What the disclosure does and does not do

It is a warning, not a rule of liability. The statute does not decide whether an owner owes the deductible; it requires the certificate to say that the governing documents may impose it. Whether they do in a particular community is a question about that declaration and those condominium instruments.

The drafting is careful about that. The phrase is “may make an owner responsible” — a disclosure of possibility, delivered to every purchaser regardless of what that community's documents actually say.

The second 2025 change in the same section

Chapter 247 of the 2025 Acts added a new subsection B to the same section:

“No association shall require the purchaser's name to be set out on the completed resale certificate prepared pursuant to the provisions of this chapter.”

That closes a practice some Virginia associations had adopted of demanding the buyer's identity before preparing the packet, which delayed closings and had no statutory basis. The section's history line now reads 2023, cc. 387, 388; 2024, cc. 54, 511; 2025, cc. 14, 16, 247. The Resale Disclosure Act was not amended at all in 2026.

Why the deductible disclosure landed when it did

The timing tracks the secondary mortgage market. In March 2026 Fannie Mae and Freddie Mac issued coordinated changes capping the per-unit, per-occurrence deductible on a master property policy at $50,000 for project eligibility, effective for loan applications dated on or after July 1, 2026, and capping the unit-owner HO-6 deductible at the lesser of five percent of coverage or $2,500.

A Virginia buyer reading the new certificate language and then reading their own HO-6 policy is looking at the two halves of the same exposure: what the association can pass through, and what their own policy will absorb.

What the certificate already had to carry

The deductible line joins a list that is already long. Section 55.1-2310(A) requires, among other things, the governing documents and rules; any restraint on alienability; the assessment amount and schedule and any unpaid assessments; approved special assessments; approved capital expenditures for the current and succeeding fiscal years; reserve balances and any designations of them; the most recent balance sheet and income and expense statement; the current operating budget; “the current reserve study or a summary of such study”; and unsatisfied judgments and pending actions that “could have a material impact on the association, the owners, or the unit being sold.”

The form itself is not the association's to design. Section 54.1-2350 requires the resale certificate form to be developed by the Common Interest Community Board, which approved an updated version with amendments at its June 5, 2025 meeting.

The conditions that change the answer

The Resale Disclosure Act reaches all four regimes. Chapter 23.1 consolidated resale disclosure across property owners' associations, condominiums and cooperatives; the obligation is not condominium-specific.

The obligation is the association's. The certificate is prepared by the association or its managing agent, and the preparer's name, address and telephone numbers head the list at item 1.

A statement of possibility is not a legal opinion. Nothing in item 14 requires the association to state whether its own documents pass the deductible through, only that documents may do so.

What to watch next

HB 621, carried over to the 2027 session, would add another item to the same list: a statement describing any unexpired declarant right to control association business, including a reserved right to appoint directors.