Virginia HOA Laws

Most Virginia community associations are created as nonprofit corporations and governed primarily by their recorded governing documents (the declaration of covenants, conditions and restrictions, the bylaws, and any rules and resolutions), together with several state statutes.

The main statutes are found in the Code of Virginia. Planned communities are governed by the Virginia Property Owners' Association Act (Title 55.1, Chapter 18), and condominiums are governed by the Virginia Condominium Act (Title 55.1, Chapter 19). Incorporated associations also follow the Virginia Nonstock Corporation Act (Title 13.1) for board and member governance. These laws address disclosure packets for buyers, assessments and liens, meetings and records, and how rules are adopted and enforced.

Virginia also has a dedicated regulatory framework. The Common Interest Community Board, part of the Department of Professional and Occupational Regulation (DPOR), licenses community association managers and receives annual association filings, and the Office of the Common Interest Community Ombudsman helps owners understand their rights and review adverse decisions. Federal laws such as the Fair Housing Act, the FCC OTARD rule on satellite dishes and antennas, and the Fair Debt Collection Practices Act also apply, along with local ordinances.

Official and third-party sources: Code of Virginia and General Assembly (law.lis.virginia.gov and virginiageneralassembly.gov); Common Interest Community Board and Ombudsman at DPOR (dpor.virginia.gov); HOA-USA Virginia summary (hoa-usa.com/state-laws/virginia).

This overview is general information, not legal advice; consult a Virginia attorney or your association's counsel about how these laws apply to your community.

Assessments and liens: Virginia community associations fund shared expenses through assessments authorized by the declaration and bylaws. When assessments go unpaid, the Property Owners' Association Act and the Condominium Act allow the association to record a memorandum of lien against the lot or unit and to pursue collection, subject to specific notice requirements and time limits. Associations must follow the statute and their documents when charging late fees, interest and reasonable collection costs, and owners are entitled to a clear accounting of what they owe.

Disclosure packets and resales: A distinctive feature of Virginia law is the required association disclosure packet (for HOAs) or resale certificate (for condominiums) that must be provided to a buyer before a sale closes. These documents disclose assessments, rules, budgets, reserves and pending matters, and the seller and association must deliver them within the timeframes set by statute.

Meetings, records, elections and owner rights: The acts require open meetings, advance notice, and access to association books and records, and they set standards for adopting and enforcing rules and imposing charges for violations. Owners who believe an association acted improperly may raise concerns and, in many cases, file a notice of adverse decision with the Common Interest Community Ombudsman at DPOR. Federal laws such as the Fair Housing Act, the FCC OTARD rule on antennas and satellite dishes, and the Fair Debt Collection Practices Act also apply. Your specific rights and procedures depend on your recorded declaration and bylaws read together with state law.