Virginia Condo Laws: Who Repairs What

Governing law

State law sets the defaults. Your declaration (sometimes called the master deed or CC&Rs) usually fills in the details, and it often moves specific items between the owner and the association. Read both together.

Who maintains what

Under § 55.1-1955(A), unless the condominium instruments say otherwise, the association has the powers and financial responsibility for maintenance, repair, and replacement of the common elements, and each owner has them for the unit. There is an important exception: if a unit repair is needed because of a condition that started in or came through the common elements (or equipment located in them), the association takes on that responsibility. Owners must give reasonable access through their unit, and whoever damages a unit while taking access must promptly repair it. For limited common elements, § 55.1-1964(A) says the costs are specially assessed to the unit they are assigned to, unless the instruments provide otherwise.

For a component-by-component breakdown, see who pays for what and limited common elements.

Unit boundaries

Section 55.1-1912 sets default rules unless the instruments say otherwise. If walls, floors, or ceilings are the unit boundaries, the finished surfaces (lath, wallboard, plaster, paneling, tiles, wallpaper, paint, and finished flooring) belong to the unit, and the rest of the wall, floor, or ceiling is common element. Pipes, ducts, wires, and similar items serving only one unit are part of that unit. Doors, windows, balconies, patios, and similar items serving one unit but outside its boundaries are limited common elements.

Boundaries decide most repair disputes, from plumbing leaks to windows. Our unit boundaries guide explains how to read them.

Key provisions

• Default repair split: association for common elements, owner for the unit, unless the instruments say otherwise (§ 55.1-1955(A)).
• Unit damage that starts in the common elements is the association's responsibility by default (§ 55.1-1955(A)).
• Limited common element costs are specially assessed to the assigned unit unless the instruments say otherwise (§ 55.1-1964(A)).
• The board must do a reserve study at least once every five years and review it every year (§ 55.1-1965(B)).
• Associations that collect assessments must carry a fidelity bond or employee dishonesty policy (§ 55.1-1963(B)).
• The declarant warrants units and common elements against structural defects for two years (§ 55.1-1955(B)).

Reserve studies

Thin reserves often turn into special assessments. See reserve study red flags for what to look for.

What is different in Virginia

Insurance and deductibles

Virginia's Act is less prescriptive than many states on property insurance. Section 55.1-1963(A) says the condominium instruments may require a master casualty policy at full replacement value and a master liability policy covering the association and owners, so the actual requirements come from your declaration and bylaws. One requirement is mandatory: any association collecting assessments must carry a blanket fidelity bond or employee dishonesty policy, generally equal to the lesser of $1 million or reserves plus one quarter of annual assessments, with a $10,000 minimum. Owners must be notified when policies are obtained, changed, or terminated. The Act does not set a deductible allocation rule, so read the declaration.

Related: HOA insurance deductibles and master policy vs HO-6.

Buying or selling a Virginia condo

For resales, the seller must get a resale certificate from the association and give it to the buyer (§ 55.1-2309). The association must deliver it within 14 days of a written request, or it is treated as unavailable. The certificate includes governing documents, assessments, fees, and other items listed in § 55.1-2310. Unless the contract sets a different period, the buyer may cancel within three days after ratification or after receiving the certificate, whichever applies, and can cancel any time before settlement if it was never delivered (§ 55.1-2312). Cancellation is without penalty and deposits must be returned.

Frequently Asked Questions

Who pays for a leak in my Virginia condo that came from the unit above?

It depends on where the leak started and what your declaration says. Under § 55.1-1955(A), the owner usually handles repairs to the unit, but if the problem originated in the common elements (like a shared pipe or the roof), the association has the responsibility by default. A leak from a neighbor's own fixture is usually between owners and their insurers. Check your declaration and the master policy before paying.

Does a Virginia condo association have to do a reserve study?

Yes, unless the condominium instruments provide otherwise. Section 55.1-1965 requires the board to conduct a reserve study at least once every five years and review it at least annually. The budget must show the estimated replacement cost and remaining life of capital components and the reserves set aside. Buyers should ask for the most recent study and compare its recommended funding to the actual reserve balance.

How long do I have to cancel a Virginia condo purchase after getting the resale certificate?

If the contract does not set a different period, you have three days. If you got the certificate before ratifying the contract, the three days run from ratification. If you got it after, they run from receipt. If you never receive the certificate or a notice that it is unavailable, you can cancel any time before settlement. Give written notice as the contract requires (§ 55.1-2312).

Who maintains my balcony or patio in a Virginia condo?

By default, balconies, patios, and similar items serving one unit but outside its boundaries are limited common elements (§ 55.1-1912). The association generally controls common elements, but costs for limited common elements are specially assessed to the unit they serve unless the instruments provide otherwise (§ 55.1-1964(A)). Many declarations assign day-to-day upkeep to the owner, so read yours.