Virginia HOA regulations: A 2025 guide

This article is for general informational purposes only and does not constitute legal advice. Laws and regulations frequently change and may be subject to local variations. Boards should consult qualified legal counsel and work closely with their property management partner before creating, modifying, or enforcing any rules or penalties.
 

What are Virginia HOA regulations?

Virginia homeowners association (HOA) regulations are state laws and administrative rules that govern how associations operate, collect dues, hold meetings, address disputes, and more. Not all communities in Virginia are subject to the same statutes, but many HOAs operate under legislation like the Virginia Property Owners’ Association Act or the Virginia Condominium Act. These laws establish how associations organize, the scope of their authority and responsibilities, and the rights that homeowners have. Consult your association attorney and property management company to determine whether your HOA is subject to these statutes.
 

Understanding your HOA’s governing documents

In Virginia, HOAs are typically required to provide clear governing documents, including Covenants, Conditions, and Restrictions (CC&Rs), bylaws, and rules and regulations. These documents define what homeowners can and cannot do within the community.

• Articles of Incorporation

  Many homeowner associations are organized as nonprofit corporations. Their Articles of Incorporation provide the legal backbone for that entity, including its official name, purpose, and general corporate powers. Filed with the state, these articles establish the association’s existence as a legal corporation that can enter contracts, levy assessments, and carry out other business-related tasks.
   

• Covenants, Conditions & Restrictions (CC&Rs)

  CC&Rs are the foundational legal documents that establish an association’s authority and define what homeowners can and cannot do with their properties. For example, CC&Rs might dictate architectural standards like approved paint colors or fence heights and explain how common areas are shared. Because they’re recorded with the county, these covenants become part of the property’s deed and bind all current and future owners.
   

• Bylaws

  Bylaws focus on how the association itself is run, rather than a homeowner’s individual lot or unit. They outline the structure of the board of directors, election procedures, terms of office, and how meetings are conducted. Think of bylaws as the operating manual for an HOA’s internal governance, helping you make decisions fairly and systematically.
   

• Rules and regulations

  An association’s rules and regulations address day-to-day concerns like parking guidelines, amenity usage, or pet policies. These are often the most frequently updated documents. They’re more detailed and more easily revised than CC&Rs, which typically require a formal vote to amend. Rules and regulations also help clarify gray areas and keep the community consistent with evolving standards or legislative changes.
  
  These governing documents typically grant HOA boards the authority to adopt rules, enforce policies, and manage community upkeep. However, all regulations must comply with Virginia laws, which set limits on fees, assessments, and dispute resolution procedures. Homeowners also have specific rights, such as the ability to review association records, request meetings, and challenge decisions through proper channels.

Examples of Virginia HOA regulations

HOA regulations vary from one community to another, but some common areas of oversight include:

• Pet policies: Some communities have specific guidelines about the number of pets, leash requirements, and pet waste cleanup responsibilities.
   
• Amenity use: If a community has shared amenities such as pools, clubhouses, or fitness centers, rules typically govern their use, including guest policies and operating hours.
   
• Short-term rentals: Some associations regulate or restrict short-term rentals, such as Airbnb, depending on local ordinances and governing documents.
   
• Architectural guidelines: Homeowners may be required to follow specific rules for exterior modifications, including house colors, fence styles, and landscaping choices. Many HOAs require pre-approval before making changes.
   
• Property maintenance standards: Regulations often dictate how properties should be maintained, including lawn care, exterior repairs, and trash disposal.
   
• Parking rules: Associations may regulate where residents and guests can park, whether street parking is allowed, and whether commercial or recreational vehicles can be stored in driveways.
   
• Noise restrictions: Some HOAs establish quiet hours to limit disturbances from loud music, parties, or construction work during certain times of the day.

Before making or amending any HOA rules, board members should consult their association attorney and property management partner to confirm compliance with Virginia laws and governing documents.
 

Benefits of HOA rules

Property values are often better protected in communities with well-enforced HOA rules. By maintaining architectural consistency, landscaping standards, and overall curb appeal, HOAs help prevent property deterioration that could negatively affect home prices. Well-kept neighborhoods are more attractive to potential buyers, making homes easier to sell.

Common areas such as parks, pools, and sidewalks require ongoing maintenance to remain safe and usable for residents. HOA regulations outline maintenance responsibilities and help fund community improvements through association dues. This structured approach allows for consistent upkeep of shared spaces, which benefits all residents.

Clearly communicating rules can also help prevent disputes between neighbors. When everyone follows the same guidelines, there is less ambiguity about issues such as noise levels, parking spaces, and property boundaries. If conflicts arise, the HOA provides a framework for resolving concerns in a structured manner.

HOAs also provide a collective voice for residents. Through meetings and voting opportunities, homeowners can participate in decision-making processes that affect their community. This involvement allows residents to influence rule updates, budgets, and long-term planning.
 

What happens if you don’t follow Virginia HOA regulations?

Homeowners who do not comply with HOA rules may receive warnings, fines, or other penalties, depending on the Virginia association’s governing documents. Most HOAs follow a structured approach when handling violations, beginning with a courtesy notice to inform the homeowner of the issue.

1. Written warnings: Boards will typically issue official notices if a homeowner breaks a rule. These letters typically specify which regulation was violated, how to resolve the issue, and a deadline to take corrective action.
    
2. Opportunity for a hearing: Before an HOA imposes fines, homeowners typically have the right to request a hearing to contest the violation. This process must comply with the HOA’s governing documents and state law.
    
3. Penalties: If the homeowner does not successfully contest the issue, and the violation is not corrected before the deadline, the association may impose fines as permitted by its governing documents and Virginia law.
    
4. Loss of privileges: In some developments, a resident who doesn’t comply might be barred from using amenities. For instance, pool privileges could be suspended until outstanding fines are settled.
    
5. Legal consequences: If unpaid dues or violations escalate, HOAs may have the power to pursue liens or legal action subject to requirements under Virginia law and the association’s governing documents.

For homeowners seeking guidance on HOA regulations, a professional property management company like FirstService Residential can assist with compliance, community governance, and resident communication. To learn more about how FirstService Residential supports Virginia communities, contact us today.