                                 CODE OF VIRGINIA

PERFECTION OF LIEN BY SUBCONTRACTOR; EXTENT OF LIEN; AFFIRMATIVE DEFENSE;
PROVISIONS RELATING TO TIME-SHARE ESTATES (§ 43-7)

A. Any subcontractor, in order to perfect the lien given him by &#xA7; 43-3
shall comply with &#xA7; 43-4, and in addition give notice in writing to the
owner of the property or his agent of the amount and character of his claim. But
the amount for which a subcontractor may perfect a lien under this section shall
not exceed the amount in which the owner is indebted to the general contractor
at the time the notice is given, or shall thereafter become indebted to the
general contractor upon his contract with the general contractor for such
structure or building or railroad. It shall be an affirmative defense or
affirmative partial defense, as the case may be, to a suit to perfect a lien of
a subcontractor that the owner is not indebted to the general contractor or is
indebted to the general contractor for less than the amount of the lien sought
to be perfected.

B. Where the property referred to in subsection A hereof is a time-share unit,
as defined by &#xA7; 55.1-2200, the word &#8220;agent,&#8221; as used in
subsection A, shall be deemed to include the developer, during the developer
control period, or the time-share estate owners&#8217; association, after the
developer control period.
			Within ten days of receipt of the notice, the developer or the time-share
estate owners&#8217; association shall mail by first class mail a copy of the
notice to all time-share estate owners whose interests are affected by the
subcontractor&#8217;s lien on the time-share unit. Failure on the part of the
developer or time-share estate owners&#8217; association to so notify the
appropriate time-share estate owners within the time period set forth above
shall result in the developer&#8217;s or the association&#8217;s being liable
for the full amount of the subcontractor&#8217;s claim, but such failure shall
not affect the validity of any lien perfected under this section. Assessments
levied by the estate owners&#8217; association to pay the liability hereby
imposed shall be made only against the time-share estate owners of record in the
time-share estate project at the time the liability was incurred.

C. Where the property referred to in subsection A hereof is a time-share unit,
as defined by &#xA7; 55.1-2200, the memorandum required to be filed pursuant to
&#xA7; 43-4 need show only the name of the developer during the developer
control period, or the time-share estate owners&#8217; association, after the
developer control period.

HISTORY: Code 1919, § 6428; 1979, c. 412; 1984, c. 521.