Virginia Code > Title 55 > Chapter 4.2 > § 55-79.80:2 - Assessment of charges for violations; suspension of services for failure to pay assessments; hearin...
Current as of: 2011
§ 55-79.80:2. Assessment of charges for violations; suspension of services for failure to pay assessments; hearing.
A. The unit owners' association shall have the power, to the extent the condominium instruments or rules duly adopted pursuant thereto expressly so provide, to (i) suspend a unit owner's right to use facilities or services, including utility services, provided directly through the unit owners' association for nonpayment of assessments which are more than 60 days past due, to the extent that access to the unit through the common elements is not precluded and provided that such suspension shall not endanger the health, safety, or property of any unit owner, tenant, or occupant and (ii) assess charges against any unit owner for any violation of the condominium instruments or of the rules or regulations promulgated pursuant thereto for which such unit owner or his family members, tenants, guests or other invitees are responsible.
B. Before any such suspension or charges may be imposed, the unit owner shall be given an opportunity to be heard and to be represented by counsel before the executive organ or such other tribunal as the condominium instruments or rules duly adopted pursuant thereto specify.
Notice of such hearing, including the charges or other sanctions that may be imposed, shall, at least 14 days in advance thereof, be hand delivered or mailed by registered or certified United States mail, return receipt requested, to such unit owner at the address or addresses required for notices of meetings pursuant to § 55-79.75. Within seven days of the hearing, the hearing result shall be hand delivered or mailed by registered or certified mail, return receipt requested, to such unit owner at the address required for notices of meetings pursuant to § 55-79.75.
The amount of any charges so assessed shall not exceed $50 for a single offense, or $10 per diem for any offense of a continuing nature, and shall be treated as an assessment against such unit owner's condominium unit for the purpose of § 55-79.84. However, the total charges for any offense of a continuing nature shall not be assessed for a period exceeding 90 days.
After the date a lawsuit is filed in the general district or circuit court by (i) the unit owners' association, by and through its counsel to collect the charges, obtain injunctive relief and correct the violation or (ii) the unit owner challenging any such charges, no additional charges shall accrue. If the court rules in favor of the unit owners' association, it shall be entitled to collect such charges from the date the action was filed as well as all other charges assessed pursuant to this section against the unit owner prior to the action. In addition, if the court finds that the violation remains uncorrected, the court may order the unit owner to abate or remedy the violation.
In any suit filed in general district court pursuant to this section, the court may enter default judgment against the unit owner on the unit owners' association's sworn affidavit.
C. This section shall not be construed to prohibit the grant, by the condominium instruments, of other powers and responsibilities to the unit owners' association or its executive organ.
(1993, c. 667; 1997, cc. 173, 417; 2000, cc. 846, 906; 2002, c. 509; 2011, cc. 372, 378.)
Questions & Answers: Condominiums
| what statutory obligantions does condo association have to owners? i.e.,notifications, annual reports, insurance, etc....|
| what statutory obligations does condo association have to owners..i.e., insurance, annual reports, etc.......|
| I LIVE IN A NYS CONDO. WE HAVE 7 MEMBERS ON THE BOARD. IF ONE RESIGNES AND THE USUAL PROCEDURE IS FOR THE BOARD TO VOTE IN ANOTHER MEMBER, HOW CAN THAT BE ACCOMPLISHED WITH AN EV...|
| I was informed at our annual condominium meeting last night that there is a new law regarding quorum when voting for trustees. In our by-laws 72% of the quorum must be met. We were...|
| Are bylaws required to be updated periodically, or are they set in stone indefinitely?...|
Bylaws should be reviewed regularly by the Board, but there is no legal requirement to do so, or to make updates.
U.S. Code Provisions: Condominiums