{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-2316.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-2316.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-2316.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-2316.html"}],"law_id":57622,"edition_id":1,"section_id":57622,"structure_id":14775,"section_number":"55.1-2316","catch_line":"Resale certificate; fees","history":"2023, cc. 387, 388; 2024, cc. 54, 170, 511.","full_text":"A\n\nAn association may charge a post-closing fee and fees for preparation, delivery, and expedited delivery of a resale certificate, an updated resale certificate, or financial update and for the inspection of a unit performed to prepare the resale certificate or updated resale certificate. The seller shall be responsible for all fees associated with the preparation and delivery of the resale certificate, including any fees for inspection of the unit. The requesting party shall pay any fees for the preparation and delivery of the updated resale certificate. The seller shall be responsible for all fees associated with the preparation and delivery of the financial update. However, a settlement agent or other requesting party may pay such fees up front, regardless of whether such settlement agent or other requesting party requests to be reimbursed for such fees from the seller.B\n\nUnless provided otherwise by the association or this section, fees charged by an association for the preparation and delivery of a resale certificate, an updated resale certificate, or a financial update shall be paid when the resale certificate, updated resale certificate, or financial update is requested. However, if the seller agrees to pay the fees for preparation and delivery of the financial update, the association or the association’s management agent shall either (i) upon receipt of the request for the financial update, send instructions by electronic means to the seller for electronic payment or (ii) accept payment of such fees at the time of closing.C\n\nThe Common Interest Community Board shall establish the maximum fees that the association may charge for such post-closing and preparation, delivery, and inspection; such maximum fees shall be commercially reasonable and consistent with the effort required to comply with the resale certificate requirements. The maximum allowable fees, as published by the Common Interest Community Board and effective as of January 12, 2023, shall be adjusted no less than every five years, as of January 1 of that year, in an amount not less than the annual increases for that five-year period in the United States Average Consumer Price Index for all items, all urban consumers (CPI-U), as published by the Bureau of Labor Statistics of the U.S. Department of Labor or an equivalent successor index.D\n\nThe association shall publish and make available a schedule of the applicable fees (i) for preparation and delivery of the resale certificate, updated resale certificate, and financial update; (ii) for the inspection of a unit; and (iii) related to any post-closing costs.E\n\nA post-closing fee to be collected at settlement may be imposed on the purchaser of the property for the purpose of establishing the purchaser as the owner of the property in the records of the association.F\n\nNo association may collect fees authorized by this section unless the association (i) is registered with the Common Interest Community Board; (ii) is current in filing the most recent annual report and fee with the Common Interest Community Board pursuant to § 55.1-1835, 55.1-1980, or 55.1-2182; (iii) is current in paying any assessment made by the Common Interest Community Board pursuant to § 54.1-2354.5; and (iv) provides the option to receive the resale certificate electronically.","order_by":null,"text":{"0":{"id":211133,"text":"An association may charge a post-closing fee and fees for preparation, delivery, and expedited delivery of a resale certificate, an updated resale certificate, or financial update and for the inspection of a unit performed to prepare the resale certificate or updated resale certificate. The seller shall be responsible for all fees associated with the preparation and delivery of the resale certificate, including any fees for inspection of the unit. The requesting party shall pay any fees for the preparation and delivery of the updated resale certificate. The seller shall be responsible for all fees associated with the preparation and delivery of the financial update. However, a settlement agent or other requesting party may pay such fees up front, regardless of whether such settlement agent or other requesting party requests to be reimbursed for such fees from the seller.