{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/55.1-2016.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/55.1-2016.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/55.1-2016.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/55.1-2016.html"}],"law_id":369516,"edition_id":2,"section_id":369516,"structure_id":52644,"section_number":"55.1-2016","catch_line":"Liens or encumbrances","history":"1966, c. 683, \u00a7 55-79.35; 2019, c. 712.","full_text":"A\n\nSubsequent to establishment of a horizontal property regime as provided in this chapter, and while the property remains subject to this chapter, no lien shall arise or be effective against the property as a whole or against the common elements. During such period, liens or encumbrances shall arise or be created and enforced only against each apartment and the percentage of undivided interest in the common areas and facilities appurtenant to such apartment in the same manner and under the same conditions in every respect as liens or encumbrances may arise or be created upon or against any other separate parcel of real property subject to individual ownership, provided that no labor performed or materials furnished with the consent or at the request of an apartment owner or such owner’s agent, contractor, or subcontractor shall be the basis for the filing of a mechanic’s lien against the apartment or any other property of any other apartment owner not expressly consenting to or requesting the same, except that such express consent shall be deemed to be given by the owner of any apartment in the case of emergency repairs to such apartment. Labor performed or materials furnished for the common elements and facilities, if duly authorized by the council of co-owners, the manager, or the board of directors in accordance with this chapter, the master deed, or the bylaws, shall be deemed to be performed or furnished with the express consent of each apartment owner and shall be the basis for the filing of a mechanic’s lien against each of the apartments and shall be subject to the provisions of subsection B. Notice of such lien may be served on the manager or the board of directors of the council of co-owners.\n\nB\n\nIf a lien is filed against two or more apartments and their respective percentage interest in the common elements, the apartment owners of the separate apartments may remove their apartments and their percentage interests in the common elements appurtenant to such apartments from the lien by payment of the fractional or proportional amounts attributable to each of the apartments affected, or they may file a written undertaking with surety approved by the court. Such individual payment, or amount of bond, shall be computed by reference to the percentage established pursuant to the bylaws of the horizontal property regime. After such partial payment, filing of bond, partial discharge, or release, or other satisfaction, the apartment and its percentage interest in the common elements shall be free and clear of such lien. Such partial payment, indemnity, satisfaction, or discharge shall not prevent the lienor from proceeding to enforce its rights against any apartment and its percentage interest in the common elements not so paid, indemnified, satisfied, or discharged.\n\n","order_by":null,"text":{"0":{"id":1378343,"text":"Subsequent to establishment of a horizontal property regime as provided in this chapter, and while the property remains subject to this chapter, no lien shall arise or be effective against the property as a whole or against the common elements. During such period, liens or encumbrances shall arise or be created and enforced only against each apartment and the percentage of undivided interest in the common areas and facilities appurtenant to such apartment in the same manner and under the same conditions in every respect as liens or encumbrances may arise or be created upon or against any other separate parcel of real property subject to individual ownership, provided that no labor performed or materials furnished with the consent or at the request of an apartment owner or such owner’s agent, contractor, or subcontractor shall be the basis for the filing of a mechanic’s lien against the apartment or any other property of any other apartment owner not expressly consenting to or requesting the same, except that such express consent shall be deemed to be given by the owner of any apartment in the case of emergency repairs to such apartment. Labor performed or materials furnished for the common elements and facilities, if duly authorized by the council of co-owners, the manager, or the board of directors in accordance with this chapter, the master deed, or the bylaws, shall be deemed to be performed or furnished with the express consent of each apartment owner and shall be the basis for the filing of a mechanic’s lien against each of the apartments and shall be subject to the provisions of subsection B. Notice of such lien may be served on the manager or the board of directors of the council of co-owners.