What Virginia laws govern homeowners associations?

Most Virginia homeowners associations are governed by the Property Owners' Association Act, which starts at Va. Code § 55.1-1800. Condominiums have their own law, the Virginia Condominium Act, and cooperatives have theirs. Any company hired to run the association day to day is regulated separately, under Chapter 23.3 of Title 54.1. Your recorded declaration sits underneath all of it, and the declaration controls first.

Which act applies to your community

Subdivisions and townhouse communities. The Property Owners' Association Act applies to developments subject to a declaration initially recorded after January 1, 1959, associations incorporated or otherwise organized after such date, and all subdivisions created under the Subdivided Land Sales Act.^[1] Older communities can opt in, and if one lot in a development is covered, all of its lots are.

Condominiums and cooperatives. The Property Owners' Association Act does not govern associations for condominiums created pursuant to the Condominium Act (§ 55.1-1900 et seq.), cooperatives created pursuant to the Virginia Real Estate Cooperative Act (§ 55.1-2100 et seq.), or time-shares and membership campgrounds, which have their own laws.^[1] The two acts are similar in many places. For example, both set a reserve study schedule, and a condominium's executive board must, except as its condominium instruments provide, conduct a study at least once every five years to determine the necessity and amount of reserves required to repair, replace, and restore the capital components.^[5]

The declaration. The Act does not erase the document your community was created under. It says that to the extent that the declaration is silent, the provisions of this chapter shall apply.^[1] So read the declaration and the bylaws first, then the statute.

What the Property Owners' Association Act covers

The Act is divided into general provisions, disclosure rules, and a long article on how an association operates. A few provisions come up most often:

• Budget and reserves. The board must make the annual budget or a summary available to lot owners before the fiscal year begins, and must conduct at least once every five years a study to determine the necessity and amount of reserves required to repair, replace, and restore the capital components.^[4] It then reviews the results at least annually.
• Records. Members can examine association records for a proper purpose on five business days' written notice for an association managed by a common interest community manager and 10 business days' written notice for a self-managed association.^[7]
• Assessments and liens. The association has a lien, once perfected, on every lot for unpaid assessments.^[6] To perfect it, the association must file a memorandum in the circuit court clerk's office before the expiration of 12 months from the time the first such assessment became due and payable.^[6]
• Management contracts. Under the Act, a management contract that contains an automatic renewal provision may be terminated by the association or the common interest community manager at any time without cause and without penalty upon not less than 60 days' written notice.^[8]

The Act also covers meetings, rules, flag display, solar devices, electric vehicle charging, home-based businesses and more, each in its own section. Read the section on the topic you are dealing with rather than relying on a summary.

The law that regulates managers

Chapter 23.3 of Title 54.1 creates the Common Interest Community Board, which regulates managers across every association type; its definitions say an association includes condominium, cooperative, or property owners' associations.^[2] Under it, any person, partnership, corporation, or other entity offering management services to a common interest community on or after January 1, 2009, shall hold a valid license.^[3] Managers' staff in charge of a community must, within two years of being hired, hold a certificate from the Board certifying the person possesses the character and minimum skills to engage properly in the provision of management services to a common interest community, or work under the direct supervision of someone who does.^[3] Costs and contract terms are in how much HOA management costs in Virginia.

How to find out what applies to you

Start with the declaration recorded in the land records where your community is located, and the bylaws and rules the board has adopted. Then match the community's legal type to the right act, read the relevant sections, and write to the board when you need records or a decision, giving a clear purpose. Most disputes turn on the exact wording of a declaration and a section of the Code, so quote both.

Stop and call a pro if

• You have received a lien notice, a foreclosure notice or a lawsuit. Talk to a Virginia attorney the same day.
• Your declaration and the statute seem to conflict, or the board wants to amend the declaration. An attorney who works with associations should read both.
• The association is hiring or firing a manager. Confirm the licence and have the contract reviewed.
• You suspect missing funds or a conflict of interest. That calls for an attorney and an accountant, not a letter alone.

This page explains what the statutes say and is not legal advice.

Getting help in Virginia

Browse more commercial answers or the commercial services directory. For property and maintenance work at your community, describe the job and local pros quote it.