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Montgomery County, VA HOA Rules: Assessment & Dues (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

District
PUD-TND only
Assessment authority
Dues, levies, assessments mandatory in POA docs
Collection tool
POA may place a lien on a member's lot
Covers
Tax liabilities, maintenance, insurance, municipal/state assessments
County fallback
County may maintain elements and assess owners

Summary

In Montgomery County outside Blacksburg and Christiansburg, PUD-TND Property Owners Association documents must provide for collecting dues, levies and assessments and give the association lien authority against a member's property for unpaid amounts.

These county ordinances apply to unincorporated areas of Montgomery County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

The Master Developer shall prepare documents which provide at a minimum that the POA shall accept title to any open space or Civic Lots which may be deeded to them, and shall provide for the maintenance of any common area improvements, private streets or sidewalks, rights-of-way, Civic Buildings, utilities, open space or Civic Lots or other property owned by the owners association. The documents shall establish voting and use rights and shall provide for the collection of dues, levies or assessments to cover expenses including, but not limited to, tax liabilities, maintenance, insurance, and municipal or state assessments. The property owner's association shall have the authority to acquire a lien upon the property of any of its members in order to secure collection of any amounts due. The County shall be authorized to maintain the common elements and assess the private ownership accordingly if private ownership fails to function as required in any private agreements.

Full Breakdown

Montgomery County Code Section 10-32 dictates what the Master Developer's POA governing documents must contain for any PUD-TND (Planned Unit Development-Traditional Neighborhood Development) project. At a minimum, the documents must have the POA accept title to open space and Civic Lots deeded to it, and must obligate the POA to maintain common area improvements, private streets or sidewalks, rights-of-way, Civic Buildings, and utilities, along with any open space or Civic Lots the association owns. The same documents must establish voting and use rights for members and must provide for collecting dues, levies, or assessments to cover expenses that include, without limitation, tax liabilities, maintenance, insurance, and municipal or state assessments passed through to the development.

Critically, the ordinance grants the property owners association lien authority: it may acquire a lien on a member's property specifically to secure collection of amounts that member owes. This lien power exists by ordinance mandate, not merely by the association's private bylaws, so a PUD-TND POA's collection documents must build it in before the county will accept the development's ownership and maintenance structure at rezoning.

Violations & Fines

The ordinance does not set a fine schedule for a delinquent owner; instead it authorizes the association itself to place a lien on a member's lot to secure unpaid dues, levies or assessments. Separately, if the private ownership structure as a whole fails to maintain common elements as required, the County may step in to maintain those elements and assess the private ownership for the cost.

Frequently Asked Questions

Can a PUD-TND homeowners association place a lien on a member's property?
Yes. Section 10-32 requires the POA's governing documents to give the association authority to acquire a lien upon a member's property specifically to secure collection of amounts due, such as unpaid dues or assessments.
What expenses can PUD-TND assessments cover?
The county code lists tax liabilities, maintenance, insurance, and municipal or state assessments as expenses dues, levies, or assessments must be able to cover; that list is non-exclusive under the ordinance's own wording.
What happens if a PUD-TND association cannot maintain common elements?
The County is authorized to step in, maintain the common elements itself, and assess the private ownership for the cost if the private agreements fail to function as required.

Sources & Official References

Other rules in Montgomery County

All Montgomery County rules

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