HOA Relief

States

Virginia special assessments: what your board must do.

Boards can add assessments with no owner vote; reserve study at least every 5 years.

Why Virginia owners are getting these bills

Unless your condominium documents say otherwise, the board must study reserves for repairing and replacing capital components at least every five years, review the results every year, and adjust the budget as it thinks necessary. The board may meet repair needs from reserves, additional assessments or borrowed money.

Va. Code 55.1-1965

Condos

Does the board need an owner vote?

Virginia law sets no owner vote for an additional assessment. If the board decides the assessments are not enough to cover common expenses, it may levy an additional assessment on its own, in proportion to each unit's share of the common elements.

Va. Code 55.1-1964(E)

What notice must owners get?

The board must give you written notice of the amount of an additional assessment, the reasons for it and the due date. If it is to be paid in one lump sum, it cannot be due earlier than 90 days after the notice is delivered or mailed. Owners' meetings need at least 21 days' notice (annual or regularly scheduled) or 7 days (other), and board meetings must be open to owners.

Va. Code 55.1-1964(E); 55.1-1949

Your right to see the records

If you are a unit owner in good standing, you can examine and copy the association's books and records for a proper purpose related to your membership, not for pecuniary gain or commercial solicitation. You exercise this right on written notice identifying your purpose and the records you want (5 business days' notice if a manager runs the association, 10 if it is self-managed), and the statute sets no deadline for the association to respond. It may withhold items such as personnel matters, pending litigation and attorney communications, and may charge the reasonable cost of copies.

Va. Code 55.1-1945(B)-(E)

Payment plans, late fees and liens

Unless your condominium documents or the association's rules say otherwise, a late fee may be charged only on assessments unpaid 60 days after the due date, and it cannot exceed the penalty in Va. Code 58.1-3915. To perfect a lien the association must file a memorandum within 90 days after the first unpaid assessment fell due. It can hold a foreclosure sale (in court or not) only if the liens total more than $5,000, not counting fees and costs, and for a sale without a court it must first give you notice with a date at least 60 days away to pay.

Va. Code 55.1-1964(H); 55.1-1966

HOAs (houses and townhouses)

Owner vote

Virginia law sets no owner vote for an additional assessment. The board may levy one if it finds it is in the association's best interests and the money is used mainly for maintenance and upkeep of the common area, including repair and replacement of capital components. If you do not pay it, the association can claim a lien and deny you use of the common areas (but not access to your lot).

Va. Code 55.1-1825(A)-(C)

Notice

The statute sets no specific notice for an additional assessment. Board meetings must be open to owners, with notice of time, date and place published where it is reasonably calculated to reach a majority of owners. Owners' meetings need at least 14 days' notice (annual or regularly scheduled) or 7 days (other).

Va. Code 55.1-1816(A)-(B); 55.1-1815(G)

Records

If you are a member in good standing, you can examine and copy the association's books and records for a proper purpose related to your membership. You exercise this right on written notice identifying your purpose and the records you want (5 business days' notice if a manager runs the association, 10 if it is self-managed), and the statute sets no deadline for the association to respond. It may withhold items such as personnel matters, pending litigation and attorney communications, and may charge a copy fee no higher than its actual cost of materials and labor.

Va. Code 55.1-1815(B)-(E)

Payment, late fees and liens

Unless your declaration or the association's rules say otherwise, a late fee may be charged only on assessments unpaid 60 days after the due date, and it cannot exceed the penalty in Va. Code 58.1-3915. Before filing a memorandum of lien the association must send you written notice by certified mail at least 10 days ahead, and it must file within 12 months after the first unpaid assessment fell due. It can hold a foreclosure sale (in court or not) only if the liens total more than $5,000, not counting fees and costs, and for a sale without a court it must first give you notice with a date at least 60 days away to pay.

Va. Code 55.1-1824; 55.1-1833

Summarised from the statutes in November 2026. Not legal advice; your declaration and bylaws may add more rules.