Virginia

Virginia HOA Laws: Statutes, Rules & Board Duties

What Virginia statutes actually require of community associations — meetings, fines, assessments and liens, records, reserves, architectural review, and the resident protections a board cannot override. Every point is cited to statute.

By the Grihak Team · Researched 2026-07-09

Primary statute: Virginia Property Owners' Association Act, Va. Code § 55.1-1800 et seq. (condominiums: Condominium Act, § 55.1-1900 et seq.)

Applies to: Property owners' associations and condominium unit owners' associations in Virginia

⚠️ Informational summary only — not legal advice. Laws change and facts matter. Confirm current requirements with the statute and a licensed Virginia attorney before acting.

Governing statutes

Property Owners' Association Act (POAA), Va. Code § 55.1-1800 et seq. (Title 55.1, Chapter 18) governs residential planned developments where lot owners are members of an association obligated to pay assessments.
Condominium Act, Va. Code § 55.1-1900 et seq. (Chapter 19) governs condominiums; the Virginia Real Estate Cooperative Act, § 55.1-2100 et seq. (Chapter 21) governs cooperatives.
Most associations are also nonstock corporations governed by the Virginia Nonstock Corporation Act (Va. Code § 13.1-801 et seq.), which supplies default rules on directors, elections, and quorum.
The Common Interest Community Board (CICB) within the Department of Professional and Occupational Regulation (DPOR) regulates community-association managers and administers owner complaints; "common interest community" and related terms are defined at Va. Code § 54.1-2345.
Where the governing documents (declaration/CC&Rs, bylaws, rules) conflict with the statute, the statute controls; a 2026 amendment confirms that where the declaration conflicts with the articles/bylaws on dues, assessments, fees, or membership, the declaration controls (SB 246 / HB 439). (verify — very recent Nonstock Corporation Act change.)

Meetings & notice

Open meetings (Va. Code § 55.1-1816): all meetings of the board of directors and its committees where association business is discussed or transacted must be open to all members; the board may not use work sessions or informal gatherings to circumvent this.
Notice of the time, date, and place of each board/committee meeting must be published where reasonably calculated to be available to a majority of lot owners; a lot owner may request individual notice, renewed in writing at least once a year, delivered by first-class mail or email (Va. Code § 55.1-1816).
Special or emergency meetings: notice "reasonable under the circumstances" must be given contemporaneously with the notice provided to the board members conducting the meeting (Va. Code § 55.1-1816).
Members may record any open portion of a meeting; the board may adopt reasonable rules on equipment placement and notice of recording (Va. Code § 55.1-1816).
Executive (closed) session is permitted for personnel matters, legal consultation, contracts, litigation, and matters of member liability, after an affirmative recorded vote stating the purpose; action must be taken in open session to be effective (Va. Code § 55.1-1816). (verify exact list of closed-session purposes.)
Member meeting notice (Va. Code § 55.1-1815): at least 14 days before any annual or regularly scheduled meeting and at least 7 days before any other meeting, by mail, hand delivery, or (with consent) email.

Fines & enforcement

The board may adopt and enforce rules governing use of common areas and may assess charges for violations of the declaration and rules (Va. Code § 55.1-1819).
Charge limits: not more than $50 for a single offense or $10 per day for a continuing offense, and continuing-offense charges may not be assessed for a period exceeding 90 days (an effective cap of roughly $900 per continuing violation) (Va. Code § 55.1-1819).
Due process: the member must first receive notice and a reasonable opportunity to correct the violation; before a charge/suspension, the board must give written notice of a hearing at least 14 days in advance (hand-delivered or by registered/certified mail, return receipt), and the member may be represented by counsel (Va. Code § 55.1-1819).
Decision: the result of the hearing must be delivered within 7 days of the hearing by hand delivery or registered/certified mail (Va. Code § 55.1-1819).
The board may suspend a member's right to use common facilities for nonpayment of assessments more than 60 days past due, provided health and safety are not endangered; unpaid charges may be treated as assessments (Va. Code § 55.1-1819). (verify 60-day figure and treatment of charges as an assessment lien.)

