Unenforceable HOA rules in Virginia: A complete guide

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.
 

What are unenforceable HOA rules?

Unenforceable HOA rules in Virginia are community restrictions in a homeowners association (HOA) that cannot be upheld under local, state, or federal law, or conflict with the association’s own governing documents. These rules may violate homeowner rights, exceed an HOA’s authority under the Virginia Property Owners’ Association Act (VPOAA), or fail to follow proper procedures for rule adoption. A few key examples may include:

• Discriminatory restrictions: Rules that discriminate against homeowners based on race, religion, sex, disability, familial status, or other protected categories could violate the federal Fair Housing Act and the Virginia Fair Housing Law. Any rule that appears to exclude or disadvantage a protected group may be subject to legal challenge.
   
• Rules limiting U.S. flag displays: Under the Freedom to Display the American Flag Act of 2005, HOAs are generally not permitted to prohibit homeowners from displaying the U.S. flag on their property. Associations may be able to regulate the manner, size, or placement of flags for safety or aesthetic reasons, but an outright ban is generally not allowed.
   
• Restrictions that conflict with Virginia law: If a rule contradicts provisions of the VPOAA or other relevant statutes, it may be deemed unenforceable. For instance, Virginia law provides specific requirements for notice and procedure when adopting or amending rules. Any rule enacted outside these procedures may not be enforceable.
   
• Improperly enacted HOA rules: When adopting or amending HOA rules, boards must follow the procedures outlined in their governing documents and Virginia laws. This may include giving notice to members, holding a comment period, and voting according to the association’s bylaws. Failing to follow these steps could leave a rule open to legal challenge.

Examples of HOA rules that may be enforceable in Virginia

Not all HOA rules are problematic. In fact, most associations in Virginia create rules that are both valid and beneficial to community upkeep. Enforceable HOA rules in Virginia are generally those that align with governing documents, follow legal procedures, and comply with federal and state laws. Potential examples include:

• Certain parking restrictions on private roads maintained by the HOA
   
• Quiet hours during the night, depending on local ordinances
   
• Some guidelines for trash container placement and collection times
   
• Certain restrictions on exterior paint colors when backed by architectural standards
   
• Some limits on short-term rentals, when supported by governing documents and local ordinances
   
• Requiring advance approval for certain structural changes to a property
   
• Mandatory compliance with certain safety inspections for items like balconies or fire alarms

Understanding homeowner rights

Homeowners may have the right to challenge unenforceable HOA rules in Virginia through formal internal procedures provided by their association. Every HOA should have a process for hearings, appeals, or rule amendment proposals.

When a homeowner believes a rule is unenforceable, the first step is typically to review the association's governing documents. It may also be helpful to submit a written inquiry or request clarification from the board or property management company. In some cases, these issues may be addressed at an open HOA meeting.

Often, open communication can resolve concerns without conflict. In many HOAs, boards are volunteer-led, and miscommunications or outdated rules can sometimes arise despite best intentions. FirstService Residential helps streamline communication through 24/7 customer care for residents in the communities we serve. We also offer a proprietary property management software, FirstService Residential Connect™, enabling instant communication between board members, homeowners, and our property management team.
 

How the Virginia Property Owners’ Association Act affects rule enforcement

The VPOAA is a cornerstone of HOA governance in the state. It outlines requirements for rule adoption, member rights, and board responsibilities.

According to the VPOAA, an HOA must provide proper notice and opportunity for member input before adopting new rules. It also mandates that rules must be reasonable and uniformly enforced. If an HOA fails to follow these procedures, even a well-intentioned rule could be subject to challenge. For example, if a new regulation is adopted without the required member notice or input, it may not be valid under the VPOAA. Understanding this law is essential to identifying unenforceable HOA rules in Virginia.
 

Can HOAs in Virginia amend or remove unenforceable rules?

Yes, HOAs in Virginia can and should remove or revise unenforceable rules. Most governing documents provide a framework for updating rules through board votes, member input, and documented resolutions. When an unenforceable rule is identified, boards are encouraged to review it with qualified legal counsel and their professional property management team.
 

The importance of consistent rule enforcement

Even a well-written rule that aligns with governing documents and state law can become unenforceable if it’s not applied consistently. In Virginia, HOAs are generally expected to enforce rules uniformly across all residents. If a board allows some homeowners to bypass certain rules while enforcing them strictly for others, it could weaken the association’s ability to uphold the rule altogether.

Consistency doesn’t have to mean inflexibility — it means having clear documentation, a transparent process, and a track record of treating similar situations the same way. Partnering with a property management company can help boards track and respond to violations in a timely, documented manner. This can help protect the board’s credibility and support the continued enforceability of valid rules when needed. When homeowners know that rules are applied consistently, it can potentially improve compliance and reduce disputes, making day-to-day management more straightforward for everyone involved.
 

How property management companies can help Virginia HOAs create enforceable rules

Professional property management companies can play an important role in helping boards avoid creating unenforceable HOA rules in Virginia. By staying up to date on regulatory changes and maintaining relationships with a network of trusted attorneys, a professional property management company like FirstService Residential can help Virginia HOA boards enforce reasonable, legally sound rules to protect their community.

For support in evaluating HOA rules or managing community governance in Virginia, contact FirstService Residential today.