                                 CODE OF VIRGINIA

RELEASE OF LIENS (§ 55.1-1908)

A. At the time of the conveyance to the first purchaser of a condominium unit
following the recordation of the declaration, every mortgage, deed of trust, any
other perfected lien, or any mechanics&#8217; or materialmen&#8217;s liens
affecting all of the condominium or a greater portion of the condominium than
the condominium unit conveyed shall be paid and satisfied of record, or the
declarant shall forthwith have such condominium unit released of record from all
such liens not so paid and satisfied. The provisions of this subsection shall
not apply, however, to any withdrawable land in a contractable condominium, nor
shall any provision of this subsection be construed to prohibit the unit
owners&#8217; association from mortgaging or causing a deed of trust to be
placed on any portion of the condominium within which no units are located, so
long as the period of declarant control specified in &#xA7; 55.1-1943 has
expired and so long as the bylaws authorize such action. This subsection does
not apply to any lien on more than one condominium unit in a condominium in
which all units are restricted to nonresidential use and in which all unit
owners whose condominium units will be subject to such lien expressly agree to
assume or take subject to such lien.

B. If any lien, other than a deed of trust or mortgage, becomes effective
against two or more condominium units subsequent to the creation of the
condominium, any unit owner may remove his condominium unit from that lien by
payment of the amount attributable to his condominium unit. Such amount shall be
computed by reference to the liability for common expenses appertaining to that
condominium unit pursuant to subsection D of &#xA7; 55.1-1964. Subsequent to
such payment, discharge, or other satisfaction, the unit owner of that
condominium unit shall be entitled to have that lien released as to his
condominium unit in accordance with the provisions of &#xA7; 55.1-341, and the
unit owners&#8217; association shall not assess, or have a valid lien against,
that condominium unit for any portion of the common expenses incurred in
connection with that lien, notwithstanding anything to the contrary in
&#xA7;&#xA7; 55.1-1964 and 55.1-1966.

HISTORY: 1974, c. 416, § 55-79.46; 1985, c. 107; 1992, c. 72; 1993, c. 667;
2019, c. 712.