and payable in the clerk’s office of the county or city in which the subdivision is situated a memorandum, verified by the oath of the president of the association, which shall contain:1\n\nA description of the subdivision;2\n\nThe name or names of the owners of the lot;3\n\nThe amount of unpaid regular or special assessments currently due or past due applicable to the lot, together with the date when each fell due; and4\n\nThe date of issuance of the memorandum.\n\t\t\t\tThe clerk in whose office the memorandum is filed shall record and index such memorandum as provided in this subsection, in the names of the persons identified in such memorandum, as well as in the name of the association. The cost of recording the memorandum shall be taxed against the person found liable for any judgment or order enforcing such lien. It is lawful for the memorandum to be filed as one statement listing the information required in subdivisions 1 through 4 and each of the lot owners whose property within the subdivision is liened. The cost of filing shall be as provided in subdivision A 2 of § 17.1-275.\n\t\t\t\tAny 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 lot is located or a nonjudicial foreclosure. 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 shall be regarded as the institution of an action under this subsection. Nothing in this subsection shall be construed to extend the time within which any such lien may be perfected. Nothing shall preclude the association from filing a single action listing all unpaid delinquent and enumerated lot owners as defendants and obtaining judgment against those so adjudicated by the court hearing the action. The association may conduct a judicial or nonjudicial foreclosure sale upon a lot against which the 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.\n\t\t\t\tThe judgment in an action brought pursuant to this subsection shall include, without limitation, reimbursement for costs and attorney fees, together with the interest at the maximum lawful rate for the sums secured by the lien from the time each sum became due and payable.\n\t\t\t\tWhen payment or satisfaction is made of a debt secured by the lien perfected by this subsection, the lien shall be released in accordance with the provisions of § 55.1-339. For the purposes of § 55.1-339, the president or secretary of the association is the duly authorized agent of the lien creditor.\n\t\t\t\tNothing in this subsection shall be construed to prohibit the recovery of sums for which this subsection creates a lien.\n\t\t\t\tAny lot owner within the subdivision having executed a contract for the disposition of the lot is entitled, upon request, to a recordable statement setting forth the amount of unpaid regular or special assessments currently levied against that lot. Such request shall be in writing, directed to the president of the association, and delivered to the principal office of the association. Failure of the association to furnish or make available such a statement within five business days from the receipt of such written request shall extinguish the lien created by this subsection as to the lot involved. Payment of a fee not exceeding $15 may be required as a prerequisite to the issuance of such a statement if the bylaws of the association so provide.E\n\nIf, upon July 1, 1978, and a subdivision becoming subject to the terms and requirements outlined in subdivisions A 1 through 8 have not been performed, then the requirements shall have to be fully complied with within a period of 90 days from July 1, 1978, and upon failure to fully perform all of such requirements within the 90-day period the failure so to do shall constitute a violation of this subsection.F\n\nEach lot owner within a subdivision that falls within the scope of this chapter shall be responsible for his pro rata share of the cost of maintaining the common facilities and common areas owned by the association. For purposes of this subsection, “common facilities and common areas” means only the roads and lakes within the subdivision, and “maintaining” includes any orderly program for the continued upkeep and improvement of such roads and lakes. The association has the responsibility of determining the pro rata share assessed against each lot owner, and such amount assessed shall be in addition to the annual or special assessment otherwise obligated by each member of the association.G\n\nIf a subdivision of land meets the requirement in subdivision 2 of the definition of subdivision as provided in § 55.1-2300, then the property owners’ association of the subject subdivision has the powers and duties enumerated in subsections C, D, and F as well as the rights and authority to establish those procedures outlined in subdivisions A 4, 5, and 6 and the penalties in subdivision A 8, and also has the obligations imposed by such subdivisions and those of subdivisions A 9 through 12.","order_by":null,"text":{"0":{"id":256341,"text":"The covenants, deed restrictions, articles of incorporation, bylaws, or other instruments for the management, regulation, and control of subdivisions that include facilities or amenities for which the lot owners are assessed on a regular or special basis for the use, enjoyment, and maintenance of such facilities or amenities shall provide for at a minimum:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":256342,"text":"Formation of an association to be composed of lot owners within the subdivision, such formation occurring prior to the sale of the first lot within the subdivision by the developer;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":256343,"text":"A description of the areas or interests to be owned or controlled by the association, including those facilities or amenities for which the lot owners are subject to regular or special assessments;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":256344,"text":"The transfer of title, control, and maintenance responsibilities of common areas and common facilities to the association, which transfer is to take place no later than at such time as the developer transfers legal or equitable ownership of at least 75 percent of the lots within the subdivision to purchasers of such lots or when all of the amenities and facilities are completed, whichever occurs first, but in no event any sooner than two years from the date the developer sells his first lot within the subdivision should the developer elect to retain title to the common areas and common facilities for such period. The transfer of such title, control, and maintenance responsibilities required of the developer shall not exonerate the developer from the responsibility of completion of the common areas and facilities once the transfer takes place.