Virginia HOA Laws

Most states have laws that govern homeowners associations and condominium associations. Virginia is one of them. A few Virginia HOA laws can affect the operations and management of an HOA or condo association, though. And it is part of the association board’s job to familiarize themselves with these laws to ensure compliance and protection from liability.

The Importance of Understanding Virginia HOA Laws

Homeowners associations are private organizations, but that does not mean they are free from legal compliance. In fact, several laws in Virginia apply to these types of communities.

Every HOA is headed by a group of directors known as the HOA board. Board members assume their roles through elections or appointments. The HOA board is responsible for running the association, including duties such as collecting dues, enforcing the rules, and maintaining the common areas.

It is equally important for a board to understand the various HOA laws in Virginia that apply to their communities. Failing to understand these laws can result in several consequences. An association that does not comply with the law may face monetary penalties. Homeowners may even initiate lawsuits against an HOA that does not follow state laws.

Virginia Property Owners Association Act

The Virginia Property Owners Association Act is one of many Virginia homeowners association laws. This Act, found under Title 55.1, Chapter 18, governs the formation and operation of associations subject to a declaration recorded after January 1, 1959. The Act covers many topics, including association charges, access to association records, amendments to the declaration and bylaws, and liens.

Noteworthy Provisions

Some specific Virginia HOA laws under the Property Owners Association Act are worth discussing. To avoid enacting unenforceable HOA rules in Virginia, reading through these one by one is important.

Section 55.1-1815 tackles access to association records, association meetings, and notices. This section requires associations to make books and records reasonably accessible to homeowners for examination and copying. It lists specific records that fall under the section and some records that are exempted from the rule.
Section 55.1-1820 tackles the freedom to display the U.S. flag, which is similar to the federal Freedom to Display the American Flag Act of 2005. This section prevents associations from prohibiting the display of the American flag on private property, though associations may establish reasonable restrictions.
Section 55.1-1820.1 talks about the installation of solar energy collection devices. This section effectively prevents associations from prohibiting the installation of a solar energy collection device on private property unless the recorded declaration establishes this prohibition. An HOA, though, may create reasonable restrictions about the size, location, and manner of placement of such devices.
Section 55.1-1823.1 permits the installation of electric vehicle charging stations on private property in accordance with the declaration. An HOA may reasonably restrict the number, size, location, and manner of placement. Additionally, an HOA may prohibit EV charging stations in common areas.

Virginia Condominium Act

The Virginia Condominium Act oversees the formation and operation of condominiums and horizontal property regimes that were created after July 1, 1974. This Act is under Title 55.1, Chapter 19 of the Code of Virginia. This Act covers various topics, including the creation of condominiums, assignments of limited common elements, access to association records, meetings, insurance, and liability.

Virginia Horizontal Property Act

The Virginia Horizontal Property Act governs condominium projects that were created before July 1, 1974. This Act is under Title 55.1, Chapter 20 of the Code of Virginia. It covers topics such as joint or common ownership, books and records, and liens or encumbrances.

Virginia Condominium Regulations

The Virginia Condominium Regulations apply to the Common Interest Community Board. These regulations oversee the CICB’s exercise of powers and performance of duties according to the Virginia Condominium Act regarding condominium registrations.

Virginia Nonstock Corporation Act

The Virginia Nonstock Corporation Act applies to nonstock corporations in Virginia. More often than not, the state’s HOAs and condominiums are incorporated as nonstock corporations. Therefore, this Act governs associations regarding corporate structure and procedure. You will find this Act under Title 13.1, Chapter 10 of the Code of Virginia.

Virginia Debt Collection Act

The Virginia Debt Collection Act regulates debt collection practices in Virginia. It is similar to the federal Fair Debt Collection Practices Act (FDCPA), but this one works at the state level.

According to this Act, debt collectors may not utilize unfair, abusive, or deceptive practices when trying to collect a debt. The FDCPA recognizes HOA fees as debts and homeowners as protected consumers. However, the HOA does not typically fall under the description of a debt collector. This usually applies to HOAs that hire a third party to collect debts on their behalf.

Virginia Fair Housing Law

The Virginia Fair Housing Law offers protection from housing discrimination. This Act prohibits housing discrimination based on race, color, national origin, sex, religion, familial status, elderliness, or handicap. It is similar to the federal Fair Housing Act, but this one also works at the state level.

HOA Regulatory Bodies in Virginia

Common Interest Community Board. This board regulates community managers and certain employees of licensed management companies. Associations in Virginia must file reports with this board on an annual basis.
Office of the Common Interest Community Ombudsman. This agency offers information and assistance concerning the rights and processes available to residents of common interest communities in the state.
Virginia Fair Housing Office. This office enforces the fair housing laws in Virginia. Victims of housing discrimination may file a complaint with this office.

The Bottom Line

As you can see, there are several Virginia HOA laws that both homeowners and HOA board members must know about. These laws govern the management and operations of associations. Failure to comply with these laws can result in penalties and liability. When in doubt, it is always best to seek help from a lawyer or community manager.

Cedar Management Group offers legal assistance, which includes compliance with Virginia HOA laws. Call us today at (877) 252-3327 or contact us online to learn more about our services!

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