HOA Laws in Virginia

Homeowners associations in Virginia are governed by the Property Owners' Association Act, found at Code of Virginia Section 55.1-1800 through 55.1-1836. Condominiums are governed by the Virginia Condominium Act, Section 55.1-1900 and following. The state's Common Interest Community Board provides regulatory oversight. This guide summarizes the areas boards ask about most. It is general information, not legal advice.

The governing statute

The Property Owners' Association Act sets baseline rules for Virginia HOAs, covering records access, meetings, assessments, disclosure packets, and enforcement, alongside your community's recorded documents. Most Virginia HOAs are also incorporated as nonstock corporations, so Title 13.1 governs corporate matters such as member and board meetings, director duties, quorum, and voting. Condominium communities should look primarily to the Virginia Condominium Act.

Meetings and open-meeting rules

Under Section 55.1-1815, association and board meetings are generally open to members with notice, subject to limited exceptions that may be handled in closed session. Members have a right to attend and to notice of meetings.

Elections and voting

Directors are elected by the members as provided by the statute and the bylaws. Notice, quorum, proxy, and ballot procedures follow the governing documents and the Act.

Records access and owner inspection

Section 55.1-1815 gives owners the right to examine and copy association books and records, subject to reasonable charges and limited exceptions for protected information. The association must keep detailed financial records in accordance with generally accepted accounting practices.

Assessments, liens, and foreclosure

Associations may levy assessments and charge late fees as provided by Section 55.1-1824. For unpaid amounts, the association may record a memorandum of lien under Section 55.1-1833, which must be perfected within statutory time limits, and may pursue foreclosure subject to notice requirements.

Resale disclosure packet

When a home is sold, the association must provide a disclosure packet under Section 55.1-1809 and following, giving the buyer key financial and governance information within statutory timeframes.

Fines, enforcement, and due process

The Act allows associations to adopt and enforce rules and to impose charges for violations, subject to notice and an opportunity to be heard. Enforcement must follow the governing documents and statutory due-process requirements.

Reserves and budgets

Virginia requires the board to periodically review the necessity for reserves and to conduct a reserve study of capital components at least once every five years, then to consider funding based on that review.

Owner protections on common restrictions

Virginia law limits how far an HOA can restrict certain owner rights, including the reasonable installation of solar energy collection devices, the display of the United States flag, and certain political and for-sale signs. Review the specific statute before denying a related request.

State oversight and dispute resolution

The Common Interest Community Board registers associations and, through the Common Interest Community Ombudsman, provides an association complaint process. Many disputes are resolved internally, with mediation or court available for those that escalate.

Where to get official help

The full text of the Property Owners' Association Act is available from the Virginia Legislature, and the Common Interest Community Board offers guidance. For a specific situation, consult a Virginia attorney experienced in community association law.