\n\t\t\t\tNothing in this section shall preclude the developer from transferring the common areas and common facilities for consideration, provided that (i) such consideration does not exceed the lesser of the fair market value of such common areas and common facilities at the time of transfer or the actual cost expended by the developer for such common areas and common facilities and (ii) the developer affirmatively discloses the following information to the purchaser, in writing, at the time the initial contract of purchase is signed:\n\t\t\t\ta. That the common areas and common facilities will be transferred only upon payment of consideration by the association;\n\t\t\t\tb. The terms upon which such transfer will be made; and\n\t\t\t\tc. An estimate of the amount of consideration to be paid by the association.\n\t\t\t\tIn the event the developer seeks payment for the areas or facilities transferred, the association shall have the option of deferring such payment, evidence by a deed of trust note covering a period of not less than five years at the legal rate of interest allowed in the Commonwealth and secured by a deed of trust covering the areas or facilities transferred;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":256345,"text":"Procedures for determining and collecting regular assessments to defray expenses attributable to the ownership, use, enjoyment, and operation of common areas and facilities transferred to the association;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":256346,"text":"Procedures for establishing and collecting special assessments for capital improvements or other purposes;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":256347,"text":"Procedures to be employed upon the annexation of additional land to the existing subdivision that shall disclose whether or not per capita assessments on account of such annexation shall be subject to an increase, in the event additional amenities or common facilities are provided lot owners within the subdivision;","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":256348,"text":"Such procedures and restrictions, if any, that apply to the voluntary or involuntary resale of a lot within a subdivision by a purchaser or his agent, which shall be established prior to the sale of the first lot by the developer within the subdivision;","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":256349,"text":"Monetary penalties or use privilege and voting suspension of members for breaches of the restrictions, bylaws, or other instruments for management and control of the subdivision, or for nonpayment of regular or special assessments, with procedures for hearings for the disciplined members;","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"A9"},"9":{"id":256350,"text":"Creation of a board of directors or other governing body for the association with the members of the board or body to be elected by a vote of members of the association in good standing at an annual meeting or special meeting to be held not later than six months after the transfer of the areas of facilities provided for in subdivision 3;","type":"section","prefixes":["A","9"],"prefix":"9","entire_prefix":"A9","prefix_anchor":"A9","level":2,"prior_prefix":"A8","next_prefix":"A10"},"10":{"id":256351,"text":"Enumeration of the power of the board of directors or governing body that is consistent with and not otherwise provided by law;","type":"section","prefixes":["A","10"],"prefix":"10","entire_prefix":"A10","prefix_anchor":"A10","level":2,"prior_prefix":"A9","next_prefix":"A11"},"11":{"id":256352,"text":"The preparation of an annual balance sheet and operating statement for each fiscal year with provision for distribution of a copy of the reports to each member of the association in good standing within 90 days after the end of the fiscal year;","type":"section","prefixes":["A","11"],"prefix":"11","entire_prefix":"A11","prefix_anchor":"A11","level":2,"prior_prefix":"A10","next_prefix":"A12"},"12":{"id":256353,"text":"Quorum requirements for meetings of members of the association who are in good standing; and","type":"section","prefixes":["A","12"],"prefix":"12","entire_prefix":"A12","prefix_anchor":"A12","level":2,"prior_prefix":"A11","next_prefix":"A13"},"13":{"id":256354,"text":"Such other provisions as may be required by the Virginia Nonstock Corporation Act (§ 13.1-801 et seq.) if the association is a Virginia nonstock corporation.","type":"section","prefixes":["A","13"],"prefix":"13","entire_prefix":"A13","prefix_anchor":"A13","level":2,"prior_prefix":"A12","next_prefix":"B"},"14":{"id":256355,"text":"Any developer of a subdivision, successor or otherwise, when such subdivision is subject to the provisions of this chapter, shall be obligated to complete the facilities and amenities as promised and outlined in subsection A by the initial developer of the subdivision subject to the transfer of title, control, and maintenance responsibilities of common areas and common facilities to the lot owners’ association. The foregoing shall not be deemed to apply to any purchaser at foreclosure or grantee in a deed in lieu of foreclosure, provided that the purchaser or grantee is a financial institution and the mortgagee, creditor, or beneficiary under the instrument being foreclosed or giving rise to the deed in lieu of foreclosure. For the purposes of this subsection, “financial institution” means a bank, savings institution, real estate investment trust, insurance company, pension or profit sharing trust, or other institution regularly engaged in the business of making real estate loans. For purposes of this subsection, the lot owners’ association shall not be deemed a developer if at a meeting of its members in good standing a vote is taken and at least 50 percent of the members vote to be exempt from the requirements of this subsection.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A13","next_prefix":"C"},"15":{"id":256356,"text":"The association, once formed and in existence, and the title owner of the common areas and common facilities within the subdivision and which has been in existence for a period of at least five years shall have the authority to pass special assessments against and raise the annual assessments of the members of the association and to collect such assessments from such members according to law, if the purpose in so doing is for the maintenance of such common areas and common facilities. The authority granted and conferred upon the association by this subsection exists only where the restrictions and covenants of record do not contain specific language that precludes the adoption of special assessments or increases the annual dues or assessments.