55-79.13 - Contributions by co-owners. - Virginia Statutes

§ 55-79.13. Contributions by co-owners.

All co-owners are bound to contribute pro rata toward the expenses ofadministration and of maintenance and repairs of the general common elements,and, in the proper case, of the limited common elements of the building orbuildings, and toward any other expenses lawfully agreed upon by the councilof co-owners.

If a co-owner fails to contribute his share as set forth above, the manageror board of directors of the council of co-owners or, in a proper case, anaggrieved co-owner, may maintain an action at law on behalf of the council ofco-owners to recover sums due, for damages, and in equity for injunctiverelief.

No co-owner shall be exempt from contributing toward such expenses by waiveror nonuse of the use or enjoyment of the common elements, both general andlimited, or by abandonment of the apartment belonging to him.

Said contributions may be determined and a lien, as the master deed mayprovide upon default in the payment of any such contribution, may beperfected by filing in the clerk's office wherein the master deed is recordeda memorandum showing the name of the delinquent co-owner, the name of thecouncil of co-owners as claimant of the lien, the amount of the claim and adescription of the property on which a lien is claimed verified by oath ofthe agent of the council of co-owners. The clerk shall record and index suchlien as provided in § 43-4.1 and shall charge such fees as are provided bylaw. Such lien shall be released as provided in §§ 55-66.3 through 55-66.7upon payment of the co-owner of his contributions.

(1962, c. 627, § 13; 1966, c. 683; 1973, c. 375.)