Statute Amended To Permit Late Fees

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Section 55-79.83 of the Virginia Condominium Act was amended in the 2013 legislative session to permit condominium associations to impose late fees of up to 5 percent for assessments that are not paid within 60 days of the due date, unless the governing documents provide otherwise. In addition, Section 55-513.1 was added as a new section to the Property Owners' Association Act, permitting property owners' associations to impose such late fees as well. Previously, Virginia associations could not collect any fees that were not expressly provided in the declarations. However, with these new laws in place, condominium associations and property owners' associations can adopt collections policies to enable them to collect late fees.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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