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"16":{"id":256357,"text":"The association shall have a lien on every lot within its subdivision for unpaid regular or special assessments levied against such lot in accordance with the provisions of this chapter. The lien, once perfected, shall be prior to all other liens and encumbrances except (i) real estate tax liens on such lot, (ii) liens and encumbrances recorded prior to the perfected lien, and (iii) any sums unpaid on any first mortgages or first deeds of trust recorded prior to the perfection of the lien for regular or special assessments and securing institutional lenders. The provisions of this subsection shall not affect the priority of mechanics’ and materialmen’s liens.\n\t\t\tNotwithstanding any other provision of this chapter, or any other provisions of law requiring documents to be recorded in the miscellaneous lien books or the deed books of the clerk’s office of any court, from July 1, 1978, all memoranda of liens arising under this subsection shall, in the discretion of the clerk, be recorded in the miscellaneous lien books or the deed books in such clerk’s office. Any memorandum shall be indexed in the general index to deeds, and such general index shall identify the lien as a lien for subdivision regular or special assessments.\n\t\t\tThe association, in order to perfect the lien given by this subsection, shall file before the expiration of 90 days from the time such regular or special assessment became due and payable in the clerk’s office of the county or city in which the subdivision is situated a memorandum, verified by the oath of the president of the association, which shall contain:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"17":{"id":256358,"text":"A description of the subdivision;","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"18":{"id":256359,"text":"The name or names of the owners of the lot;","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"19":{"id":256360,"text":"The amount of unpaid regular or special assessments currently due or past due applicable to the lot, together with the date when each fell due; and","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"D4"},"20":{"id":256361,"text":"The date of issuance of the memorandum.\n\t\t\t\tThe clerk in whose office the memorandum is filed shall record and index such memorandum as provided in this subsection, in the names of the persons identified in such memorandum, as well as in the name of the association. The cost of recording the memorandum shall be taxed against the person found liable for any judgment or order enforcing such lien. It is lawful for the memorandum to be filed as one statement listing the information required in subdivisions 1 through 4 and each of the lot owners whose property within the subdivision is liened. The cost of filing shall be as provided in subdivision A 2 of § 17.1-275.\n\t\t\t\tAny 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 lot is located or a nonjudicial foreclosure. 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 shall be regarded as the institution of an action under this subsection. Nothing in this subsection shall be construed to extend the time within which any such lien may be perfected. Nothing shall preclude the association from filing a single action listing all unpaid delinquent and enumerated lot owners as defendants and obtaining judgment against those so adjudicated by the court hearing the action. The association may conduct a judicial or nonjudicial foreclosure sale upon a lot against which the 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.\n\t\t\t\tThe judgment in an action brought pursuant to this subsection shall include, without limitation, reimbursement for costs and attorney fees, together with the interest at the maximum lawful rate for the sums secured by the lien from the time each sum became due and payable.\n\t\t\t\tWhen payment or satisfaction is made of a debt secured by the lien perfected by this subsection, the lien shall be released in accordance with the provisions of § 55.1-339. For the purposes of § 55.1-339, the president or secretary of the association is the duly authorized agent of the lien creditor.\n\t\t\t\tNothing in this subsection shall be construed to prohibit the recovery of sums for which this subsection creates a lien.\n\t\t\t\tAny lot owner within the subdivision having executed a contract for the disposition of the lot is entitled, upon request, to a recordable statement setting forth the amount of unpaid regular or special assessments currently levied against that lot. Such request shall be in writing, directed to the president of the association, and delivered to the principal office of the association. Failure of the association to furnish or make available such a statement within five business days from the receipt of such written request shall extinguish the lien created by this subsection as to the lot involved. Payment of a fee not exceeding $15 may be required as a prerequisite to the issuance of such a statement if the bylaws of the association so provide.","type":"section","prefixes":["D","4"],"prefix":"4","entire_prefix":"D4","prefix_anchor":"D4","level":2,"prior_prefix":"D3","next_prefix":"E"},"21":{"id":256362,"text":"If, upon July 1, 1978, and a subdivision becoming subject to the terms and requirements outlined in subdivisions A 1 through 8 have not been performed, then the requirements shall have to be fully complied with within a period of 90 days from July 1, 1978, and upon failure to fully perform all of such requirements within the 90-day period the failure so to do shall constitute a violation of this subsection.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D4","next_prefix":"F"},"22":{"id":256363,"text":"Each lot owner within a subdivision that falls within the scope of this chapter shall be responsible for his pro rata share of the cost of maintaining the common facilities and common areas owned by the association. For purposes of this subsection, “common facilities and common areas” means only the roads and lakes within the subdivision, and “maintaining” includes any orderly program for the continued upkeep and improvement of such roads and lakes. The association has the responsibility of determining the pro rata share assessed against each lot owner, and such amount assessed shall be in addition to the annual or special assessment otherwise obligated by each member of the association.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"23":{"id":256364,"text":"If a subdivision of land meets the requirement in subdivision 2 of the definition of subdivision as provided in § 55.1-2300, then the property owners’ association of the subject subdivision has the powers and duties enumerated in subsections C, D, and F as well as the rights and authority to establish those procedures outlined in subdivisions A 4, 5, and 6 and the penalties in subdivision A 8, and also has the obligations imposed by such subdivisions and those of subdivisions A 9 through 12.