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1378344,"text":"If a lien is filed against two or more apartments and their respective percentage interest in the common elements, the apartment owners of the separate apartments may remove their apartments and their percentage interests in the common elements appurtenant to such apartments from the lien by payment of the fractional or proportional amounts attributable to each of the apartments affected, or they may file a written undertaking with surety approved by the court. Such individual payment, or amount of bond, shall be computed by reference to the percentage established pursuant to the bylaws of the horizontal property regime. After such partial payment, filing of bond, partial discharge, or release, or other satisfaction, the apartment and its percentage interest in the common elements shall be free and clear of such lien. Such partial payment, indemnity, satisfaction, or discharge shall not prevent the lienor from proceeding to enforce its rights against any apartment and its percentage interest in the common elements not so paid, indemnified, satisfied, or discharged.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":52644,"edition_id":2,"name":"Management of Horizontal Property Regimes","identifier":"3","label":"article","depth":4,"order_by":3,"parent_id":52641,"metadata":{"child_laws":15,"child_structures":0},"date_created":"2026-08-02 03:02:18","date_modified":"2026-08-02 12:35:29","permalink":{"id":1474043,"object_type":"structure","relational_id":52644,"identifier":"3","token":"55.1\/IV\/20\/3","url":"\/55.1\/IV\/20\/3\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52641,"edition_id":2,"name":"Horizontal Property Act","identifier":"20","label":"chapter","depth":3,"order_by":3,"parent_id":52629,"metadata":{"child_laws":21,"child_structures":4},"date_created":"2026-08-02 03:02:17","date_modified":"2026-08-02 12:35:29","permalink":{"id":1474017,"object_type":"structure","relational_id":52641,"identifier":"20","token":"55.1\/IV\/20","url":"\/55.1\/IV\/20\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52629,"edition_id":2,"name":"Common Interest Communities","identifier":"IV","label":"subtitle","depth":2,"order_by":4,"parent_id":52600,"metadata":{"child_laws":309,"child_structures":30},"date_created":"2026-08-02 03:01:58","date_modified":"2026-08-02 12:35:28","permalink":{"id":1473475,"object_type":"structure","relational_id":52629,"identifier":"IV","token":"55.1\/IV","url":"\/55.1\/IV\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52600,"edition_id":2,"name":"Property and Conveyances","identifier":"55.1","label":"title","depth":1,"order_by":120,"parent_id":null,"metadata":{"child_laws":875,"child_structures":101},"date_created":"2026-08-02 03:01:36","date_modified":"2026-08-02 12:35:20","permalink":{"id":1471771,"object_type":"structure","relational_id":52600,"identifier":"55.1","token":"55.1","url":"\/55.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":369504,"structure_id":52644,"section_number":"55.1-2005","catch_line":"Apartments subject to individual titles and interests; recording; transfer of garage unit","url":"\/55.1-2005\/","token":"55.1\/IV\/20\/3\/55.1-2005","metadata":false},{"id":369505,"structure_id":52644,"section_number":"55.1-2006","catch_line":"Joint or common ownership","url":"\/55.1-2006\/","token":"55.1\/IV\/20\/3\/55.1-2006","metadata":false},{"id":369506,"structure_id":52644,"section_number":"55.1-2007","catch_line":"Exclusive and common rights of owners","url":"\/55.1-2007\/","token":"55.1\/IV\/20\/3\/55.1-2007","metadata":false},{"id":369507,"structure_id":52644,"section_number":"55.1-2008","catch_line":"Master deed or lease; recordation; particulars","url":"\/55.1-2008\/","token":"55.1\/IV\/20\/3\/55.1-2008","metadata":false},{"id":369508,"structure_id":52644,"section_number":"55.1-2009","catch_line":"Deeds of individual apartments","url":"\/55.1-2009\/","token":"55.1\/IV\/20\/3\/55.1-2009","metadata":false},{"id":369510,"structure_id":52644,"section_number":"55.1-2010","catch_line":"Regrouping or merger of estates with principal