Clearly, the three Supreme Court cases are relevant to MALA and have precedential significance. However, other Circuit Court decisions in the Commonwealth demonstrate how the courts are deciding VPOAA cases, and they are all following the Supreme Court guidelines. Here are some of the cases:

Seven Springs Farm v. Evans et al

Seven Springs Farm HOA (SSF) assessed homeowners $12,000 for road maintenance. The charge was not calculated according to the method set forth in the declaration, and Evans et all (two property owners) refused to pay. SSF then filed memoranda of lien against the two property owners. Evans et al sued, claiming that SSF was not a property owners' association within the intendment of the VPOAA, and it had no authority to "...impose a blanket assessment on all lot owners for maintenance, and SSF is not authorized to impose any sort of special assessment for road maintenance or for a capital reserve fund." The court further ruled that "...the Declaration fails to expressly articulate a corresponding duty requiring SSF to maintain the roads or Lots." The final ruling, which I do not yet have in my possession, ordered SSF to remove the memoranda of liens and enjoined them from ever placing them again on these two properties. 

In:re Westchester Homes v. Clifton Farms HOA

Weschester Homes v. Clifton Farms is in part a VPOAA case, but involves liens that were mechanic's liens and not assessment liens. The court ruled that the VPOAA provided a statutory path for memoranda of liens on past due assessments but no other type of debt. However, the important takeaway from this case is a particular statement by the judge regarding lien authority: "One does not obtain a lien merely by filing a document and calling it a lien." This is an important principle of law, not only in Virginia but in every state of the United States except West Virginia, where a statute allows this practice. Remember the fifth amendment to the Constitution: ""No person shall be held to answer for a capital, or otherwise infamous crime... nor be deprived of life, liberty, or property, without due process of law..."  The Commonwealth of Virginia preserves this principle by requiring all liens to be consensual, statutory, or derived from a judgement. The target of a statutory lien has the right to object in a court of law, and the statute sets out the particular requirements to avoid potential abuse. So the citizen is thus protected. This would not be the case if any unregulated POA were able to record liens without the approval of a court.

In:re Cruikshanks v. Pemberton Oaks Townhouse Association

This is a Federal bankruptcy case that involves a Virginia resident and her townhouse association, and the VPOAA. The particulars of the case are not relevant to our discussion, but the judge points out on the third page of the opinion that "No lien for an assessment exists until it is perfected." and "The Act details specific requirements for perfecting such a lien:" which is from the VPOAA and quoted in the opinion:

The association, in order to perfect the lien given by this section, shall file before the expiration of 12 months from the time the first such assessment became due and payable in the clerk's office of the circuit court in the county or city in which such development is situated, a memorandum, verified by the oath of the principal officer of the association, or such other officer or officers as the declaration may specify...

From this, one can see that MALA cannot perfect such a lien because it is not subject to the VPOAA and has no statutory lien authority.