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":14090,"edition_id":1,"name":"Subdivided Land Sales Act","identifier":"23","label":"chapter","depth":3,"order_by":1,"parent_id":12914,"metadata":{},"date_created":"2026-06-26 03:46:51","date_modified":"2026-06-26 03:46:51","permalink":{"id":247695,"object_type":"structure","relational_id":14090,"identifier":"23","token":"55.1\/IV\/23","url":"\/55.1\/IV\/23\/","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":71715,"structure_id":14090,"section_number":"55.1-2300","catch_line":"Definitions","url":"\/55.1-2300\/","token":"55.1\/IV\/23\/55.1-2300","metadata":false},{"id":56010,"structure_id":14090,"section_number":"55.1-2301","catch_line":"Exemptions","url":"\/55.1-2301\/","token":"55.1\/IV\/23\/55.1-2301","metadata":false},{"id":64970,"structure_id":14090,"section_number":"55.1-2302","catch_line":"Transfer of ownership","url":"\/55.1-2302\/","token":"55.1\/IV\/23\/55.1-2302","metadata":false},{"id":75889,"structure_id":14090,"section_number":"55.1-2303","catch_line":"Blanket encumbrances","url":"\/55.1-2303\/","token":"55.1\/IV\/23\/55.1-2303","metadata":false},{"id":80560,"structure_id":14090,"section_number":"55.1-2304","catch_line":"Restraints on alienation","url":"\/55.1-2304\/","token":"55.1\/IV\/23\/55.1-2304","metadata":false},{"id":71094,"structure_id":14090,"section_number":"55.1-2305","catch_line":"Management, regulation, and control of subdivisions with common facilities or property owners' associations; assessments; liens","url":"\/55.1-2305\/","token":"55.1\/IV\/23\/55.1-2305","metadata":false},{"id":55216,"structure_id":14090,"section_number":"55.1-2306","catch_line":"Penalties","url":"\/55.1-2306\/","token":"55.1\/IV\/23\/55.1-2306","metadata":false}],"previous_section":{"id":80560,"structure_id":14090,"section_number":"55.1-2304","catch_line":"Restraints on alienation","url":"\/55.1-2304\/","token":"55.1\/IV\/23\/55.1-2304","metadata":false},"next_section":{"id":55216,"structure_id":14090,"section_number":"55.1-2306","catch_line":"Penalties","url":"\/55.1-2306\/","token":"55.1\/IV\/23\/55.1-2306","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-2305\/","history_text":"

This law was first created in 1978. The record of its establishment is cataloged in chapter 510 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 1978 \u201cActs\u201d aren\u2019t available online. It has been modified 6 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 1980, chapter 546; in 1989, chapter 68; in 1993, chapter 36; in 1996, chapter 77<\/a>; in 2019, chapter 712<\/a>; in 2024, chapters 55<\/a> and 349<\/a>.<\/p>","references":[{"id":63483,"section_number":"15.2-2257","catch_line":"Procedure to modify certain covenants in Shenandoah County","order_by":null,"url":"\/15.2-2257\/"},{"id":71715,"section_number":"55.1-2300","catch_line":"Definitions","order_by":null,"url":"\/55.1-2300\/"},{"id":55216,"section_number":"55.1-2306","catch_line":"Penalties","order_by":null,"url":"\/55.1-2306\/"}],"refers_to":[{"id":76305,"section_number":"13.1-801","catch_line":"Short title","order_by":null,"url":"\/13.1-801\/"},{"id":71931,"section_number":"17.1-275","catch_line":"Fees collected by clerks of circuit courts; generally","order_by":null,"url":"\/17.1-275\/"},{"id":71715,"section_number":"55.1-2300","catch_line":"Definitions","order_by":null,"url":"\/55.1-2300\/"},{"id":82066,"section_number":"55.1-339","catch_line":"Release of deed of trust or other lien","order_by":null,"url":"\/55.1-339\/"}],"permalink":{"id":247717,"object_type":"law","relational_id":71094,"identifier":"55.1-2305","token":"55.1\/IV\/23\/55.1-2305","url":"\/55.1-2305\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-2305\/","token":"55.1\/IV\/23\/55.1-2305","dublin_core":{"Title":"Management, regulation, and control of subdivisions with common facilities or property owners’ associations; assessments; liens","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-2305","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The covenants, deed restrictions, articles of incorporation, bylaws, or other instruments for the management, regulation, and control of subdivisions that include facilities or amenities for which the lot<\/span> owners are assessed on a regular or special basis for the use, enjoyment, and maintenance of such facilities or amenities shall provide for at a minimum: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Formation of an association to be composed of lot<\/span> owners within the subdivision, such formation occurring prior to the sale<\/span> of the first lot<\/span> within the subdivision by the developer<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A description of the areas or interests to be owned or controlled by the association, including those facilities or amenities for which the lot<\/span> owners are subject to regular or special assessments; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The transfer of title, control, and maintenance responsibilities of common areas and common facilities to the association, which transfer is to take place no later than at such time as the developer<\/span> transfers legal or equitable<\/span> ownership of at least 75 percent of the lots<\/span> within the subdivision to purchasers<\/span> of such lots<\/span> or when all of the amenities and facilities are completed, whichever occurs first, but in no event any sooner than two years from the date the developer<\/span> sells his first lot<\/span> within the subdivision should the developer<\/span> elect to retain title to the common areas and common facilities for such period. The transfer of such title, control, and maintenance responsibilities required of the developer<\/span> shall not exonerate the developer<\/span> from the responsibility of completion of the common areas and facilities once the transfer takes place.\n\t\t\t\tNothing in this section shall preclude the developer<\/span> from transferring the common areas and common facilities for consideration, provided that (i) such consideration does not exceed the lesser of the fair market value of such common areas and common facilities at the time of transfer or the actual cost expended by the developer<\/span> for such common areas and common facilities and (ii) the developer<\/span> affirmatively discloses the following information to the purchaser<\/span>, in writing, at the time the initial contract<\/span> of purchase is signed:\n\t\t\t\ta. That the common areas and common facilities will be transferred only upon payment of consideration by the association;\n\t\t\t\tb. The terms upon which such transfer will be made; and\n\t\t\t\tc. An estimate of the amount of consideration to be paid by the association.