property","url":"\/55.1-2010\/","token":"55.1\/IV\/20\/3\/55.1-2010","metadata":false},{"id":369511,"structure_id":52644,"section_number":"55.1-2011","catch_line":"Merger not to bar subsequent condominium","url":"\/55.1-2011\/","token":"55.1\/IV\/20\/3\/55.1-2011","metadata":false},{"id":369512,"structure_id":52644,"section_number":"55.1-2012","catch_line":"Bylaws governing administration of buildings","url":"\/55.1-2012\/","token":"55.1\/IV\/20\/3\/55.1-2012","metadata":false},{"id":369513,"structure_id":52644,"section_number":"55.1-2013","catch_line":"Books and records; inspection; audit","url":"\/55.1-2013\/","token":"55.1\/IV\/20\/3\/55.1-2013","metadata":false},{"id":369514,"structure_id":52644,"section_number":"55.1-2014","catch_line":"Contributions by co-owners","url":"\/55.1-2014\/","token":"55.1\/IV\/20\/3\/55.1-2014","metadata":false},{"id":369515,"structure_id":52644,"section_number":"55.1-2015","catch_line":"Payment of assessments upon conveyance of apartment; priority","url":"\/55.1-2015\/","token":"55.1\/IV\/20\/3\/55.1-2015","metadata":false},{"id":369516,"structure_id":52644,"section_number":"55.1-2016","catch_line":"Liens or encumbrances","url":"\/55.1-2016\/","token":"55.1\/IV\/20\/3\/55.1-2016","metadata":false},{"id":369517,"structure_id":52644,"section_number":"55.1-2017","catch_line":"Rule against perpetuities; rule restricting unreasonable restraints on alienation","url":"\/55.1-2017\/","token":"55.1\/IV\/20\/3\/55.1-2017","metadata":false},{"id":369518,"structure_id":52644,"section_number":"55.1-2018","catch_line":"Liability of owner","url":"\/55.1-2018\/","token":"55.1\/IV\/20\/3\/55.1-2018","metadata":false},{"id":369519,"structure_id":52644,"section_number":"55.1-2019","catch_line":"Compliance by co-owner with bylaws and administrative rules and regulations","url":"\/55.1-2019\/","token":"55.1\/IV\/20\/3\/55.1-2019","metadata":false}],"previous_section":{"id":369515,"structure_id":52644,"section_number":"55.1-2015","catch_line":"Payment of assessments upon conveyance of apartment; priority","url":"\/55.1-2015\/","token":"55.1\/IV\/20\/3\/55.1-2015","metadata":false},"next_section":{"id":369517,"structure_id":52644,"section_number":"55.1-2017","catch_line":"Rule against perpetuities; rule restricting unreasonable restraints on alienation","url":"\/55.1-2017\/","token":"55.1\/IV\/20\/3\/55.1-2017","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-2016\/","history_text":"

This law was first created in 1966. The record of its establishment is cataloged in chapter 683 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1966 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2019, chapter 712<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":1474089,"object_type":"law","relational_id":369516,"identifier":"55.1-2016","token":"55.1\/IV\/20\/3\/55.1-2016","url":"\/55.1-2016\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/55.1-2016\/","token":"55.1\/IV\/20\/3\/55.1-2016","dublin_core":{"Title":"Liens or encumbrances","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-2016","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Subsequent to establishment of a horizontal property<\/span> regime as provided in this chapter, and while the property<\/span> remains subject to this chapter, no lien<\/span> shall arise or be effective against the property<\/span> as a whole or against the common elements. During such period, liens<\/span> or encumbrances shall arise or be created and enforced only against each apartment<\/span> and the percentage of undivided interest in the common areas and facilities appurtenant to such apartment<\/span> in the same manner and under the same conditions in every respect as liens<\/span> or encumbrances may arise or be created upon or against any other separate parcel of real property<\/span> subject to individual ownership, provided that no labor performed or materials<\/span> furnished with the consent or at the request of an apartment<\/span> owner or such owner’s agent, contractor, or subcontractor shall be the basis for the filing of a mechanic’s lien<\/span> against the apartment<\/span> or any other property<\/span> of any other apartment<\/span> owner not expressly consenting to or requesting the same, except that such express consent shall be deemed to be given by the owner of any apartment<\/span> in the case of emergency repairs to such apartment<\/span>. Labor performed or materials<\/span> furnished for the common elements and facilities, if duly authorized by the council of co-owners<\/span>, the manager, or the board of directors in accordance with this chapter, the master deed<\/span>, or the bylaws, shall be deemed to be performed or furnished with the