                                 CODE OF VIRGINIA

COMPLIANCE WITH DECLARATION (§ 55.1-1828)

A. Every lot owner, and all those entitled to occupy a lot, shall comply with
all lawful provisions of this chapter and all provisions of the declaration. Any
lack of such compliance shall be grounds for an action to recover sums due, for
damages or injunctive relief, or for any other remedy available at law or in
equity, maintainable by the association or by its board of directors or any
managing agent on behalf of such association or, in any proper case, by one or
more aggrieved lot owners on their own behalf or as a class action. Except as
provided in subsection B, the prevailing party shall be entitled to recover
reasonable attorney fees, costs expended in the matter, and interest on the
judgment as provided in &#xA7; 8.01-382. This section shall not preclude an
action against the association and authorizes the recovery by the prevailing
party in any such action of reasonable attorney fees, costs expended in the
matter, and interest on the judgment as provided in &#xA7; 8.01-382 in such
actions.

B. In actions against a lot owner for nonpayment of assessments in which the lot
owner has failed to pay assessments levied by the association on more than one
lot or in which such lot owner has had legal actions taken against him for
nonpayment of any prior assessment, and the prevailing party is the association
or its board of directors or any managing agent on behalf of the association,
the prevailing party shall be awarded reasonable attorney fees, costs expended
in the matter, and interest on the judgment as provided in subsection A, even if
the proceeding is settled prior to judgment. The delinquent owner shall be
personally responsible for reasonable attorney fees and costs expended in the
matter by the association, whether any judicial proceedings are filed.

C. A declaration may provide for arbitration of disputes or other means of
alternative dispute resolution. Any such arbitration held in accordance with
this subsection shall be consistent with the provisions of this chapter and
Chapter 21 (&#xA7; 8.01-577 et seq.) of Title 8.01. The place of any such
arbitration or alternative dispute resolution shall be in the county or city in
which the development is located, or as mutually agreed to by the parties.

HISTORY: 1989, c. 679, § 55-515; 1993, c. 956; 2012, c. 758; 2014, c. 569;
2019, c. 712.