Virginia Condominium Act: What your condo association should know

What is the Virginia Condominium Act?

The Virginia Condominium Act is a section of the Virginia Code that regulates the creation, governance, and management of many condominium associations (COAs) throughout the Commonwealth. Codified as Title 55.1, Chapter 19 of the Virginia Code, the Act covers everything from initial development to ongoing board responsibilities and unit owner rights. The law was designed to provide consistency across condo communities and to clarify the rights and obligations of unit owners, developers, and governing boards.

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.
 

Who does the Virginia Condominium Act apply to?

The Virginia Condominium Act generally applies to condominium associations located in Virginia that have been formally established under the Act. This may include new developments, converted properties, and existing communities that were legally recorded as condominiums. Older condominium associations formed prior to the Act may be governed under earlier versions or may have opted into the current Act.

If your association was formed under this legislation, the Act likely governs your community's legal responsibilities, owner rights, dispute resolution processes, and financial requirements. Even if your community's bylaws were drafted independently, they must comply with the broader framework laid out in the Act.
 

Key provisions condo boards should know

The Virginia Condominium Act outlines several core responsibilities for condo associations:

• Governance requirements: The Act generally requires associations to maintain bylaws that specify how the board is elected, how often meetings are held, and how decisions are made. Boards are typically required to conduct open meetings and give reasonable notice to unit owners.
   
• Budgeting and reserves: Condo associations are generally required to adopt an annual budget and make it available to unit owners. These budgets generally reflect operating costs and incorporate the findings of a reserve study. Typically, associations must conduct a reserve study at least once every five years to determine the necessity and amount of reserves required to repair, replace, and restore capital components. The board should review the results of that study at least annually to determine if reserves are sufficient and make any necessary adjustments to the annual budget.
   
• Owner rights: Unit owners are typically entitled to inspect certain association records, including budgets, financial reports, meeting minutes, and governing documents. The Act outlines procedures for record requests and how associations should respond.
   
• Rulemaking authority: The board typically has the authority to adopt reasonable rules and regulations for the community. However, those rules must not contradict the Act or the recorded declaration and bylaws.

How the Virginia Condominium Act protects unit owners

The Virginia Condominium Act was created to balance the responsibilities of condo boards with the rights of individual unit owners. The Act generally provides unit owners with the right to:

• Vote in association elections
   
• Receive financial disclosures
   
• Access meeting minutes
   
• Participate in budget reviews
   
• Review rules and contest violations under a fair and consistent enforcement process

These protections can help support an environment where residents are active participants in their community and are well-informed about how their association is managed.
 

Disclosures during the sale of a condo unit

The Act typically requires sellers to provide buyers with a resale certificate containing specific disclosures about the unit and the condominium association. This may include the current budget, rules and regulations, insurance coverage, and any pending litigation or unpaid assessments (if applicable). Typically, the association or its agent must deliver the certificate within 14 days of a written request under the Resale Disclosure Act.

The purpose of this requirement is to provide buyers with a clear understanding of their rights, obligations, and the community they are joining. It can be an important step in protecting both the seller and the buyer during a transaction.
 

Maintenance responsibilities: Who does what?

The Virginia Condominium Act typically separates maintenance responsibilities between unit owners and the association. In general, unit owners are responsible for the interior of their units, while the association maintains common elements such as hallways, roofs, and shared mechanical systems.

The declaration (recorded document that legally creates the condominium) defines which components are considered "common elements." These designations are essential when determining who is responsible for repairs or replacements.
 

Rule enforcement: Fair and reasonable processes

Under the Virginia Condominium Act, associations may have the authority to enforce rules to promote safety, order, and appearance standards within the community. However, enforcement must follow due process, which typically includes providing written notice of the violation to the unit owner and giving the owner an opportunity to be heard and correct the issue. The board may be permitted to impose a fine or penalty, depending on their governing documents and applicable laws.
 

Assessment collection and delinquencies

Condo associations rely on timely assessments to fund operations and maintain the property. The Act gives many associations the authority to collect assessments, charge late fees, and recover costs associated with non-payment. The Act also generally allows associations to file liens against a unit when assessments are significantly past due. That said, the process must follow clearly defined steps. Boards should work closely with legal counsel and their property management partner to follow proper procedures.
 

Amending governing documents

While bylaws and declarations are binding, they are not set in stone. The Virginia Condominium Act provides a framework for how associations can amend their governing documents. These changes typically require a formal vote of the membership, often with a supermajority threshold.
 

The role of property managers

Professional property management companies like FirstService Residential can help support associations in meeting the requirements of the Virginia Condominium Act. From budgeting and maintenance planning to rule enforcement and document preparation, property managers serve as trusted partners to the board.

Our teams are well-versed in the Act's obligations and can help streamline day-to-day operations while maintaining compliance. We can also provide digital tools and resources that make it easier for board members to manage responsibilities and keep residents informed. Contact our team today to learn how we can support your community.