Va. Code » Title 55.1. Property and Conveyances » Subtitle IV. Common Interest Communities » Chapter 18. Property Owners' Association Act » Article 3. Operation and Management of Association
Virginia Code

Va. Code Ann. § 55.1-1825 (2026)

Authority to levy additional assessments; authority to borrow

✓ current as of May 2026
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A. In addition to all other assessments that are authorized in the declaration, the board of directors shall have the power to levy an additional assessment against its members if (i) the purpose in so doing is found by the board to be in the best interests of the association and (ii) the proceeds of the assessment are used primarily for the maintenance and upkeep of the common area and such other areas of association responsibility, including maintenance, repair, and replacement of capital components.

B. The failure of a member to pay the additional assessment allowed by subsection A shall entitle the association to the lien provided by § 55.1-1833 as well as any other rights afforded a creditor under law.

C. The failure of a member to pay the additional assessment allowed by subsection A will provide the association with the right to deny the member access to any or all of the common areas. However, the member shall not be denied direct access to the member's lot over a common area.

D. Unless the declaration provides greater or lesser authority, the board of directors may borrow money on behalf of the association for maintenance, replacement, repair, and restoration of capital components and for funding recommended reserves and shall have the right and power to assign and pledge all revenues to be received by the association, including annual and additional assessments to secure the repayment of any sums borrowed by the association from time to time for such purposes.

1989, c. 679, § 55-514; 1991, c. 667; 1992, c. 450; 1998, cc. 32, 751; 2008, cc. 851, 871; 2019, c. 712; 2024, c. 324.

Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2024–2026 · leading case: Terrace View Prop. Owner's Ass'n, Inc. v. Shekar Jannah (Va. Ct. App. 2026).
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Terrace View Prop. Owner's Ass'n, Inc. v. Shekar Jannah (Va. Ct. App. 2026). · cites it 2× “” See Code § 55.1-1825(A). But an entity that is not a POA may still levy assessments that are provided in a covenant contained within their declaration.”
Leggett v. The Sanctuary at False Cape Condo. Ass'n. (ORDER) (2024). “Petitioners specifically alleged that the Association’s proposed course of action “impede[d] the [u]nit [o]wners’ ability to take action, including inter alia, the rescission of the Special Assessment within sixty (60) days pursuant to Va. Code § 55.1-1825(A).” Petitioners filed…”
Va. Code Ann. § 55.1-1825(A): 2 cases
Terrace View Prop. Owner's Ass'n, Inc. v. Shekar Jannah (Va. Ct. App. 2026). “” See Code § 55.1-1825(A). But an entity that is not a POA may still levy assessments that are provided in a covenant contained within their declaration.”
Leggett v. The Sanctuary at False Cape Condo. Ass'n. (ORDER) (2024). “Petitioners specifically alleged that the Association’s proposed course of action “impede[d] the [u]nit [o]wners’ ability to take action, including inter alia, the rescission of the Special Assessment within sixty (60) days pursuant to Va. Code § 55.1-1825(A).” Petitioners filed…”
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