All co-owners are bound to contribute pro rata toward the expenses of administration and of maintenance and repairs of the general common elements, and, in the appropriate case, of the limited common elements of the building, and toward any other expenses lawfully agreed upon by the council of co-owners.
If a co-owner fails to contribute his share as provided in this section, the manager or board of directors of the council of co-owners, or in a proper case, an aggrieved co-owner, may maintain an action at law on behalf of the council of co-owners to recover sums due for damages or in equity for injunctive relief.
No co-owner shall be exempt from contributing toward such expenses by waiver or nonuse of the use or enjoyment of the common elements, both general and limited, or by abandonment of the apartment belonging to him.
Such contributions may be determined and a lien, as the master deed may provide upon default in the payment of any such contribution, may be perfected by filing in the clerk's office in which the master deed is recorded a memorandum showing the name of the delinquent co-owner, the name of the council of co-owners as claimant of the lien, the amount of the claim, and a description of the property on which a lien is claimed verified by oath of the agent of the council of co-owners. The clerk shall record and index such lien as provided in § 43-4.1 and shall charge such fees as are provided by law. Such lien shall be released as provided in §§ 55.1-339 through 55.1-345 upon payment by the co-owner of his contributions.
1962, c. 627, § 13, § 55-79.13; 1966, c. 683; 1973, c. 375; 2019, c. 712.
Structure Code of Virginia
Title 55.1 - Property and Conveyances
Chapter 20 - Horizontal Property Act
§ 55.1-2001. Property taxes assessed on individual apartments
§ 55.1-2002. Chapter additional and supplemental
§ 55.1-2003. Establishment of horizontal property regime
§ 55.1-2006. Joint or common ownership
§ 55.1-2007. Exclusive and common rights of owners
§ 55.1-2008. Master deed or lease; recordation; particulars
§ 55.1-2009. Deeds of individual apartments
§ 55.1-2010. Regrouping or merger of estates with principal property
§ 55.1-2011. Merger not to bar subsequent condominium
§ 55.1-2012. Bylaws governing administration of buildings
§ 55.1-2013. Books and records; inspection; audit
§ 55.1-2014. Contributions by co-owners
§ 55.1-2015. Payment of assessments upon conveyance of apartment; priority
§ 55.1-2016. Liens or encumbrances
§ 55.1-2017. Rule against perpetuities; rule restricting unreasonable restraints on alienation
§ 55.1-2018. Liability of owner
§ 55.1-2019. Compliance by co-owner with bylaws and administrative rules and regulations