Virginia Beach HOAs may levy regular and special assessments under Virginia Code §55.1-1805. Unpaid assessments become a statutory lien on the lot. Associations must provide a disclosure packet within 14 days of a resale request under §55.1-1809, disclosing all fees, violations, and financial status to prospective buyers.
Under the Virginia Property Owners' Association Act, the association's declaration authorizes regular assessments for common expenses and special assessments for non-budgeted capital items. Section 55.1-1805 allows the board to levy assessments consistent with the declaration, and assessments automatically create a lien against the lot from the due date. Late fees, interest up to 12% per year (unless declaration specifies otherwise), and reasonable attorney's fees may be added. Foreclosure of an HOA lien is permitted under §55.1-1833 but requires judicial or non-judicial process with specific notice. When an owner sells, a resale disclosure packet must be furnished within 14 days of request under §55.1-1809 and §55.1-1810, with statutory fee caps (currently around $474 plus inspection fee). The packet must disclose assessments, violations, capital reserves, insurance, and pending litigation. Buyers have a 3-day right to cancel after receipt under §55.1-1812. Failure to deliver a timely packet can waive the association's right to collect past-due amounts from the buyer. Condo associations follow parallel rules under Virginia Condominium Act §55.1-1990. Virginia Beach Circuit Court hears HOA lien foreclosure actions.
Specific penalty amounts for this ordinance are not published in a publicly accessible fine schedule. Contact Virginia Beach code enforcement directly for current fines, enforcement procedures, and hearing options.
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