Virginia has more HOAs and condo associations per capita than almost any state in the country. With a long-time history of planned communities throughout the Commonwealth, Virginia has an abundance of condominiums stretching from Alexandria to Virginia Beach to Richmond. Consequently, Virginia legislators have had good reason to create detailed statutory frameworks for how associations operate, including how they collect unpaid assessments. If you serve on a board in Virginia, understanding these rules isn't optional.

What Assessments Fund

Monthly or quarterly assessments keep Virginia communities operating:

  • Common areas—pools, clubhouses, landscaping, parking facilities, lobbies
  • Infrastructure—private roads, sidewalks, storm water systems, street lighting
  • Shared utilities—common area electric, water for irrigation, heating/cooling shared spaces
  • Insurance coverage—the association's master policy plus D&O coverage for board members
  • Reserve accounts—funds designated for roof replacement, repaving, major equipment, and other capital expenses
  • Professional management—most Virginia associations use management companies

Special assessments address major expenses that exceed what's in reserves. Virginia's climate—humid summers, the occasional hurricane along the coast, ice storms in winter—means associations need healthy reserves to handle weather-related repairs. When owners don't pay, that financial cushion erodes.

Virginia provides robust collection frameworks for both condos and HOAs:

The Condominium Act

Va. Code §§ 55.1-1900 through 55.1-1966 governs condominiums. Section 55.1-1966 covers assessment liens—how they arise, what they can include, their priority, and foreclosure procedures.

The Property Owners' Association Act

Va. Code §§ 55.1-1800 through 55.1-1836 governs HOAs. Section 55.1-1833 creates a parallel framework. Virginia is one of the few states that gives HOAs statutory lien rights as strong as those for condos.

Both statutes create automatic liens when assessments come due. That is, the lien is created immediately—no court filing needed. But to establish priority against later purchasers and lienholders, it's wise for an association to record a memorandum of lien.

Lien Components

Virginia allows associations to include:

  • Past-due assessments—regular and special
  • Late charges—per your governing documents
  • Interest—at the rate your declaration or bylaws specify
  • Attorney's fees—reasonable amounts actually incurred
  • Collection costs—recording fees, administrative expenses

Passing these costs to the delinquent owner protects the association's reserves for their intended purpose.

The Six-Month Super-Lien

Both Virginia statutes give associations priority that matters: under Va. Code § 55.1-1966 (condos) and § 55.1-1833 (HOAs), up to six months of periodic assessments can jump ahead of a first deed of trust—even one recorded years earlier.

What Qualifies

Only the assessments themselves get super-lien priority. Late fees, interest, attorney's fees, and fines don't. But six months of assessments can add up fast, especially in communities with higher fees.

This super-lien creates real leverage. Mortgage lenders watch their collateral carefully. When an association's lien can subordinate their mortgage, lenders often pay delinquent assessments rather than let the situation deteriorate.

Beyond the super-lien portion, association liens rank behind:

  • Real property tax liens
  • First deeds of trust recorded before the assessments came due
  • Earlier mechanic's liens

Foreclosure in Virginia

When collection letters and payment demands haven't worked, foreclosure becomes an option.

Judicial Foreclosure

Filing in circuit court means a judge oversees the process. You can pursue a personal judgment against the owner if sale proceeds fall short. This approach takes longer but provides procedural protection which is a wise choice.

Nonjudicial Foreclosure

If your governing documents include a power of sale provision, Va. Code § 55.1-1833(F) for HOAs and § 55.1-1966(F) for condos permit foreclosure without court involvement. It's faster and costs less, but the procedures have to be followed precisely.

Critical requirement: Virginia mandates at least 60 days' written notice to the owner before initiating foreclosure. This gives them time to pay up or arrange a payment plan. Skip this step and you'll have problems.

Owner Rights in the Collection Process

Virginia balances association collection power with owner protections. Boards that understand these avoid procedural missteps.

Notice Before Action

Written notice must precede lien perfection or foreclosure. The 60-day notice requirement for foreclosure gives owners meaningful opportunity to cure.

Right to Pay and Stop Foreclosure

Owners can halt foreclosure at any point before the sale by paying everything owed—assessments, late fees, interest, and collection costs.

Settlement Conferences

For owner-occupied homes, Virginia requires certain pre-foreclosure steps, including chances for the owner to discuss alternatives.

Military Service Member Protections

Virginia hosts more military personnel than almost any state: Norfolk Naval Station, Fort Belvoir, the Pentagon, Quantico, and numerous other installations. The federal Servicemembers Civil Relief Act requires:

  • Interest capped at 6% on pre-service debts
  • Stays of proceedings when requested during active duty
  • Extra steps before default judgments
  • Additional protections before foreclosure on service members

Time Limits

Virginia provides five years to enforce assessment obligations arising from the recorded declaration. Acting within this window preserves your full range of remedies. Bankruptcy filings typically pause the clock.

Our Approach to Collections

The Rickel Law Firm was established 1899. We've seen how Virginia's statutory framework has evolved and we know what works.

What Virginia associations get from working with us:

  • No association expense in most cases. Fees and costs get applied to the delinquent owner's balance. In most cases, the association pays nothing.
  • Transparency through ONYX. Board members and managers access our ONYX portal anytime to check case status, payment history, and progress.
  • We keep it professional. Delinquent owners are still your neighbors. We pursue collections in step with state laws while treating delinquent owners with respect— this produces better results and keeps community relationships intact.
  • Virginia-specific knowledge. From the Property Owners' Association Act to the Condominium Act, we understand the requirements that apply throughout the Commonwealth.

Ready to Address Delinquencies?

Unpaid assessments affect more than the budget. Delinquencies force responsible owners to subsidize non-payers. Maintenance gets delayed. Reserve funding suffers. Board members spend time on collection headaches instead of community improvements.

If your Virginia association has delinquent accounts that need professional attention, reach out for a free consultation. Don't use funding from people who pay on time to collect from people who don't!  Contact Rickel Law. We will explain how we work and answer your questions.

Contact The Rickel Law Firm at 855.752.7156 or through our website.