\n\t\t\t\tIn the event the developer<\/span> seeks payment for the areas or facilities transferred, the association shall have the option of deferring such payment, evidence<\/span> by a deed of trust note covering a period of not less than five years at the legal rate of interest allowed in the Commonwealth and secured by a deed of trust covering the areas or facilities transferred; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Procedures for determining and collecting regular assessments to defray expenses attributable to the ownership, use, enjoyment, and operation of common areas and facilities transferred to the association; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Procedures for establishing and collecting special assessments for capital improvements or other purposes; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Procedures to be employed upon the annexation of additional land to the existing subdivision that shall disclose whether or not per capita assessments on account of such annexation shall be subject to an increase, in the event additional amenities or common facilities are provided lot<\/span> owners within the subdivision; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Such procedures and restrictions, if any, that apply to the voluntary or involuntary resale of a lot<\/span> within a subdivision by a purchaser<\/span> or his agent<\/span>, which shall be established prior to the sale<\/span> of the first lot<\/span> by the developer<\/span> within the subdivision; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Monetary penalties or use privilege<\/span> and voting suspension of members for breaches of the restrictions, bylaws, or other instruments for management and control of the subdivision, or for nonpayment of regular or special assessments, with procedures for hearings<\/span> for the disciplined members; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Creation of a board of directors or other governing body for the association with the members of the board or body to be elected by a vote of members of the association in good standing at an annual meeting or special meeting to be held not later than six months after the transfer of the areas of facilities provided for in subdivision 3; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Enumeration of the power of the board of directors or governing body that is consistent with and not otherwise provided by law<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> The preparation of an annual balance sheet and operating statement for each fiscal year with provision for distribution of a copy of the reports to each member of the association in good standing within 90 days after the end of the fiscal year; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> Quorum requirements for meetings of members of the association who are in good standing; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> Such other provisions as may be required by the Virginia Nonstock Corporation Act (§ 13.1-801<\/a> et seq.) if the association is a Virginia nonstock corporation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any developer<\/span> of a subdivision, successor or otherwise, when such subdivision is subject to the provisions of this chapter, shall be obligated to complete the facilities and amenities as promised and outlined in subsection A by the initial developer<\/span> of the subdivision subject to the transfer of title, control, and maintenance responsibilities of common areas and common facilities to the lot<\/span> owners’ association. The foregoing shall not be deemed to apply to any purchaser<\/span> at foreclosure or grantee in a deed in lieu of foreclosure, provided that the purchaser<\/span> or grantee is a financial institution<\/span> and the mortgagee, creditor<\/span>, or beneficiary under the instrument being foreclosed or giving rise to the deed in lieu of foreclosure. For the purposes of this subsection, “financial institution<\/span>” means a bank, savings institution, real estate investment trust, insurance company, pension or profit sharing trust, or other institution regularly engaged in the business of making real estate loans. For purposes of this subsection, the lot<\/span> owners’ association shall not be deemed a developer<\/span> if at a meeting of its members in good standing a vote is taken and at least 50 percent of the members vote to be exempt from the requirements of this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The association, once formed and in existence, and the title owner of the common areas and common facilities within the subdivision and which has been in existence for a period of at least five years shall have the authority to pass special assessments against and raise the annual assessments of the members of the association and to collect such assessments from such members according to law<\/span>, if the purpose in so doing is for the maintenance of such common areas and common facilities. The authority granted and conferred upon the association by this subsection exists only where the restrictions and covenants of record do not contain specific language that precludes the adoption of special assessments or increases the annual dues or assessments. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The association shall have a lien<\/span> on every lot<\/span> within its subdivision for unpaid regular or special assessments levied against such lot<\/span> in accordance with the provisions of this chapter. The lien<\/span>, once perfected, shall be prior to all other liens<\/span> and encumbrances except (i) real estate tax liens<\/span> on such lot<\/span>, (ii) liens<\/span> and encumbrances recorded prior to the perfected lien<\/span>, and (iii) any sums unpaid on any first mortgages or first deeds of trust recorded prior to the perfection of the lien<\/span> for regular or special assessments and securing institutional lenders. The provisions of this subsection shall not affect the priority of mechanics’ and materialmen’s liens<\/span>.\n\t\t\tNotwithstanding any other provision of this chapter, or any other provisions of law<\/span> requiring documents to be recorded in the miscellaneous lien<\/span> books or the deed books of the clerk’s office of any court<\/span>, from July 1, 1978, all memoranda of liens<\/span> arising under this subsection 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 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 subdivision regular or special assessments.