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Reviewed against Code of Virginia § 55.1-1823 (POAA special assessments: board authority

Virginia HOA Special Assessment Calculator

Compute the per-unit special assessment for a Virginia HOA or condominium project, determine whether the proposed assessment exceeds the 150%-of-prior-year threshold that triggers a required 2/3 member vote under Code of Virginia § 55.1-1823 (POAA) or § 55.1-1943 (condo), compute the votes needed for approval, and calculate the monthly installment option.

Calculator

Adjust the inputs below; the result updates instantly.

Association

Whether the association is a POAA planned community under Code of Virginia § 55.1-1823, or a condominium under § 55.1-1943. Both regimes apply the 150%-of-prior-year threshold for member vote.

Project

150% threshold

Installment option

Verdict

2/3 MEMBER VOTE REQUIRED under Code of Virginia § 55.1-1823 (POAA special assessments; 150% rule). Per-unit special assessment ($3000.00) EXCEEDS the 150% threshold ($1800.00). The board must obtain approval from at least 34 of 50 member votes (2/3 majority) before levying this assessment.
Total assessment needed
$150,000.00
150% threshold (prior year × 1.5)
$1,800.00
2/3 member vote required?
YES — 2/3 member vote required (34 of 50 votes)
Affirmative votes needed (if vote required)
34
Monthly installment per unit
$250.00
Statute citation
Code of Virginia § 55.1-1823 (POAA special assessments; 150% rule)
Summary
Virginia POAA planned-community special assessment analysis under Code of Virginia § 55.1-1823 (POAA special assessments; 150% rule). Project cost: $200000.00. Reserve offset: $50000.00. Total assessment needed: $150000.00. Units: 50. Per-unit special assessment: $3000.00. 150% threshold (prior year $1200.00/unit × 1.5): $1800.00/unit. Vote required: YES — per-unit ($3000.00) exceeds threshold ($1800.00); need 34 affirmative votes (2/3 of 50 units). Installment option: $250.00/unit/month over 12 months. Next action: A 2/3 member vote is required before levy. Steps: (1) Give proper meeting notice (21 days for annual meetings; check bylaws for special meetings). (2) Present the proposed special assessment at the meeting. (3) Obtain affirmative votes from at least 34 members. (4) Record the vote in meeting minutes. (5) After approval, levy the assessment by board resolution citing Code of Virginia § 55.1-1823 (POAA special assessments; 150% rule) and the member vote. (6) Send written notice of assessment to all owners including payment schedule ($250.00/unit/month over 12 months).

Tools to go with this

Need a Virginia special assessment levy resolution, owner notice, or member-vote script?

Fennec Press's Virginia HOA special assessment bundle includes the § 55.1-1823 / § 55.1-1943 board resolution, the member-vote notice (for assessments crossing the 150% threshold), the owner payment-plan agreement, and the collection-referral checklist for unpaid assessments.

Open Fennec Press Virginia HOA special assessment bundle

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How this calculator works

This is a special-assessment sizing and member-vote compliance tool for Virginia HOA and condominium associations. Given the association type, the project cost, available reserves, number of units, the prior year's annual assessment per unit, and the desired installment spread, it returns:

  1. The total assessment needed (project cost minus reserve offset).
  2. The per-unit special assessment.
  3. The 150%-of-prior-year threshold under § 55.1-1823 (POAA) or § 55.1-1943 (condo).
  4. Whether the per-unit assessment crosses the threshold, triggering a required 2/3 member vote.
  5. The number of affirmative votes needed if a vote is required.
  6. The monthly installment per unit over the chosen spread period.

Use this calculator when evaluating a capital project to determine whether board authority is sufficient or whether a member vote is required; when planning the member meeting agenda; and when drafting the special assessment notice and installment schedule.

The relevant Code of Virginia statutes

§ 55.1-1823 (POAA special assessments) gives the board of a planned-community association authority to levy special assessments unless the declaration requires a member vote for all special assessments. The critical Virginia-specific rule: if the total special assessment per unit in a fiscal year EXCEEDS 150% of the prior year's annual regular assessment per unit, a two-thirds (2/3) vote of the membership IS REQUIRED. This is the defining Virginia mechanic — it does not appear in Florida, North Carolina, or most Southern HOA acts in the same form.

§ 55.1-1943 (Condo special assessments) is the condominium equivalent. The same 150%-of-prior-annual-per-unit threshold applies.

§ 55.1-1833 (POAA lien) and § 55.1-1966 (condo lien) — special assessments are lienable under the same mechanism as regular assessments. Unpaid special assessments may be collected via a memorandum of lien and judicial foreclosure (or nonjudicial where the declaration grants a power of sale).

The 150% threshold — the Virginia-specific rule

The threshold is:

Prior Year Annual Regular Assessment Per Unit × 1.5

If the proposed per-unit special assessment exceeds this amount, the board cannot levy the assessment unilaterally. The board must:

  1. Call a membership meeting with proper advance notice (21 days minimum for a special membership meeting — verify bylaws, which often specify longer notice).
  2. Present the proposed special assessment and the supporting project cost documentation.
  3. Obtain a 2/3 affirmative vote of the membership.
  4. After the vote, levy the assessment by board resolution citing § 55.1-1823 / § 55.1-1943 and the membership vote.

