                                 CODE OF VIRGINIA

SUSPENSION OF SERVICES FOR FAILURE TO PAY ASSESSMENTS; CORRECTIVE ACTION;
ASSESSMENT OF CHARGES FOR VIOLATIONS; NOTICE; HEARING; ADOPTION AND ENFORCEMENT
OF RULES AND REGULATIONS (§ 55.1-1959)

A. Except as otherwise provided in this chapter, the executive board shall have
the power to establish, adopt, and enforce rules and regulations with respect to
use of the common elements and with respect to such other areas of
responsibility assigned to the unit owners&#8217; association by the condominium
instruments, except where expressly reserved by the condominium instruments to
the unit owners. Rules and regulations may be adopted by resolution and shall be
reasonably published or distributed to the unit owners. At a special meeting of
the unit owners&#8217; association convened in accordance with the provisions of
the condominium instruments, a majority of the votes cast at such meeting may
repeal or amend any rule or regulation adopted by the executive board. Rules and
regulations may be enforced by any method authorized by this chapter.

B. The unit owners&#8217; association shall have the power, to the extent the
condominium instruments or the condominium&#8217;s rules and regulations
expressly provide, to (i) suspend a unit owner&#8217;s right to use facilities
or services, including utility services, provided directly through the unit
owners&#8217; association for nonpayment of assessments that are more than 60
days past due, to the extent that access to the unit through the common elements
is not precluded and provided that such suspension does not endanger the health,
safety, or property of any unit owner, tenant, or occupant and (ii) assess
charges against any unit owner for any violation of the condominium instruments
or of the rules or regulations promulgated pursuant thereto for which such unit
owner or his family members, tenants, guests, or other invitees are responsible.

C. Before any action authorized in this section is taken, the unit owner shall
be given a reasonable opportunity to correct the alleged violation after written
notice of the alleged violation to the unit owner at the address required for
notices of meetings pursuant to &#xA7; 55.1-1949. If the violation remains
uncorrected, the unit owner shall be given an opportunity to be heard and to be
represented by counsel before the executive board or such other tribunal as the
condominium instruments or its adopted rules and regulations specify.
			Notice of such hearing, including the actions that may be taken by the unit
owners&#8217; association in accordance with this section, shall, at least 14
days in advance, be hand delivered or mailed by registered or certified United
States mail, return receipt requested, to such unit owner at the address
required for notices of meetings pursuant to &#xA7; 55.1-1949. Within seven days
of the hearing, the hearing result shall be hand delivered or mailed by
registered or certified mail, return receipt requested, to such unit owner at
the address required for notices of meetings pursuant to &#xA7; 55.1-1949.

D. The amount of any charges assessed shall not exceed $50 for a single offense,
or $10 per diem for any offense of a continuing nature, and shall be treated as
an assessment against such unit owner&#8217;s condominium unit for the purpose
of &#xA7; 55.1-1966. However, the total charges for any offense of a continuing
nature shall not be assessed for a period exceeding 90 days.

E. The unit owners&#8217; association may file or defend legal action in general
district or circuit court that seeks relief, including injunctive relief,
arising from any violation of the condominium instruments or the
condominium&#8217;s adopted rules and regulations.

F. After the date an action is filed in the general district or circuit court by
(i) the unit owners&#8217; association, by and through its counsel, to collect
the charges or obtain injunctive relief and correct the violation or (ii) the
unit owner challenging any such charges, no additional charges shall accrue.
			If the court rules in favor of the unit owners&#8217; association, it shall
be entitled to collect such charges from the date the action was filed as well
as all other charges assessed pursuant to this section against the unit owner
prior to the action. In addition, if the court finds that the violation remains
uncorrected, the court may order the unit owner to abate or remedy the
violation.
			In any action filed in general district court pursuant to this section, the
court may enter default judgment against the unit owner on the sworn affidavit
of the unit owners&#8217; association.

G. This section shall not be construed to prohibit the grant by the condominium
instruments of other powers and responsibilities to the unit owners&#8217;
association or its executive board.

HISTORY: 1993, c. 667, § 55-79.80:2; 1997, cc. 173, 417; 2000, cc. 846, 906;
2002, c. 509; 2011, cc. 372, 378; 2014, c. 784; 2019, c. 712; 2021, Sp. Sess. I,
c. 131.