Assessments, liens & foreclosure

Assessments are the lot owner's personal obligation; the association may perfect a memorandum of lien by filing in the circuit court clerk's office (Va. Code § 55.1-1833; condominiums, § 55.1-1966).
Filing deadline: the memorandum of lien must be filed within 12 months from the time the first assessment became due and payable; the association must send the owner written notice by certified mail at least 10 days before filing (Va. Code § 55.1-1833).
Priority: once perfected, the lien is prior to later liens except (i) real-estate tax liens, (ii) liens recorded before the declaration, and (iii) sums owed under a mortgage/deed of trust recorded before the lien is perfected (Va. Code § 55.1-1833).
Nonjudicial foreclosure of the assessment lien is permitted only if the total sums secured exceed $5,000 (exclusive of attorney fees and costs), the owner is given notice of a satisfaction date not less than 60 days out, and statutory advertisement requirements are met; the owner retains the right to bring a circuit-court action to contest the debt (Va. Code § 55.1-1833). (verify $5,000 threshold and advertisement timing.)

Records access

Members may examine and copy the association's books and records for a proper purpose (Va. Code § 55.1-1815); the association may adopt reasonable written procedures.
Response timeline: the association must respond within 5 business days if managed by a common interest community manager, or 10 business days if self-managed, after a written request (Va. Code § 55.1-1815).
Copying costs: charges must reflect the reasonable costs of materials and labor, not to exceed actual costs, per a board-adopted cost schedule applied uniformly (Va. Code § 55.1-1815).
The association may withhold records involving personnel matters, pending or probable litigation, attorney-client communications, executive-session minutes, individual member files, and matters under an active government investigation (Va. Code § 55.1-1815).

Reserves & budgets

Reserve study: the board must conduct, at least once every 5 years, a study to determine the necessity and amount of reserves required to repair, replace, and restore the capital components (Va. Code § 55.1-1826).
The board must review the reserve study results at least annually and adjust the budget as needed to fund reserves (Va. Code § 55.1-1826).
Before each fiscal year the board must provide owners the annual budget or a summary; where reserves are required, the budget must disclose estimated replacement costs, useful life, current reserves, and recommended contributions (Va. Code § 55.1-1826).
The board may meet capital repair/replacement needs through replacement reserves, additional assessments, or borrowing (Va. Code § 55.1-1826).

Architectural control

The POAA does not prescribe a universal architectural-review procedure; architectural authority and approval standards are set by the recorded declaration/CC&Rs and any architectural guidelines, enforced through the board's general rulemaking power (Va. Code §§ 55.1-1800, 55.1-1819). (verify — no dedicated architectural-review statute like California Civ. Code § 4765.)
Any specific approval timeline, written-decision, or reconsideration right applicable to a community comes from its governing documents, not a statewide statute; enforcement of covenants still requires the notice/hearing due process of § 55.1-1819. (verify any timeline claimed in a specific community's rules.)

Protected activities (what an HOA generally cannot prohibit)

Solar energy collection devices: an association may not prohibit installation on an owner's property unless the recorded declaration expressly prohibits it; "reasonable" restrictions may not increase installation cost by more than 5% or reduce energy production by more than 10% (Va. Code § 55.1-1820.1; condominiums, § 55.1-1962). (verify condo cross-reference.)
Display of the U.S. flag: an association may not prohibit an owner from displaying the flag of the United States on the owner's property; only reasonable restrictions on size, place, duration, and manner are allowed, and the association bears the burden of proof (Va. Code § 55.1-1820; condominiums, § 55.1-1951).
Political signs: an association may not prohibit an owner from displaying political signs on the owner's lot; reasonable rules on size, number, and timing are permitted (Va. Code § 55.1-1819.1). (verify section number — recently added.)
Electric vehicle charging stations: an association may not prohibit an owner from installing an EV charging station for personal use within the owner's assigned or deeded parking space; reasonable restrictions on number, size, placement, and insurance apply, and the association is not liable for the station (Va. Code § 55.1-1823.1; condominiums, § 55.1-1962.1).
Xeriscaping / drought-tolerant landscaping: Virginia has no general statute protecting xeriscaping or native-plant gardens from HOA rules (a bill, HB 528, stalled); landscaping is governed by the declaration. During a declared drought emergency with local mandatory water restrictions, the association generally may not compel actions that violate those restrictions (governed indirectly under Va. Code § 55.1-1820 flag/general provisions and local law). (verify — no dedicated xeriscape statute; do not assume protection.)

Fair housing & assistance animals

The Virginia Fair Housing Law, Va. Code § 36-96.1 et seq., and the federal Fair Housing Act prohibit housing discrimination by associations, including on the basis of disability.
Associations must make reasonable accommodations in rules, policies, and practices, following an interactive process (Va. Code § 36-96.3:2).
Assistance animals (including emotional-support animals) must be allowed as a reasonable accommodation notwithstanding a "no pets" or breed/size rule; the association may request reliable documentation of the disability and disability-related need where not obvious, may not charge a pet fee or deposit, and may deny only for the statutory reasons (no disability, no disability-related need, undue burden, or fundamental alteration) (Va. Code § 36-96.3:1).