The threshold applies to the TOTAL special assessments levied per unit in the fiscal year. If the association has already levied other special assessments in the same fiscal year, those must be included in the computation. Multiple small levies in the same year that together exceed the threshold require a retroactive member ratification or risk voidability.

Key thresholds and gotchas

Declaration may impose stricter requirements. If the declaration requires a member vote for ALL special assessments (regardless of amount), the statutory 150% rule is irrelevant — the board must always get member approval. Always read the declaration before evaluating the board's authority.

Prior year assessment unknown — the board is flying blind. If the board does not know last year's annual assessment per unit, the 150% threshold cannot be computed. This situation is surprisingly common after a management transition. The board should reconstruct the figure from prior year records or account for the possibility that any levy might require a member vote.

Reserve offset reduces the per-unit assessment and may avoid the threshold. Using reserves to partially fund the project reduces the per-unit special assessment. A board that would cross the 150% threshold with a full assessment may be able to stay below by drawing partially from reserves and planning a reserve catch-up contribution.

Installment plans do not eliminate the threshold analysis. An installment plan is a payment timing arrangement — it does not change the per-unit assessment amount for threshold purposes. A $3,000 per-unit assessment spread over 24 months is still a $3,000 assessment for the 150% analysis.

The lien attaches at levy, not at default. Once the board (or membership) levies the special assessment by resolution, the lien right attaches immediately. Owners who are already delinquent on regular assessments should be flagged for combined lien recordation.

Worked example: below threshold — board authority sufficient

Association type: POAA. Project cost: $200,000. Reserve offset: $50,000. Units: 50. Prior year annual per-unit: $1,200. Spread: 12 months.

  • Total assessment needed: $150,000.
  • Per-unit assessment: $3,000.
  • 150% threshold: $1,200 × 1.5 = $1,800.
  • Per-unit assessment ($3,000) EXCEEDS threshold ($1,800) — 2/3 member vote IS REQUIRED.
  • Votes needed: ceil(2/3 × 50) = 34 affirmative votes.
  • Monthly installment: $3,000 ÷ 12 = $250/unit/month.

Worked example: above threshold — member vote required

Same facts but prior year annual per-unit was $2,500.

  • 150% threshold: $2,500 × 1.5 = $3,750.
  • Per-unit assessment ($3,000) < threshold ($3,750) — NO member vote required.
  • Board may levy by resolution.
  • Monthly installment: $250/unit/month.

Worked example: hybrid reserve draw avoids vote

Same first scenario (prior year $1,200, threshold $1,800) but the board draws $80,000 from reserves instead of $50,000.

  • Total assessment needed: $200,000 − $80,000 = $120,000.
  • Per-unit assessment: $120,000 ÷ 50 = $2,400.
  • Wait — $2,400 still exceeds $1,800 threshold.
  • Draw $110,000 from reserves: total needed = $90,000; per-unit = $1,800. Exactly at the threshold — borderline.
  • Draw $115,000: total needed = $85,000; per-unit = $1,700. Below threshold — board authority sufficient.
  • Note: drawing more from reserves increases the reserve deficit and may require a larger reserve catch-up contribution or future special assessment.

What this calculator does NOT model

The calculator computes the assessment size and threshold analysis. It does NOT:

  • Evaluate whether the declaration requires member vote for all special assessments (read the declaration before relying on the statutory 150% threshold).
  • Model cumulative special assessments levied earlier in the same fiscal year (add any prior-year-to-date special assessments to the per-unit amount when testing the threshold manually if multiple levies are possible in the fiscal year).
  • Compute interest on installment plans (check the declaration for authorization to charge interest on deferred balances).
  • Model the lien-enforcement path for unpaid special assessments (use the Virginia HOA Assessment Lien Calculator).
  • Draft the board resolution, member meeting notice, or owner payment notice.

Counting conventions

Per-unit assessment = (total project cost − reserve offset) ÷ number of units, computed in dollars to the nearest cent. The 150% threshold = prior year annual per-unit × 1.5. Votes needed = ceiling of (2/3 × number of units). Monthly installment = per-unit assessment ÷ spread months.

Sources

Last reviewed: 2026-05-19 against:

  • Code of Virginia § 55.1-1823 (POAA special assessments; 150% member-vote threshold).
  • Code of Virginia § 55.1-1833 (POAA assessment lien — special assessments lienable).
  • Code of Virginia § 55.1-1943 (Condo Act special assessments; equivalent 150% threshold).
  • Code of Virginia § 55.1-1966 (condo assessment lien covering regular and special assessments).
  • Code of Virginia § 55.1-1825 (reserve fund — interplay with special assessment planning).

Code of Virginia § 55.1-1823 (POAA) and § 55.1-1943 (condo) provide that if the total special assessment per unit in a fiscal year EXCEEDS 150% of the prior year's annual regular assessment per unit, the board may NOT levy the assessment unilaterally — a 2/3 vote of the membership is required first. For example: if the prior year's annual assessment was $1,200/unit, the 150% threshold is $1,800/unit. A proposed special assessment of $2,000/unit would exceed the threshold and require a 2/3 membership vote before the board may levy it. This threshold is unique to Virginia and does not exist in Florida, Texas, or North Carolina in the same form.

Resources

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