Virginia Code 55.1-1805: Association charges.
Except as expressly authorized in this chapter, in the declaration, or otherwise provided by law, no association shall impose a charge against one or more but less than all lot owners unless the charge is (i) a fee for services provided, (ii) related to use of the common area, or (iii) a fee expressly authorized 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.
Terms Used In Virginia Code 55.1-1805
- Association: means the property owners' association. See Virginia Code 55.1-1800
- Common area: means property within a development which is owned, leased, or required by the declaration to be maintained or operated by a property owners' association for the use of its members and designated as a common area in the declaration. See Virginia Code 55.1-1800
- Common interest community: means the same as that term is defined in § Virginia Code 55.1-1800
- Declaration: includes any amendment or supplement to the instruments described in this definition. See Virginia Code 55.1-1800
- Lot: means (i) any plot or parcel of land designated for separate ownership or occupancy shown on a recorded subdivision plat for a development or the boundaries of which are described in the declaration or in a recorded instrument referred to or expressly contemplated by the declaration, other than a common area, and (ii) a unit in a condominium association or a unit in a real estate cooperative if the condominium or cooperative is a part of a development. See Virginia Code 55.1-1800
2008, cc. 851, § 55-509.3, 871; 2011, c. 334; 2014, c. 216; 2015, c. 277; 2019, c. 712; 2020, c. 592; 2023, cc. 387, 388; 2024, c. 685.