Except as expressly authorized in this chapter, in the condominium instruments, or as otherwise provided by law, no unit owners’ association may impose a charge against 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) 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.

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Terms Used In Virginia Code 55.1-1904

  • Common interest community manager: means the same as that term is defined in § Virginia Code 55.1-1900
  • Condominium: means real property, and any incidents to or interests in such real property, lawfully subject to this chapter by the recordation of condominium instruments pursuant to the provisions of this chapter. See Virginia Code 55.1-1900
  • Unit: means a portion of the condominium designed and intended for individual ownership and use. See Virginia Code 55.1-1900

2015, c. 277, § 55-79.42:1; 2019, c. 712; 2020, c. 592; 2023, cc. 387, 388; 2024, c. 685.