Virginia Statewide Rule
Virginia HOA Assessments, Liens & Foreclosure (Va. Code § 55.1-1833)
Key Facts
- Governing law
- Va. Code § 55.1-1833 (Property Owners' Association Act)
- Lien filing window
- Within 12 months of first assessment due
- Foreclosure type
- Judicial or nonjudicial
- Foreclosure threshold
- Secured sums must exceed $5,000
- Foreclosure deadline
- Within 120 months of recording the memorandum
Summary
Under the Virginia Property Owners' Association Act, § 55.1-1833, an association may perfect a lien for unpaid assessments by recording a memorandum of lien, but only if it does so within 12 months from the date the first assessment became due. Once perfected, the lien may be enforced by judicial or nonjudicial foreclosure.
§ 55.1-1833 . Lien for assessments; foreclosure. A. The association shall have a lien, once perfected, on every lot for unpaid assessments levied against that lot in accordance with the provisions of this chapter and all lawful provisions of the declaration. The lien, once perfected, shall be prior to all other subsequent liens and encumbrances except (i) real estate tax liens on that lot, (ii) liens and encumbrances recorded prior to the recordation of the declaration, and (iii) sums unpaid on and owing under any mortgage or deed of trust recorded prior to the perfection of such lien. The provisions of this subsection shall not affect the priority of mechanics' and materialmen's liens. Notice of a memorandum of lien to a holder of a credit line deed of trust under § 55.1-318 shall be given in the same fashion as if the association's lien were a judgment. B. The association, in order to perfect the lien given by this section, shall file, before the expiration of 12 months from the time the first such assessment became due and payable in the clerk's office of the circuit court in the county or city in which such development is situated, a memorandum, verified by the oath of the principal officer of the association or such other officer or officers as the declaration may specify, which contains the following: 1. The name of the development; 2. A description of the lot; 3. The name or names of the persons constituting the owners of that lot; 4.
Full Breakdown
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.
Violations & Penalties
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.
Frequently Asked Questions
Can a Virginia HOA foreclose on my home for unpaid dues?
How long does a Virginia HOA have to file an assessment lien?
Is there a minimum debt before a Virginia HOA can foreclose?
Sources
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