\n\t\t\tThe association, in order<\/span> to perfect the lien<\/span> given by this subsection, shall file before the expiration of 90 days from the time such regular or special assessment became due and payable in the clerk’s office of the county or city in which the subdivision is situated a memorandum<\/span>, verified by the oath<\/span> of the president of the association, which shall contain: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A description of the subdivision; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The name or names of the owners of the lot<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The amount of unpaid regular or special assessments currently due or past due applicable to the lot<\/span>, together with the date when each fell due; and <\/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 the memorandum<\/span> is filed shall record and index such memorandum<\/span> as provided in this subsection, in the names of the persons<\/span> identified in such memorandum<\/span>, as well as in the name of the association. The cost of recording the memorandum<\/span> shall be taxed against the person<\/span> found liable for any judgment<\/span> or order<\/span> enforcing such lien<\/span>. It is lawful for the memorandum<\/span> to be filed as one statement listing the information required in subdivisions 1 through 4 and each of the lot<\/span> owners whose property within the subdivision is liened. The cost of filing shall be as provided in subdivision A 2 of § 17.1-275<\/a>.\n\t\t\t\tAny 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 lot<\/span> is located or a nonjudicial foreclosure. 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 shall be regarded as the institution of an action under this subsection. Nothing in this subsection shall be construed to extend the time within which any such lien<\/span> may be perfected. Nothing shall preclude the association from filing a single action listing all unpaid delinquent and enumerated lot<\/span> owners as defendants<\/span> and obtaining judgment<\/span> against those so adjudicated by the court<\/span> hearing<\/span> the action. The association may conduct a judicial or nonjudicial foreclosure sale<\/span> upon a lot<\/span> against which the 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.\n\t\t\t\tThe judgment<\/span> in an action brought pursuant to this subsection shall include, without limitation, reimbursement for costs and attorney fees, together with the interest at the maximum lawful rate for the sums secured by the lien<\/span> from the time each sum became due and payable.\n\t\t\t\tWhen payment or satisfaction is made of a debt secured by the lien<\/span> perfected by this subsection, the lien<\/span> shall be released in accordance with the provisions of § 55.1-339<\/a>. For the purposes of § 55.1-339<\/a>, the president or secretary of the association is the duly authorized agent<\/span> of the lien<\/span> creditor<\/span>.\n\t\t\t\tNothing in this subsection shall be construed to prohibit the recovery of sums for which this subsection creates a lien<\/span>.\n\t\t\t\tAny lot<\/span> owner within the subdivision having executed a contract<\/span> for the disposition<\/span> of the lot<\/span> is entitled, upon request, to a recordable statement setting forth the amount of unpaid regular or special assessments currently levied against that lot<\/span>. Such request shall be in writing, directed to the president of the association, and delivered to the principal office of the association. Failure of the association to furnish or make available such a statement within five business days from the receipt of such written request shall extinguish the lien<\/span> created by this subsection as to the lot<\/span> involved. Payment of a fee not exceeding $15 may be required as a prerequisite to the issuance of such a statement if the bylaws of the association so provide. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If, upon July 1, 1978, and a subdivision becoming subject to the terms and requirements outlined in subdivisions A 1 through 8 have not been performed, then the requirements shall have to be fully complied with within a period of 90 days from July 1, 1978, and upon failure to fully perform all of such requirements within the 90-day period the failure so to do shall constitute a violation of this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Each lot<\/span> owner within a subdivision that falls within the scope of this chapter shall be responsible for his pro rata share of the cost of maintaining<\/span> the common facilities and common areas<\/span> owned by the association. For purposes of this subsection, “common facilities and common areas<\/span>” means only the roads and lakes within the subdivision, and “maintaining<\/span>” includes any orderly program for the continued upkeep and improvement of such roads and lakes. The association has the responsibility of determining the pro rata share assessed against each lot<\/span> owner, and such amount assessed shall be in addition to the annual or special assessment otherwise obligated by each member of the association. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> If a subdivision of land meets the requirement in subdivision 2 of the definition of subdivision as provided in § 55.1-2300<\/a>, then the property owners’ association of the subject subdivision has the powers and duties enumerated in subsections C, D, and F as well as the rights and authority to establish those procedures outlined in subdivisions A 4, 5, and 6 and the penalties in subdivision A 8, and also has the obligations imposed by such subdivisions and those of subdivisions A 9 through 12. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nMANAGEMENT, REGULATION, AND CONTROL OF SUBDIVISIONS WITH COMMON FACILITIES OR\nPROPERTY OWNERS’ ASSOCIATIONS; ASSESSMENTS; LIENS (\u00a7 55.1-2305)\n\nA. The covenants, deed restrictions, articles of incorporation, bylaws, or other\ninstruments for the management, regulation, and control of subdivisions that\ninclude facilities or amenities for which the lot owners are assessed on a\nregular or special basis for the use, enjoyment, and maintenance of such\nfacilities or amenities shall provide for at a minimum:\n\n 1. Formation of an association to be composed of lot owners within the\n subdivision, such formation occurring prior to the sale of the first lot\n within the subdivision by the developer;\n\n 2. A description of the areas or interests to be owned or controlled by the\n association, including those facilities or amenities for which the lot owners\n are subject to regular or special assessments;\n\n 3. The transfer of title, control, and maintenance responsibilities of common\n areas and common facilities to the association, which transfer is to take\n place no later than at such time as the developer transfers legal or equitable\n ownership of at least 75 percent of the lots within the subdivision to\n purchasers of such lots or when all of the amenities and facilities are\n completed, whichever occurs first, but in no event any sooner than two years\n from the date the developer sells his first lot within the subdivision should\n the developer elect to retain title to the common areas and common facilities\n for such period. The transfer of such title, control, and maintenance\n responsibilities required of the developer shall not exonerate the developer\n from the responsibility of completion of the common areas and facilities once\n the transfer takes place.