Required disclosures

On resale, disclosure obligations are consolidated in the Virginia Resale Disclosure Act, Va. Code § 55.1-2307 et seq. (Chapter 23.1, effective July 1, 2023), which replaced the former POAA "association disclosure packet" (former §§ 55.1-1809, 55.1-1810) and the condominium "resale certificate"; all such documents are now called the "resale certificate." (verify — confirm the older §§ 55.1-1809/1810 packet citations are superseded, not still in force.)
The seller (or the seller's agent) requests the resale certificate; the association or its manager must prepare and deliver it within the statutory time, and allowable fees are capped (formerly, e.g., up to $150 preparation and up to $100 inspection under §§ 55.1-1809/1810; confirm current caps under Chapter 23.1) (Va. Code §§ 55.1-2307 to 55.1-2325). (verify current fee caps.)
Effective 2025, resale certificates must disclose whether an owner may be responsible for part or all of a master-insurance-policy deductible on an association claim. (verify code placement.)

Dispute resolution

Every association must establish a written association complaint procedure allowing members to submit complaints about a violation of common-interest-community law or regulation, as required by the Common Interest Community Ombudsman Regulations (18VAC48-70) under the CICB (Va. Code § 54.1-2354.4 et seq.). (verify statutory citation.)
A member who receives an adverse final determination may file a Notice of Final Adverse Decision with the Office of the Common Interest Community Ombudsman at DPOR; the association's determination must inform the member of this right and provide contact information.
Amendments to the Common Interest Community Ombudsman Regulations took effect August 1, 2025, simplifying the required association complaint procedure. (verify effective date.)

Recent changes (2023–2026)

Resale Disclosure Act consolidation (eff. July 1, 2023; updated July 1, 2024): moved all POA/condo/cooperative resale disclosure into a single Act (Va. Code § 55.1-2307 et seq.), eliminated the term "disclosure packet" in favor of "resale certificate," and let a seller's agent request the certificate. (verify.)
2025 (eff. July 1, 2025): resale certificates must disclose potential owner responsibility for a master-insurance-policy deductible; HB 2195 added mold-remediation certification requirements to the Consumer Protection Act; SB 761 lengthened the district-court return-date window and raised the general district court civil jurisdiction to $50,000; HB 2750 strengthened management-contract transitions. (verify bill numbers and code placement.)
Common Interest Community Ombudsman Regulations amended (eff. Aug. 1, 2025): revised and simplified the required association complaint procedure (18VAC48-70). (verify.)
2026: SB 246 / HB 439 overhauled the Virginia Nonstock Corporation Act, confirming the declaration/condominium instruments control over conflicting articles/bylaws on dues, assessments, fees, or membership; HB 833 authorizes localities to require EV-ready/EV-capable parking in subdivision ordinances. (verify — very recent.)

