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2023 SESSION
23103850DBe it enacted by the General Assembly of Virginia:
1. That §§ 55.1-1819 and 55.1-1959 of the Code of Virginia are amended and reenacted as follows:
§ 55.1-1819. Adoption and enforcement of rules.
A. Except as otherwise provided in this chapter, the board of
directors shall have the power authority to establish, adopt,
and enforce rules and regulations with respect to use of the common areas and
with respect to such other areas of responsibility assigned to the association
by the declaration, except where expressly reserved by the declaration to the
members. Rules and regulations may be adopted by resolution and shall be
reasonably published or distributed throughout the
development to association
members. At a special meeting of the association convened
in accordance with the provisions of the association's bylaws, a majority of
votes cast at such meeting may repeal or amend any rule or regulation adopted
by the board of directors. Rules and regulations may be enforced by any method
normally available to the owner of private property in Virginia, including
application for injunctive relief or actual damages, during which the court
shall award to the prevailing party court costs and reasonable attorney fees.
B. The board of directors shall also have the power, to the extent authority,
unless the declaration
or rules and regulations duly adopted
pursuant to such declaration expressly so provide provides otherwise,
to (i) suspend a member's right to use facilities or services, including
utility services, provided directly through the association
for nonpayment of assessments that are more than 60 days past due,
to the extent that access to the lot through the common areas is not precluded
and provided that such suspension shall not endanger the health, safety, or property
of any owner, tenant, or occupant, and
(ii) assess charges against any member for any violation of the declaration or
rules and regulations for which the member or his family members, tenants,
guests, or other invitees are responsible.
C. Before any action authorized in this
section subsection B
is taken, the member shall be given a reasonable opportunity to correct the
alleged violation after written notice of the alleged violation to the member
at the address required for notices of meetings pursuant to § 55.1-1815. If the
a violation remains uncorrected
or the same violation continues or occurs again,
the member shall be given an opportunity to be heard and to be represented by
counsel before the board of directors or other tribunal specified in the documents
declaration or duly adopted rules and regulations.
Notice of a hearing, including the actions that may be taken by the association in accordance with this section, shall be hand delivered or mailed by registered or certified mail, return receipt requested, to the member at the address of record with the association at least 14 days prior to the hearing. Within seven days of the hearing, the hearing result shall be hand delivered or mailed by registered or certified mail, return receipt requested, to the member at the address of record with the association.
If the violation reoccurs after notice and an opportunity to be heard have been provided, the association may take action without providing the member a further opportunity to be heard.
D. The amount of any charges so assessed shall not be limited to the expense or damage to the association caused by the violation, but shall not exceed $50 for a single offense or $10 per day for any offense of a continuing nature, and shall be treated as an assessment against the member's lot for the purposes of § 55.1-1833. However, the total charges for any offense of a continuing nature shall not be assessed for a period exceeding 90 days.
E. The board of directors may file or defend legal action in general district or circuit court that seeks relief, including injunctive relief arising from any violation of the declaration or duly adopted rules and regulations.
F. After the date an action is filed in the general district or circuit court by (i) the association, by and through its counsel, to collect the charges or obtain injunctive relief and correct the violation or (ii) the lot owner challenging any such charges, no additional charges shall accrue. If the court rules in favor of the association, the association 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 lot owner prior to the action. In addition, if the court finds that the violation remains uncorrected, the court may order the lot owner to abate or remedy the violation.
G. In any action filed in general district court pursuant to this section, the court may enter default judgment against the lot owner on the association's sworn affidavit.
§ 55.1-1959. Suspension of services for failure to pay assessments; corrective action; assessment of charges for violations; notice; hearing; adoption and enforcement of rules and regulations.
A. Except as otherwise provided in this chapter, the executive
board shall have the power authority 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' 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'
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' association shall have the power, to the extent authority,
unless the condominium instruments
or the condominium's rules and regulations expressly
provide otherwise, to (i) suspend a
unit owner's right to use facilities or services, including utility services,
provided directly through the unit owners' 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 subsection B
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 § 55.1-1949.
If the same
violation remains uncorrected or occurs
again, 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 specified in the condominium
instruments or its duly adopted rules and
regulations specify.
Notice of such hearing, including the actions that may be taken by the unit owners' 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 § 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 § 55.1-1949.
If the violation reoccurs after notice and an opportunity to be heard have been provided, the unit owners' association may take action without providing the unit owner a further opportunity to be heard.
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's condominium unit for the purpose of § 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' 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'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' 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' 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' 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' association or its executive board.