Virginia HOA Assessments, Liens & Foreclosure (Va. Code § 55.1-1833)

Section 55.1-1833 requires the association to file a memorandum of lien in the circuit court clerk's office "before the expiration of 12 months from the time the first such assessment became due and payable." At least 10 days before filing, the owner must receive notice. Once perfected, the lien is "prior to all other subsequent liens and encumbrances except" real-estate tax liens, encumbrances recorded before the declaration, and prior deeds of trust. The association may enforce the lien "by filing a civil action to conduct a judicial foreclosure" or by nonjudicial foreclosure once the total secured sums exceed $5,000. No foreclosure may begin more than 120 months after the memorandum was recorded.

No flat statutory fine: the owner owes the unpaid assessments plus interest, costs, and attorney fees. If the perfected lien secures more than $5,000, the association may foreclose judicially or nonjudicially, leading to loss of the home at sale. The owner can stop the sale by paying the debt before the sale.