Default rule and exceptions
Va. Code 55.1-1964 ("Liability for common expenses"): common expenses to maintain/repair/renovate/restore/replace a limited common element are specially assessed against the unit(s) to which the LCE was assigned (shared equally if more than one). This section allocates COST, not the physical maintenance duty (that derives from the condominium instruments and Va. Code 55.1-1955). General common expenses are assessed against all units by interest.
| Party | What they are responsible for |
|---|---|
| Property owner | Effectively bear (via special assessment) the cost of repairs to the limited common elements serving only the owner's unit (e.g., assigned balcony/deck). |
| City / public agency | The association performs the work; general common-element costs are shared across all units in proportion to interest. |
| Exceptions | The condominium instruments may provide otherwise; This section allocates cost, not the physical maintenance duty (see Va. Code 55.1-1955) |
What the source says
Last verified against the primary source on Sep 14, 2026.
Except to the extent that the condominium instruments provide otherwise, any common expenses associated with the maintenance, repair, renovation, restoration, or replacement of any limited common element shall be specially assessed against the condominium unit to which that limited common element was assigned at the time such expenses were made or incurred.
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Common questions
Who pays for hoa / condo common elements in Statewide, VA?
Responsibility is shared. Effectively bear (via special assessment) the cost of repairs to the limited common elements serving only the owner's unit (e.g., assigned balcony/deck).
Are there exceptions in Statewide, VA?
The condominium instruments may provide otherwise; This section allocates cost, not the physical maintenance duty (see Va. Code 55.1-1955)
What is this based on for Statewide, VA?
This verdict is sourced to Va. Code § 55.1-1964: Liability for common expenses; late fees and 2 sources in total, each independently re-checked before publication.
Sources
- Va. Code § 55.1-1964: Liability for common expenses; late feesstatute · verified-primary · accessed 2026-09-13
- Va. Code § 55.1-1964 (official primary: re-fetch target)statute · research-cited · accessed 2026-09-11
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