Virginia guide

Virginia condo document review

Virginia condo document review centers on the resale certificate created by the 2023 Resale Disclosure Act (Va. Code §§55.1-2307 to -2317), which consolidated the former condo resale certificate and HOA disclosure packet into one uniform document.

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The seller must obtain it and provide it to the buyer — this cannot be waived — and the association or its preparer must deliver it within 14 days of a written request or it is deemed unavailable. The certificate lists 30 enumerated items, but it is a disclosure mandate, not a quality guarantee: a complete certificate can still reveal thin reserves, a stressed master policy, an approved special assessment, or an owner-paid deductible. The value is in reading the documents together, and in knowing you hold a three-day (often contract-extended) right to cancel after you receive it.

What the resale certificate must contain

Under §55.1-2310, the resale certificate's 30 items include the governing documents and rules, current and unpaid assessments, approved special and additional assessments, approved capital expenditures for the current and succeeding year, reserve balances and the current reserve study or a summary, the most recent balance sheet and income/expense statement and operating budget, unsatisfied judgments and pending litigation with material impact, insurance coverage including fidelity and a statement that owners may owe part of the deductible, governing-document and code-violation notices, board minutes for the last six months, rental and use restrictions, and certification that the association's CICB annual report is filed. Confirm the certificate is complete before relying on it.

Reserves: a study is required, funding is not

Virginia requires a reserve study at least every five years (§55.1-1965) with annual review, and the current study or a summary must appear in the certificate. But the statute does not require funding reserves to the recommended level — the board may rely on additional assessments or borrowing instead. Read the study's recommended reserve against the actual balance. A study showing large near-term roof, envelope, or elevator work, paired with reserves well below the recommendation, signals that special assessments are the planned funding mechanism. A missing or stale (over five years) study is a statutory violation.

Your three-day cancellation right

Under §55.1-2312, you may cancel without penalty within three days of receiving the resale certificate (or notice that it is unavailable), or within whatever longer period the ratified contract specifies — commonly extended to seven days by the standard Virginia REALTORS® contract. If delivery occurs before ratification, the clock runs from ratification; if after, from receipt. If the certificate is never delivered, you may cancel any time before settlement. Calendar this window and confirm whether your contract extended it.

Insurance and the owner-paid deductible

The certificate's insurance statement must, since July 1, 2025, disclose that governing documents may make an owner responsible for all or part of the master-policy deductible. Read that statement, the master policy's deductible structure, and (in coastal areas) any wind or flood treatment. Premiums roughly doubled 2021–2025 and replacement-cost coverage has eroded, so confirm the carrier, limits, and deductible rather than assuming the building is adequately covered.

Virginia legal references

Informational only. Not legal advice. Always confirm against current statute and counsel.

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Reviewer's checklist

  • Confirm the seller provided the full §55.1-2310 resale certificate
  • Verify the certificate was delivered within 14 days or is not deemed unavailable
  • Read the current reserve study or summary — recommended vs. actual reserves
  • Confirm the reserve study is within the five-year cycle (§55.1-1965)
  • Identify any approved special or additional assessments and capital expenditures
  • Read the insurance statement, including the owner-deductible disclosure
  • Review pending litigation and unsatisfied judgments with material impact
  • Read the board minutes from the last six months for assessment and repair discussion
  • Confirm the association's CICB annual report is filed (filing number and expiration)
  • Calendar your three-day (or contract-extended) cancellation window under §55.1-2312

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Upload condo or HOA documents for a free risk review. We read reserve studies, budgets, meeting minutes, insurance summaries, and assessment exposure — every finding linked to the exact page.

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Need a real estate lawyer or mortgage specialist?

We can connect you with vetted real estate lawyers, mortgage brokers, and insurance brokers familiar with the specifics of condo and HOA transactions.

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