express consent of each apartment<\/span> owner and shall be the basis for the filing of a mechanic’s lien<\/span> against each of the apartments<\/span> and shall be subject to the provisions of subsection B. Notice of such lien<\/span> may be served on the manager or the board of directors of the council of co-owners<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If a lien<\/span> is filed against two or more apartments<\/span> and their respective percentage interest in the common elements, the apartment<\/span> owners of the separate apartments<\/span> may remove their apartments<\/span> and their percentage interests in the common elements appurtenant to such apartments<\/span> from the lien<\/span> by payment of the fractional or proportional amounts attributable to each of the apartments<\/span> affected, or they may file a written undertaking with surety<\/span> approved by the court<\/span>. Such individual payment, or amount of bond<\/span>, shall be computed by reference to the percentage established pursuant to the bylaws of the horizontal property<\/span> regime. After such partial payment, filing of bond<\/span>, partial discharge, or release, or other satisfaction, the apartment<\/span> and its percentage interest in the common elements shall be free and clear of such lien<\/span>. Such partial payment, indemnity, satisfaction, or discharge shall not prevent the lienor from proceeding to enforce its rights against any apartment<\/span> and its percentage interest in the common elements not so paid, indemnified, satisfied, or discharged. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLIENS OR ENCUMBRANCES (\u00a7 55.1-2016)\n\nA. Subsequent to establishment of a horizontal property regime as provided in\nthis chapter, and while the property remains subject to this chapter, no lien\nshall arise or be effective against the property as a whole or against the\ncommon elements. During such period, liens or encumbrances shall arise or be\ncreated and enforced only against each apartment and the percentage of undivided\ninterest in the common areas and facilities appurtenant to such apartment in the\nsame manner and under the same conditions in every respect as liens or\nencumbrances may arise or be created upon or against any other separate parcel\nof real property subject to individual ownership, provided that no labor\nperformed or materials furnished with the consent or at the request of an\napartment owner or such owner’s agent, contractor, or subcontractor shall\nbe the basis for the filing of a mechanic’s lien against the apartment or\nany other property of any other apartment owner not expressly consenting to or\nrequesting the same, except that such express consent shall be deemed to be\ngiven by the owner of any apartment in the case of emergency repairs to such\napartment. Labor performed or materials furnished for the common elements and\nfacilities, if duly authorized by the council of co-owners, the manager, or the\nboard of directors in accordance with this chapter, the master deed, or the\nbylaws, shall be deemed to be performed or furnished with the express consent of\neach apartment owner and shall be the basis for the filing of a mechanic’s\nlien against each of the apartments and shall be subject to the provisions of\nsubsection B. Notice of such lien may be served on the manager or the board of\ndirectors of the council of co-owners.\n\nB. If a lien is filed against two or more apartments and their respective\npercentage interest in the common elements, the apartment owners of the separate\napartments may remove their apartments and their percentage interests in the\ncommon elements appurtenant to such apartments from the lien by payment of the\nfractional or proportional amounts attributable to each of the apartments\naffected, or they may file a written undertaking with surety approved by the\ncourt. Such individual payment, or amount of bond, shall be computed by\nreference to the percentage established pursuant to the bylaws of the horizontal\nproperty regime. After such partial payment, filing of bond, partial discharge,\nor release, or other satisfaction, the apartment and its percentage interest in\nthe common elements shall be free and clear of such lien. Such partial payment,\nindemnity, satisfaction, or discharge shall not prevent the lienor from\nproceeding to enforce its rights against any apartment and its percentage\ninterest in the common elements not so paid, indemnified, satisfied, or\ndischarged.\n\nHISTORY: 1966, c. 683, \u00a7 55-79.35; 2019, c. 712.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}