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":211134,"text":"Unless provided otherwise by the association or this section, fees charged by an association for the preparation and delivery of a resale certificate, an updated resale certificate, or a financial update shall be paid when the resale certificate, updated resale certificate, or financial update is requested. However, if the seller agrees to pay the fees for preparation and delivery of the financial update, the association or the association’s management agent shall either (i) upon receipt of the request for the financial update, send instructions by electronic means to the seller for electronic payment or (ii) accept payment of such fees at the time of closing.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":211135,"text":"The Common Interest Community Board shall establish the maximum fees that the association may charge for such post-closing and preparation, delivery, and inspection; such maximum fees shall be commercially reasonable and consistent with the effort required to comply with the resale certificate requirements. The maximum allowable fees, as published by the Common Interest Community Board and effective as of January 12, 2023, shall be adjusted no less than every five years, as of January 1 of that year, in an amount not less than the annual increases for that five-year period in the United States Average Consumer Price Index for all items, all urban consumers (CPI-U), as published by the Bureau of Labor Statistics of the U.S. Department of Labor or an equivalent successor index.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":211136,"text":"The association shall publish and make available a schedule of the applicable fees (i) for preparation and delivery of the resale certificate, updated resale certificate, and financial update; (ii) for the inspection of a unit; and (iii) related to any post-closing costs.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":211137,"text":"A post-closing fee to be collected at settlement may be imposed on the purchaser of the property for the purpose of establishing the purchaser as the owner of the property in the records of the association.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":211138,"text":"No association may collect fees authorized by this section unless the association (i) is registered with the Common Interest Community Board; (ii) is current in filing the most recent annual report and fee with the Common Interest Community Board pursuant to § 55.1-1835, 55.1-1980, or 55.1-2182; (iii) is current in paying any assessment made by the Common Interest Community Board pursuant to § 54.1-2354.5; and (iv) provides the option to receive the resale certificate electronically.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":14775,"edition_id":1,"name":"Resale Disclosure Act","identifier":"23.1","label":"chapter","depth":3,"order_by":1,"parent_id":12914,"metadata":{},"date_created":"2026-06-26 03:49:50","date_modified":"2026-06-26 03:49:50","permalink":{"id":247725,"object_type":"structure","relational_id":14775,"identifier":"23.1","token":"55.1\/IV\/23.1","url":"\/55.1\/IV\/23.1\/","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":85397,"structure_id":14775,"section_number":"55.1-2307","catch_line":"Definitions","url":"\/55.1-2307\/","token":"55.1\/IV\/23.1\/55.1-2307","metadata":false},{"id":73747,"structure_id":14775,"section_number":"55.1-2308","catch_line":"Contract for resale; disclosures","url":"\/55.1-2308\/","token":"55.1\/IV\/23.1\/55.1-2308","metadata":false},{"id":70933,"structure_id":14775,"section_number":"55.1-2309","catch_line":"Resale certificate; delivery","url":"\/55.1-2309\/","token":"55.1\/IV\/23.1\/55.1-2309","metadata":false},{"id":63018,"structure_id":14775,"section_number":"55.1-2310","catch_line":"Resale certificate; form and contents","url":"\/55.1-2310\/","token":"55.1\/IV\/23.1\/55.1-2310","metadata":false},{"id":80861,"structure_id":14775,"section_number":"55.1-2311","catch_line":"Updated resale certificate; financial update","url":"\/55.1-2311\/","token":"55.1\/IV\/23.1\/55.1-2311","metadata":false},{"id":77542,"structure_id":14775,"section_number":"55.1-2312","catch_line":"Cancellation of contract by purchaser","url":"\/55.1-2312\/","token":"55.1\/IV\/23.1\/55.1-2312","metadata":false},{"id":58689,"structure_id":14775,"section_number":"55.1-2313","catch_line":"Liability for resale certificate","url":"\/55.1-2313\/","token":"55.1\/IV\/23.1\/55.1-2313","metadata":false},{"id":68135,"structure_id":14775,"section_number":"55.1-2314","catch_line":"Failure to provide resale certificate; no waiver","url":"\/55.1-2314\/","token":"55.1\/IV\/23.1\/55.1-2314","metadata":false},{"id":77415,"structure_id":14775,"section_number":"55.1-2315","catch_line":"Properties subject to more than one declaration","url":"\/55.1-2315\/","token":"55.1\/IV\/23.1\/55.1-2315","metadata":false},{"id":57622,"structure_id":14775,"section_number":"55.1-2316","catch_line":"Resale certificate; fees","url":"\/55.1-2316\/","token":"55.1\/IV\/23.1\/55.1-2316","metadata":false},{"id":56550,"structure_id":14775,"section_number":"55.1-2317","catch_line":"Exemptions","url":"\/55.1-2317\/","token":"55.1\/IV\/23.1\/55.1-2317","metadata":false}],"previous_section":{"id":77415,"structure_id":14775,"section_number":"55.1-2315","catch_line":"Properties subject to more than one declaration","url":"\/55.1-2315\/","token":"55.1\/IV\/23.1\/55.1-2315","metadata":false},"next_section":{"id":56550,"structure_id":14775,"section_number":"55.1-2317","catch_line":"Exemptions","url":"\/55.1-2317\/","token":"55.1\/IV\/23.1\/55.1-2317","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-2316\/","history_text":"