\n \t\t\t\tNothing in this section shall preclude the developer from transferring the\n common areas and common facilities for consideration, provided that (i) such\n consideration does not exceed the lesser of the fair market value of such\n common areas and common facilities at the time of transfer or the actual cost\n expended by the developer for such common areas and common facilities and (ii)\n the developer affirmatively discloses the following information to the\n purchaser, in writing, at the time the initial contract of purchase is signed:\n \t\t\t\ta. That the common areas and common facilities will be transferred only\n upon payment of consideration by the association;\n \t\t\t\tb. The terms upon which such transfer will be made; and\n \t\t\t\tc. An estimate of the amount of consideration to be paid by the\n association.\n \t\t\t\tIn the event the developer seeks payment for the areas or facilities\n transferred, the association shall have the option of deferring such payment,\n evidence by a deed of trust note covering a period of not less than five years\n at the legal rate of interest allowed in the Commonwealth and secured by a\n deed of trust covering the areas or facilities transferred;\n\n 4. Procedures for determining and collecting regular assessments to defray\n expenses attributable to the ownership, use, enjoyment, and operation of\n common areas and facilities transferred to the association;\n\n 5. Procedures for establishing and collecting special assessments for capital\n improvements or other purposes;\n\n 6. Procedures to be employed upon the annexation of additional land to the\n existing subdivision that shall disclose whether or not per capita assessments\n on account of such annexation shall be subject to an increase, in the event\n additional amenities or common facilities are provided lot owners within the\n subdivision;\n\n 7. Such procedures and restrictions, if any, that apply to the voluntary or\n involuntary resale of a lot within a subdivision by a purchaser or his agent,\n which shall be established prior to the sale of the first lot by the developer\n within the subdivision;\n\n 8. Monetary penalties or use privilege and voting suspension of members for\n breaches of the restrictions, bylaws, or other instruments for management and\n control of the subdivision, or for nonpayment of regular or special\n assessments, with procedures for hearings for the disciplined members;\n\n 9. Creation of a board of directors or other governing body for the\n association with the members of the board or body to be elected by a vote of\n members of the association in good standing at an annual meeting or special\n meeting to be held not later than six months after the transfer of the areas\n of facilities provided for in subdivision 3;\n\n 10. Enumeration of the power of the board of directors or governing body that\n is consistent with and not otherwise provided by law;\n\n 11. The preparation of an annual balance sheet and operating statement for\n each fiscal year with provision for distribution of a copy of the reports to\n each member of the association in good standing within 90 days after the end\n of the fiscal year;\n\n 12. Quorum requirements for meetings of members of the association who are in\n good standing; and\n\n 13. Such other provisions as may be required by the Virginia Nonstock\n Corporation Act (§ 13.1-801 et seq.) if the association is a Virginia\n nonstock corporation.\n\nB. Any developer of a subdivision, successor or otherwise, when such subdivision\nis subject to the provisions of this chapter, shall be obligated to complete the\nfacilities and amenities as promised and outlined in subsection A by the initial\ndeveloper of the subdivision subject to the transfer of title, control, and\nmaintenance responsibilities of common areas and common facilities to the lot\nowners’ association. The foregoing shall not be deemed to apply to any\npurchaser at foreclosure or grantee in a deed in lieu of foreclosure, provided\nthat the purchaser or grantee is a financial institution and the mortgagee,\ncreditor, or beneficiary under the instrument being foreclosed or giving rise to\nthe deed in lieu of foreclosure. For the purposes of this subsection,\n“financial institution” means a bank, savings institution, real\nestate investment trust, insurance company, pension or profit sharing trust, or\nother institution regularly engaged in the business of making real estate loans.\nFor purposes of this subsection, the lot owners’ association shall not be\ndeemed a developer if at a meeting of its members in good standing a vote is\ntaken and at least 50 percent of the members vote to be exempt from the\nrequirements of this subsection.\n\nC. The association, once formed and in existence, and the title owner of the\ncommon areas and common facilities within the subdivision and which has been in\nexistence for a period of at least five years shall have the authority to pass\nspecial assessments against and raise the annual assessments of the members of\nthe association and to collect such assessments from such members according to\nlaw, if the purpose in so doing is for the maintenance of such common areas and\ncommon facilities. The authority granted and conferred upon the association by\nthis subsection exists only where the restrictions and covenants of record do\nnot contain specific language that precludes the adoption of special assessments\nor increases the annual dues or assessments.\n\nD. The association shall have a lien on every lot within its subdivision for\nunpaid regular or special assessments levied against such lot in accordance with\nthe provisions of this chapter. The lien, once perfected, shall be prior to all\nother liens and encumbrances except (i) real estate tax liens on such lot, (ii)\nliens and encumbrances recorded prior to the perfected lien, and (iii) any sums\nunpaid on any first mortgages or first deeds of trust recorded prior to the\nperfection of the lien for regular or special assessments and securing\ninstitutional lenders. The provisions of this subsection shall not affect the\npriority of mechanics’ and materialmen’s liens.