Sources

Property Owners' Association Act (Chapter 18) full text — https://law.lis.virginia.gov/vacode/title55.1/chapter18/ ; popular-names index — https://law.lis.virginia.gov/vacodepopularnames/property-owners-association-act/
§ 55.1-1815 (records; meeting notice) — https://law.lis.virginia.gov/vacode/title55.1/chapter18/section55.1-1815/
§ 55.1-1816 (board meetings; open-meeting/notice) — https://law.lis.virginia.gov/vacode/title55.1/chapter18/section55.1-1816/
§ 55.1-1819 (adoption and enforcement of rules; charges $50/$10/90-day) — https://law.lis.virginia.gov/vacode/title55.1/chapter18/section55.1-1819/
§ 55.1-1819.1 (political signs) — referenced via https://law.lis.virginia.gov/vacode/title55.1/chapter18/ (verify direct section page)
§ 55.1-1820 (display of the U.S. flag) — https://law.lis.virginia.gov/vacode/title55.1/chapter18/section55.1-1820/ ; condo § 55.1-1951 — https://law.lis.virginia.gov/vacode/title55.1/chapter19/section55.1-1951/
§ 55.1-1820.1 (solar energy collection devices) — https://law.lis.virginia.gov/vacode/title55.1/chapter18/section55.1-1820.1/
§ 55.1-1823.1 (EV charging stations) — https://law.lis.virginia.gov/vacode/title55.1/chapter18/section55.1-1823.1/ ; condo § 55.1-1962.1 — https://law.lis.virginia.gov/vacode/title55.1/chapter19/section55.1-1962.1/
§ 55.1-1826 (reserves; 5-year study) — https://law.lis.virginia.gov/vacode/title55.1/chapter18/section55.1-1826/
§ 55.1-1833 (lien for assessments; foreclosure) — https://law.lis.virginia.gov/vacode/title55.1/chapter18/section55.1-1833/ ; condo § 55.1-1966 — https://law.lis.virginia.gov/vacode/title55.1/chapter19/section55.1-1966/
Resale Disclosure Act (Chapter 23.1) — https://law.lis.virginia.gov/vacodefull/title55.1/chapter23.1/ ; § 55.1-2307 (definitions) — https://law.lis.virginia.gov/vacode/title55.1/chapter23.1/section55.1-2307/ ; former §§ 55.1-1809/1810 (Justia archive) — https://law.justia.com/codes/virginia/2022/title-55-1/chapter-18/section-55-1-1809/
Common Interest Community Board — § 54.1-2345 (definitions) — https://law.lis.virginia.gov/vacode/title54.1/chapter23.3/section54.1-2345/ ; CIC Ombudsman — https://www.dpor.virginia.gov/CIC-Ombudsman/
Virginia Fair Housing Law / assistance animals — § 36-96.3:1 — https://law.lis.virginia.gov/vacode/title36/chapter5.1/section36-96.3:1/ ; § 36-96.3:2 (reasonable accommodations) — https://law.lis.virginia.gov/vacode/title36/chapter5.1/section36-96.3:2/
2025–2026 legislative summaries — Whiteford 2025 update (https://www.whitefordlaw.com/news-events/client-alert-2025-virginia-legislative-updates-for-common-interest-communities) ; Whiteford 2026 update (https://www.whitefordlaw.com/news-events/client-alert-2026-virginia-legislative-updates-for-common-interest-communities) ; Woods Rogers 2024 changes (https://www.woodsrogers.com/insights/publications/2024-virginia-legislative-changes-affecting-community-associations)

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Frequently asked questions

What laws govern HOAs in Virginia?

Property Owners' Association Act (POAA), Va. Code § 55.1-1800 et seq. (Title 55.1, Chapter 18) governs residential planned developments where lot owners are members of an association obligated to pay assessments. - Condominium Act, Va. Code § 55.1-1900 et seq. (Chapter 19) governs condominiums; the Virginia Real Estate Cooperative Act, § 55.1-2100 et seq. (Chapter 21) governs cooperatives.

Can a Virginia HOA fine a homeowner, and what process is required?

The board may adopt and enforce rules governing use of common areas and may assess charges for violations of the declaration and rules (Va. Code § 55.1-1819). - Charge limits: not more than $50 for a single offense or $10 per day for a continuing offense, and continuing-offense charges may not be assessed for a period exceeding 90 days (an effective cap of roughly $900 per continuing violation) (Va. Code § 55.1-1819).

What are the board meeting and notice rules for Virginia HOAs?

Open meetings (Va. Code § 55.1-1816): all meetings of the board of directors and its committees where association business is discussed or transacted must be open to all members; the board may not use work sessions or informal gatherings to circumvent this.

What HOA records can Virginia homeowners inspect?

Members may examine and copy the association's books and records for a proper purpose (Va. Code § 55.1-1815); the association may adopt reasonable written procedures. - Response timeline: the association must respond within 5 business days if managed by a common interest community manager, or 10 business days if self-managed, after a written request (Va. Code § 55.1-1815).

When can a Virginia HOA place a lien or foreclose over unpaid assessments?

Assessments are the lot owner's personal obligation; the association may perfect a memorandum of lien by filing in the circuit court clerk's office (Va. Code § 55.1-1833; condominiums, § 55.1-1966). - Filing deadline: the memorandum of lien must be filed within 12 months from the time the first assessment became due and payable; the association must send the owner written notice by certified mail at least 10 days before filing (Va. Code § 55.1-1833).

Does HOA software make a Virginia board automatically compliant?

No. Compliance is the board's legal responsibility, guided by your association's attorney. Software like Grihak lowers effort and error by turning requirements into default workflows — noticed agendas, recorded votes, auto-generated minutes, documented violation hearings, permissioned document access, and a timestamped dues ledger — but it supports compliance rather than guaranteeing it.