This law was first created in 2023. The record of its establishment is cataloged in chapters 387<\/a> and 388<\/a> 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. It has been modified 1 time. 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. That modification is as follows: in 2024, chapters 54<\/a>, 170<\/a>, and 511<\/a>.<\/p>","references":[{"id":56849,"section_number":"55.1-1805","catch_line":"Association charges","order_by":null,"url":"\/55.1-1805\/"},{"id":71923,"section_number":"55.1-1904","catch_line":"Association charges","order_by":null,"url":"\/55.1-1904\/"}],"refers_to":[{"id":78911,"section_number":"54.1-2354.5","catch_line":"Common Interest Community Management Recovery Fund","order_by":null,"url":"\/54.1-2354.5\/"},{"id":78030,"section_number":"55.1-1835","catch_line":"Annual report by association","order_by":null,"url":"\/55.1-1835\/"},{"id":61172,"section_number":"55.1-1980","catch_line":"Annual report by unit owners' association","order_by":null,"url":"\/55.1-1980\/"},{"id":76413,"section_number":"55.1-2182","catch_line":"Annual report by associations","order_by":null,"url":"\/55.1-2182\/"}],"permalink":{"id":247763,"object_type":"law","relational_id":57622,"identifier":"55.1-2316","token":"55.1\/IV\/23.1\/55.1-2316","url":"\/55.1-2316\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-2316\/","token":"55.1\/IV\/23.1\/55.1-2316","dublin_core":{"Title":"Resale certificate; fees","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-2316","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> An association<\/span> may charge a post-closing fee and fees for preparation, delivery, and expedited delivery of a resale certificate, an updated resale certificate<\/span>, or financial update<\/span> and for the inspection of a unit<\/span> performed to prepare the resale certificate or updated resale certificate<\/span>. The seller<\/span> shall be responsible for all fees associated with the preparation and delivery of the resale certificate, including any fees for inspection of the unit<\/span>. The requesting party<\/span> shall pay any fees for the preparation and delivery of the updated resale certificate<\/span>. The seller<\/span> shall be responsible for all fees associated with the preparation and delivery of the financial update<\/span>. However, a settlement agent<\/span> or other requesting party<\/span> may pay such fees up front, regardless of whether such settlement agent<\/span> or other requesting party<\/span> requests to be reimbursed for such fees from the seller<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Unless provided otherwise by the association<\/span> or this section, fees charged by an association<\/span> for the preparation and delivery of a resale certificate, an updated resale certificate<\/span>, or a financial update<\/span> shall be paid when the resale certificate, updated resale certificate<\/span>, or financial update<\/span> is requested. However, if the seller<\/span> agrees to pay the fees for preparation and delivery of the financial update<\/span>, the association<\/span> or the association<\/span>’s management agent shall either (i) upon receipt of the request for the financial update<\/span>, send instructions by electronic means to the seller<\/span> for electronic payment or (ii) accept payment of such fees at the time of closing. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Common Interest Community<\/span> Board<\/span> shall establish the maximum fees that the association<\/span> may charge for such post-closing and preparation, delivery, and inspection; such maximum fees shall be commercially reasonable and consistent with the effort required to comply with the resale certificate requirements. The maximum allowable fees, as published by the Common Interest Community<\/span> Board<\/span> and effective as of January 12, 2023, shall be adjusted no less than every five years, as of January 1 of that year, in an amount not less than the annual increases for that five-year period in the United States Average Consumer Price Index for all items, all urban consumers (CPI-U), as published by the Bureau of Labor Statistics of the U.S. Department of Labor or an equivalent successor index. