                                 CODE OF VIRGINIA

TORT AND CONTRACT LIABILITY; JUDGMENT LIEN (§ 55.1-1958)

A. An action for tort alleging a wrong done (i) by any agent or employee of the
declarant or of the unit owners&#8217; association or (ii) in connection with
the condition of any portion of the condominium that the declarant or the
association has the responsibility to maintain shall be brought against the
declarant or the association, as appropriate. No unit owner shall be precluded
from bringing such an action by virtue of his ownership of an undivided interest
in the common elements or by reason of his membership in the association or his
status as an officer.

B. Unit owners other than the declarant shall not be liable for torts caused by
agents or employees of the declarant within any convertible land or using any
easement reserved in the declaration or created by &#xA7; 55.1-1928 or
55.1-1929.

C. An action arising from a contract made by or on behalf of the unit
owners&#8217; association or its executive board or the unit owners as a group
shall be brought against the association, or against the declarant if the cause
of action arose during the exercise by the declarant of control reserved
pursuant to subsection A of &#xA7; 55.1-1943. No unit owner shall be precluded
from bringing such an action by reason of his membership in the association or
his status as an officer.

D. A judgment for money against the unit owners&#8217; association shall be a
lien against any property owned by the association, and against each of the
condominium units in proportion to the liability of each unit owner for common
expenses as established pursuant to subsection D of &#xA7; 55.1-1964, but not
against any other property of any unit owner. A unit owner who pays a percentage
of the total amount due under such judgment equal to such unit owner&#8217;s
liability for common expenses fixed pursuant to subsection D of &#xA7; 55.1-1964
shall be entitled to a release of any such judgment lien, and the association
shall not be entitled to assess the unit for payment of the remaining amount
due. Such judgment shall be otherwise subject to the provisions of &#xA7;
8.01-458.

HISTORY: 1975, c. 415, § 55-79.80:1; 1991, c. 497; 1992, c. 72; 1996, c. 977;
2019, c. 712.