Understanding Virginia HOA laws: What to know

What are Virginia HOA laws?

Virginia HOA laws refer to the rules and statutes that govern how homeowners associations (HOAs) operate within the state. These laws are primarily set forth in the Virginia Property Owners' Association Act (POAA), which applies to most common interest communities where homeowners share responsibility for common areas.

The POAA establishes requirements related to formation, governance, disclosures, reserve fund planning, financial management, member rights, and dispute resolution. It applies to communities with recorded declarations of covenants or restrictions and provides a structured framework for both the board and homeowners to follow.

Virginia HOA laws also intersect with broader federal legislation like the Fair Housing Act and other state-specific regulations related to resale disclosures, energy policy protections, and more.

This article is not intended to and does not constitute legal advice or create an attorney-client relationship. Board members should consult their association’s attorney to discuss the legal implications of their decisions or actions prior to proceeding.
 

Homeowner rights

Virginia HOA laws give homeowners specific rights related to participation, access to information, and use of shared resources. These rights aim to support transparency and accountability in community governance.

Homeowners may have the right to:

• Inspect certain association records, including meeting minutes and financial statements, within five business days’ written notice for professionally managed HOAs and ten business days’ written notice for self-managed HOAs.
   
• Receive a resale disclosure packet when buying a property within an HOA, which includes governing documents, fees, and other essential information.
   
• Vote in board elections and on issues requiring community approval, such as amendments to governing documents.
   
• Participate in association meetings and serve on committees or the board itself.

These rights are described in the POAA and are intended to facilitate an informed and engaged membership. However, homeowners are encouraged to review their community's declaration and bylaws for more specific details.
 

Meeting rules

Virginia HOA laws establish guidelines for how association meetings are conducted, including board meetings and annual or special meetings of the membership.

Board meetings must be open to all members, except in specific cases where closed executive sessions are allowed (e.g., personnel matters or legal advice). Members must be notified in advance of upcoming meetings, typically via posted notices or email. Agendas may be required prior to the meeting, depending on the governing documents.

Meetings can now be held virtually, and voting can be done electronically, provided that procedures are in place and compliant with Virginia law. This flexibility may help increase participation, especially in large communities or among residents who may be traveling.

Recording meetings may be allowed, but the board can implement reasonable policies governing how recordings take place to minimize disruptions. These guidelines reflect updates to the law aimed at modernizing operations and supporting member rights under Virginia HOA laws.
 

Financial obligations and assessments

Virginia HOA laws generally authorize associations to collect regular assessments and special assessments to cover common expenses. The board of directors is responsible for preparing and approving an annual budget, which outlines expected income and expenditures.

While there are no hard limits in state law on how much assessments can increase, the community's declaration may impose restrictions. Boards must follow procedures for budget approval and notify members accordingly. If special assessments are required, additional approval steps may be necessary depending on the governing documents.

Unpaid assessments may become a lien on a property, enforceable through legal channels outlined in the POAA. However, boards are encouraged to communicate openly with residents and explore resolution options when payment issues arise.

Reserve funds are also an important part of financial planning under Virginia HOA laws. The POAA now requires the budget to disclose the current estimated replacement cost, estimated remaining life, and estimated useful life of each capital component, as well as the amount currently held in reserves, and the expected contribution to the reserve fund for that year. The board must conduct a reserve study at least once every five years and review it annually when preparing each budget.
 

Architectural and exterior modifications

Homeowners in Virginia HOA communities typically must seek board approval before making exterior modifications to their property. This includes projects such as fences, patios, new paint colors, or home additions.

Most associations have an Architectural Review Committee (ARC) or similar body to review modification requests. Virginia HOA laws allow the association to adopt reasonable design guidelines, and decisions must be based on those guidelines and the governing documents. Denials must be issued in writing and include the reason for the decision. Additionally, homeowners can request reconsideration or appeal if their modification is denied.

Under Va. Code § 55.1-1820.1, an association generally cannot prohibit a solar-energy collection device on a detached single-family home unless the declaration itself bans it, but the board may impose reasonable restrictions on size, placement, and appearance. Boards and homeowners should consult qualified legal counsel before relying on or challenging such provisions.
 

Recordkeeping and disclosures

Virginia HOA laws require associations to maintain proper records and make certain documents available to members upon request. These documents may include financial reports, governing documents, meeting minutes, and contracts. Each year, associations must also produce a financial statement and make it available to homeowners. Many communities provide this in an annual report or as part of their budget package.

Sellers in an association governed by the POAA are generally required to provide buyers with a resale certificate, as outlined in the Resale Disclosure Act. The resale certificate may include information such as:

• A copy of the association’s current governing documents
   
• A statement of the current and pending assessments owed by the seller
   
• The association’s approved budget or summary of financial condition, including reserve fund information
   
• A summary of the association’s insurance policies, including property and liability coverage
   
• Recent meeting minutes from board or membership meetings
   
• A statement of any pending lawsuits or judgments involving the association
   
• Restrictions on the use of the property, including architectural guidelines and rules
   
• A notice of any violation of association rules currently attributed to the seller’s lot

The association must deliver the resale certificate within 14 days of a written request from the seller or the seller’s agent. Accurate disclosures can help prospective buyers make informed decisions and avoid surprises after purchase. Boards and owners should consult with their attorney when gathering disclosure documents to support compliance.
 

Compliance and rule enforcement

Virginia HOA laws give associations the authority to enforce community rules, provided those rules are lawful, consistent with the governing documents, and enforced in a fair and reasonable manner in accordance with due process requirements. Enforcement actions may include issuing warnings, requesting corrections, and levying reasonable fines for violations.

The association must follow due process before imposing penalties. This may include:

1. Issuing written notice of the violation
    
2. Providing the homeowner an opportunity to respond or request a hearing
    
3. Applying any fines or restrictions only after proper notice and procedure

The goal is to address concerns constructively and maintain community standards without arbitrary enforcement. HOA boards are encouraged to work with community managers and legal advisors to apply rules consistently and within the bounds of Virginia HOA laws.

If your board needs guidance interpreting Virginia HOA laws or implementing effective processes, FirstService Residential can help. Our property management experts provide professional support to simplify compliance, improve transparency, and enhance the life of each resident.

Contact us today to learn how we can support your association.