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The association<\/span> shall publish and make available a schedule of the applicable fees (i) for preparation and delivery of the resale certificate, updated resale certificate<\/span>, and financial update<\/span>; (ii) for the inspection of a unit<\/span>; and (iii) related to any post-closing costs. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> A post-closing fee to be collected at settlement may be imposed on the purchaser<\/span> of the property for the purpose of establishing the purchaser<\/span> as the owner of the property in the records of the association<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> No association<\/span> may collect fees authorized by this section unless the association<\/span> (i) is registered with the Common Interest Community<\/span> Board<\/span>; (ii) is current in filing the most recent annual report and fee with the Common Interest Community<\/span> Board<\/span> pursuant to § 55.1-1835<\/a>, 55.1-1980<\/a>, or 55.1-2182<\/a>; (iii) is current in paying any assessment made by the Common Interest Community<\/span> Board<\/span> pursuant to § 54.1-2354.5<\/a>; and (iv) provides the option to receive the resale certificate electronically. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRESALE CERTIFICATE; FEES (\u00a7 55.1-2316)\n\nA. An association may charge a post-closing fee and fees for preparation,\ndelivery, and expedited delivery of a resale certificate, an updated resale\ncertificate, or financial update and for the inspection of a unit performed to\nprepare the resale certificate or updated resale certificate. The seller shall\nbe responsible for all fees associated with the preparation and delivery of the\nresale certificate, including any fees for inspection of the unit. The\nrequesting party shall pay any fees for the preparation and delivery of the\nupdated resale certificate. The seller shall be responsible for all fees\nassociated with the preparation and delivery of the financial update. However, a\nsettlement agent or other requesting party may pay such fees up front,\nregardless of whether such settlement agent or other requesting party requests\nto be reimbursed for such fees from the seller.\n\nB. Unless provided otherwise by the association or this section, fees charged by\nan association for the preparation and delivery of a resale certificate, an\nupdated resale certificate, or a financial update shall be paid when the resale\ncertificate, updated resale certificate, or financial update is requested.\nHowever, if the seller agrees to pay the fees for preparation and delivery of\nthe financial update, the association or the association’s management\nagent shall either (i) upon receipt of the request for the financial update,\nsend instructions by electronic means to the seller for electronic payment or\n(ii) accept payment of such fees at the time of closing.\n\nC. The Common Interest Community Board shall establish the maximum fees that the\nassociation may charge for such post-closing and preparation, delivery, and\ninspection; such maximum fees shall be commercially reasonable and consistent\nwith the effort required to comply with the resale certificate requirements. The\nmaximum allowable fees, as published by the Common Interest Community Board and\neffective as of January 12, 2023, shall be adjusted no less than every five\nyears, as of January 1 of that year, in an amount not less than the annual\nincreases for that five-year period in the United States Average Consumer Price\nIndex for all items, all urban consumers (CPI-U), as published by the Bureau of\nLabor Statistics of the U.S. Department of Labor or an equivalent successor\nindex.\n\nD. The association shall publish and make available a schedule of the applicable\nfees (i) for preparation and delivery of the resale certificate, updated resale\ncertificate, and financial update; (ii) for the inspection of a unit; and (iii)\nrelated to any post-closing costs.\n\nE. A post-closing fee to be collected at settlement may be imposed on the\npurchaser of the property for the purpose of establishing the purchaser as the\nowner of the property in the records of the association.\n\nF. No association may collect fees authorized by this section unless the\nassociation (i) is registered with the Common Interest Community Board; (ii) is\ncurrent in filing the most recent annual report and fee with the Common Interest\nCommunity Board pursuant to § 55.1-1835, 55.1-1980, or 55.1-2182; (iii) is\ncurrent in paying any assessment made by the Common Interest Community Board\npursuant to § 54.1-2354.5; and (iv) provides the option to receive the\nresale certificate electronically.\n\nHISTORY: 2023, cc. 387, 388; 2024, cc. 54, 170, 511.","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}}