Bill Text: VA SB672 | 2024 | Regular Session | Chaptered
Bill Title: Property Owners' Association Act or Virginia Condominium Act; assessments for legal obligations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2024-04-08 - Governor: Acts of Assembly Chapter text (CHAP0685) [SB672 Detail]
Download: Virginia-2024-SB672-Chaptered.html
Be it enacted by the General Assembly of Virginia:
1. That §§55.1-1805 and 55.1-1904 of the Code of Virginia are amended and reenacted as follows:
§55.1-1805. Association charges.
Except as expressly authorized in this chapter, in the
declaration, or otherwise provided by law, no association shall (i) make an
assessment or impose a charge against a lot or a lot owner one or
more but less than all lot owners unless the charge is (i) a fee for
services provided or, (ii) related to use of the common area,
or (ii) charge (iii) a fee related to the issuance of a resale
certificate pursuant to §55.1-2309 or 55.1-2311 except as expressly
authorized in §55.1-2316. Nothing in this chapter shall be construed to
authorize an association or common interest community manager to charge an
inspection fee for an unimproved or improved lot except as provided in §
55.1-2316. Nothing in this chapter shall be construed to prevent an
association from levying or using assessments, charges, or fees to pay the
association's contractual or other legal obligations in the exercise of the
association's duties and responsibilities. The Common Interest Community
Board may assess a monetary penalty for a violation of this section against any
(a) association pursuant to §54.1-2351 or (b) common interest community
manager pursuant to §54.1-2349, and may issue a cease and desist order
pursuant to §54.1-2352.
§55.1-1904. Association charges.
Except as expressly authorized in this chapter, in the
condominium instruments, or as otherwise provided by law, no unit owners'
association may make an assessment or impose a charge against a unit
owner one or more but less than all unit owners unless the charge is
(i) authorized under §55.1-1964, (ii) a fee for services provided, or (iii)
related to the provisions set out in a fee expressly authorized by
§55.1-2316. Nothing in this chapter shall be construed to prevent a unit
owners' association from using assessments, charges, or fees to pay the unit
owners' association's contractual or other legal obligations in the exercise of
the unit owners' association's duties and responsibilities. The Common
Interest Community Board may assess a monetary penalty for a violation of this
section against any (a) unit owners' association pursuant to §54.1-2351 or (b)
common interest community manager pursuant to §54.1-2349 and may issue a cease
and desist order pursuant to §54.1-2352.