\n\t\t\tNotwithstanding any other provision of this chapter, or any other provisions\nof law requiring documents to be recorded in the miscellaneous lien books or the\ndeed books of the clerk’s office of any court, from July 1, 1978, all\nmemoranda of liens arising under this subsection shall, in the discretion of the\nclerk, be recorded in the miscellaneous lien books or the deed books in such\nclerk’s office. Any memorandum shall be indexed in the general index to\ndeeds, and such general index shall identify the lien as a lien for subdivision\nregular or special assessments.\n\t\t\tThe association, in order to perfect the lien given by this subsection, shall\nfile before the expiration of 90 days from the time such regular or special\nassessment became due and payable in the clerk’s office of the county or\ncity in which the subdivision is situated a memorandum, verified by the oath of\nthe president of the association, which shall contain:\n\n 1. A description of the subdivision;\n\n 2. The name or names of the owners of the lot;\n\n 3. The amount of unpaid regular or special assessments currently due or past\n due applicable to the lot, together with the date when each fell due; and\n\n 4. The date of issuance of the memorandum.\n \t\t\t\tThe clerk in whose office the memorandum is filed shall record and index\n such memorandum as provided in this subsection, in the names of the persons\n identified in such memorandum, as well as in the name of the association. The\n cost of recording the memorandum shall be taxed against the person found\n liable for any judgment or order enforcing such lien. It is lawful for the\n memorandum to be filed as one statement listing the information required in\n subdivisions 1 through 4 and each of the lot owners whose property within the\n subdivision is liened. The cost of filing shall be as provided in subdivision\n A 2 of § 17.1-275.\n \t\t\t\tAny lien perfected pursuant to this section may be enforced by filing a\n civil action to conduct a judicial foreclosure in the circuit court in the\n county or city where the lot is located or a nonjudicial foreclosure. No\n foreclosure of any lien perfected under this section shall be initiated after\n 120 months from the time when the memorandum of lien was recorded. The filing\n of a civil action to enforce any such lien by foreclosure through judicial\n means or issuance of notice of nonjudicial foreclosure shall be regarded as\n the institution of an action under this subsection. Nothing in this subsection\n shall be construed to extend the time within which any such lien may be\n perfected. Nothing shall preclude the association from filing a single action\n listing all unpaid delinquent and enumerated lot owners as defendants and\n obtaining judgment against those so adjudicated by the court hearing the\n action. The association may conduct a judicial or nonjudicial foreclosure sale\n upon a lot against which the association has perfected one or more liens\n pursuant to this section if the total sums secured are in excess of $5,000,\n exclusive of attorney fees and costs.\n \t\t\t\tThe judgment in an action brought pursuant to this subsection shall\n include, without limitation, reimbursement for costs and attorney fees,\n together with the interest at the maximum lawful rate for the sums secured by\n the lien from the time each sum became due and payable.\n \t\t\t\tWhen payment or satisfaction is made of a debt secured by the lien\n perfected by this subsection, the lien shall be released in accordance with\n the provisions of § 55.1-339. For the purposes of § 55.1-339, the\n president or secretary of the association is the duly authorized agent of the\n lien creditor.\n \t\t\t\tNothing in this subsection shall be construed to prohibit the recovery of\n sums for which this subsection creates a lien.\n \t\t\t\tAny lot owner within the subdivision having executed a contract for the\n disposition of the lot is entitled, upon request, to a recordable statement\n setting forth the amount of unpaid regular or special assessments currently\n levied against that lot. Such request shall be in writing, directed to the\n president of the association, and delivered to the principal office of the\n association. Failure of the association to furnish or make available such a\n statement within five business days from the receipt of such written request\n shall extinguish the lien created by this subsection as to the lot involved.\n Payment of a fee not exceeding $15 may be required as a prerequisite to the\n issuance of such a statement if the bylaws of the association so provide.\n\nE. If, upon July 1, 1978, and a subdivision becoming subject to the terms and\nrequirements outlined in subdivisions A 1 through 8 have not been performed,\nthen the requirements shall have to be fully complied with within a period of 90\ndays from July 1, 1978, and upon failure to fully perform all of such\nrequirements within the 90-day period the failure so to do shall constitute a\nviolation of this subsection.\n\nF. Each lot owner within a subdivision that falls within the scope of this\nchapter shall be responsible for his pro rata share of the cost of maintaining\nthe common facilities and common areas owned by the association. For purposes of\nthis subsection, “common facilities and common areas” means only the\nroads and lakes within the subdivision, and “maintaining” includes\nany orderly program for the continued upkeep and improvement of such roads and\nlakes. The association has the responsibility of determining the pro rata share\nassessed against each lot owner, and such amount assessed shall be in addition\nto the annual or special assessment otherwise obligated by each member of the\nassociation.\n\nG. If a subdivision of land meets the requirement in subdivision 2 of the\ndefinition of subdivision as provided in § 55.1-2300, then the property\nowners’ association of the subject subdivision has the powers and duties\nenumerated in subsections C, D, and F as well as the rights and authority to\nestablish those procedures outlined in subdivisions A 4, 5, and 6 and the\npenalties in subdivision A 8, and also has the obligations imposed by such\nsubdivisions and those of subdivisions A 9 through 12.\n\nHISTORY: 1978, c. 510, \u00a7 55-344; 1980, c. 546; 1989, c. 68; 1993, c. 36; 1996,\nc. 77; 2019, c. 712; 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}}