                                 CODE OF VIRGINIA

LIABILITY FOR COMMON EXPENSES; LATE FEES; ADDITIONAL ASSESSMENT; AUTHORITY TO
BORROW (§ 55.1-1964)

A. Except to the extent that the condominium instruments provide otherwise, any
common expenses associated with the maintenance, repair, renovation,
restoration, or replacement of any limited common element shall be specially
assessed against the condominium unit to which that limited common element was
assigned at the time such expenses were made or incurred. If the limited common
element involved was assigned at that time to more than one condominium unit,
however, such expenses shall be specially assessed against each such condominium
unit equally so that the total of such special assessments equals the total of
such expenses, except to the extent that the condominium instruments provide
otherwise.

B. To the extent that the condominium instruments expressly so provide, any
other common expenses benefiting less than all of the condominium units, or
caused by the conduct of less than all those entitled to occupy the same or by
their licensees or invitees, shall be specially assessed against any condominium
unit involved, in accordance with such reasonable provisions as the condominium
instruments may make for such cases. The executive board may impose reasonable
user fees.

C. To the extent that the condominium instruments expressly so provide, (i) any
common expenses paid or incurred in making available the same off-site amenities
or paid subscription television service to some or all of the unit owners shall
be assessed equally against the condominium units involved and (ii) any common
expenses paid or incurred in providing metered utility services to some or all
of the units shall be assessed against each condominium unit involved based on
its actual consumption of such services.

D. The amount of all common expenses not specially assessed pursuant to
subsection A, B, or C shall be assessed against the condominium units in
proportion to the number of votes in the unit owners&#8217; association
appertaining to each such unit, or, if such votes were allocated as provided in
subsection B of &#xA7; 55.1-1953, those common expense assessments shall be
either in proportion to those votes or in proportion to the units&#8217;
respective undivided interests in the common elements, whichever basis the
condominium instruments specify. Such assessments shall be made by the unit
owners&#8217; association annually, or more often if the condominium instruments
so provide. No change in the number of votes in the unit owners&#8217;
association appertaining to any condominium unit shall enlarge, diminish, or
otherwise affect any liabilities arising from assessments made prior to such
change.

E. In addition to all other assessments authorized in the condominium
instruments, if the executive board determines that the assessments levied by
the unit owners&#8217; association are insufficient to cover the common expenses
of the unit owners&#8217; association, the executive board may levy an
additional assessment against all of the units in proportion to their respective
undivided interests in the common elements. The executive board shall give
written notice to the unit owners stating the amount of, the reasons for, and
the due date for payment of any additional assessment. If the additional
assessment is to be paid in a lump sum, payment shall be due and payable no
earlier than 90 days after delivery or mailing of the notice.

F. Neither a unit owned by the declarant nor any other unit may be exempted from
assessments made pursuant to this section by reason of the identity of the unit
owner.

G. All condominium instruments for condominiums created prior to January 1,
1981, are hereby validated notwithstanding noncompliance with the first sentence
of subsection D if they provide instead that the amount of all common expenses
not specially assessed pursuant to subsection A, B, or C shall be assessed
against the condominium units in proportion to their respective undivided
interests in the common elements.

H. Except to the extent that the condominium instruments or the
association&#8217;s rules or regulations provide otherwise, an executive board
may impose a late fee, not to exceed the penalty provided for in &#xA7;
58.1-3915, for any assessment or installment that is not paid within 60 days of
the due date for payment of such assessment or installment.

I. Unless the condominium instruments provide greater or lesser authority, the
executive board may borrow money on behalf of the unit owners&#8217; association
for maintenance, replacement, repair, and restoration of capital components and
for funding recommended reserves and shall have the right and power to assign
and pledge all revenues to be received by the unit owners&#8217; association,
including annual assessments to secure the repayment of any sums borrowed by the
unit owners&#8217; association for such purposes. Any unit owner who pays any
creditor of the association a percentage of the total amount due to such
creditor equal to such unit owner&#8217;s common element interest in the
condominium shall be entitled to obtain from such creditor a release of any
judgment or lien that such creditor otherwise has the right to file against such
unit owner&#8217;s condominium unit or the unit owners&#8217; association. Such
creditor shall not be entitled to assess the unit for payment of the remaining
amount due such creditor.

HISTORY: 1974, c. 416, § 55-79.83; 1977, c. 428; 1981, c. 180; 1984, cc. 27,
84, 601; 1992, c. 72; 1993, c. 667; 2003, c. 421; 2013, c. 256; 2014, c. 239;
2019, c. 712; 2024, c. 324.