SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
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 member repeats a violation
of the same provision of the declaration or rules and regulations within a 12-month
period ] after notice and an opportunity to be heard have been provided,
the association may take action [ after notice but ] 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 unit owner repeats
a violation of the same provision of the condominium instruments or rules and regulations
within a 12-month period ] after notice and an opportunity to be heard
have been provided, the unit owners' association may take action [ after
notice but ] 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.