In Virginia, certain planned communities may be governed by a homeowners association (HOA). Their powers and responsibilities vary based on the property type and governing documents.
Who Regulates HOAs in Virginia?
In Virginia, an HOA is regulated by the Virginia Property Owners Association Act found at Title 55.1 Chapter 18 of the Virginia Code. This Act applies to all common interest communities (condominiums, cooperatives, and other planned communities) created in Virginia.
Otherwise, governing documents regulate an HOA. Although every HOA is different, the governing documents typically include: Articles of Incorporation, Bylaws, Declaration of Covenants, Conditions and Restrictions, and other rules and regulations.
HOAs in Virginia may also be subject to applicable federal laws such as:
HOAs may also be subject to certain state laws such as:
How to Find HOA Regulations in Virginia
HOA governing documents are public record in Virginia. An HOA must record its governing documents with the county land records to be enforceable. To obtain these documents visit the local county clerk’s office.
In some instances, a person can obtain these records online by using the Virginia State Corporation Commission Clerk’s Information System. They can also access an HOA’s public business information, registered agent information, and board members.
HOA Powers in Virginia
In Virginia, an HOA has the power to:
- Collect assessments for common expenses
- Regulate common areas
- Collect charges to maintain and operate the common areas
- Collect charges for late payments of assessments
- Suspend a member’s rights to use facilities or services
- Levy reasonable fines
- Foreclose on homes for unpaid liens
Additionally, HOA governing documents can grant further powers such as restrictions on home ownership, exterior paint colors, fencing and parking requirements.
Can an HOA Impose Fines on a Homeowner in Virginia?
In Virginia, an HOA can impose fines on a homeowner for violating its rules. The HOA must give the homeowner notice and an opportunity to correct the violation. Charges or fees may not exceed $50 for a single offense or $10 per day, for up to 90 days, for any continuous offense.
If fees or assessments go unpaid for 60 or more days, an HOA may suspend a member’s right to use facilities or services. These can including utility services, provided directly through the association if the suspension does not endanger the health, safety, or property of any owner, tenant, or occupant.
An HOA cannot fine a homeowner for (or generally prohibit) any of the following:
- Displaying the American flag so long as the flag is displayed in a manner consistent with federal flag display law
- Installing solar energy panels
- Installing satellite dishes and antennas
- Installing electric vehicle charging stations
An HOA’s governing documents may include reasonable rules and regulations regarding the placement and manner of display of the American Flag, solar panels, satellite dishes and antennas, and electric vehicle charging stations.
Can an HOA Take a Homeowner’s House in Virginia?
An HOA can foreclose on a homeowner’s house in Virginia for unpaid liens. However, an HOA cannot foreclose without first mailing a notice of delinquency to the homeowner and giving the homeowner a chance to pay the outstanding debts.
After giving notice, the HOA must provide the delinquent homeowner with at least 60 days to pay the debt. The HOA may sell the property if the homeowner does not pay the debt within 60 days. A homeowner may prevent a sale by paying the debt plus all expenses the HOA incurred during the foreclosure process.
An HOA cannot evict a homeowner or a tenant of a homeowner unless expressly authorized in the governing documents. The HOA also does not have the power to force a homeowner to evict their tenant. However, the HOA may have other powers or restrictions about rental properties in its governing documents.
Can an HOA Enter a Homeowner’s Property in Virginia?
In Virginia there is no provision in the law that allows an HOA to enter a homeowner’s property. However, most governing documents contain a provision allowing an HOA to enter the homeowner’s house as reasonably necessary to maintain the units, common elements, or shared utilities.
Units are solely used by the property owners, but have certain spaces that require maintenance by the HOA, such as balconies. Common elements are the shared spaces in and around a house that are collectively owned by the HOA, such as a pool. Shared utilities may include water or sewage that are provided directly through the HOA.
Except in the case of an emergency, the HOA must generally give prior notice before entering the homeowner’s property. Typically, an HOA will give 1-2 weeks’ notice, but notice requirements are determined by the governing documents.
Where Do Homeowners File Complaints Against Their HOA in Virginia?
The venue for filing a Complaint against an HOA in Virginia depends on the complaint.
For complaints concerning HOA fees, a homeowner can file a complaint with the Attorney General’s Office, the Federal Trade Commission, or the Consumer Financial Protection Bureau. Under the Fair Debt Collection Practices Act, homeowners may also file in state or federal court within one year of the violation date.
If a homeowner feels they are a victim of housing discrimination, they can file a complaint with the Virginia Fair Housing Office, the U.S. Department of Housing and Urban Development, or file a private lawsuit in Virginia eastern or western district of federal court, as well as state court.
For general complaints, a homeowner can seek assistance or file a complaint online at the Office of the Common Interest Community Ombudsman. A homeowner can also bring a claim in state court in the appropriate county.
Joining and Leaving an HOA in Virginia
In Virginia, if a person purchases a home in a neighborhood with a preexisting HOA, they are required to join and abide by the HOA rules. At closing, the homeowner’s realtor should present them with documents explaining the HOA and its rules.
If a person bought a house in a neighborhood with an HOA, they cannot simply leave or opt-out of the HOA. To leave an HOA, the homeowner can sell their house or try to petition the HOA to have their home removed from the association, but there is no guaranteed right that the petition will be granted.
How to Dissolve an HOA in Virginia
The governing documents may contain the process for dissolution of an HOA. If it is not, the board members of the HOA must propose dissolution to the members of the HOA.
After a proposal, appropriate notice must be provided to the members of the HOA. Unless otherwise specified by the governing documents, more than two-thirds of all the voters must approve the dissolution.
If approved, the agreeing members will sign a termination agreement, settle any debts, dispose of assets belonging to the HOA, and file the necessary documentation with the Virginia State Corporate Commission to complete the dissolution.
Sources
- 1 Va. Code § 55.1-1805
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Except as expressly authorized in this chapter, in the declaration, or otherwise provided by law, no association shall (i) make an assessment or impose a charge against a lot or a lot owner unless the charge is a fee for services provided or related to use of the common area or (ii) charge a fee related to the provisions set out in § 55.1-1810 or 55.1-1811 that is not expressly authorized in those sections.
Source Link - 2 Va. Code § 55.1-1819
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B. The board of directors shall also have the power, to the extent the declaration or rules and regulations duly adopted pursuant to such declaration expressly so provide, to (i) suspend a member’s right to use facilities or services, including utility services, provided directly through the association for nonpayment of assessments that are more than 60 days past due, to the extent that access to the lot through the common areas is not precluded and provided that such suspension shall not endanger the health, safety, or property of any owner, tenant, or occupant, and (ii) assess charges against any member for any violation of the declaration or rules and regulations for which the member or his family members, tenants, guests, or other invitees are responsible.
Source Link - 3 Va. Code § 55.1-1833
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I. At any time after perfecting the lien pursuant to this section, the property owners’ association may sell the lot at public sale, subject to prior liens. For purposes of this section, the association shall have the power both to sell and convey the lot and shall be deemed the lot owner’s statutory agent for the purpose of transferring title to the lot. A nonjudicial foreclosure sale shall be conducted in compliance with the following: 1. The association shall give notice to the lot owner prior to advertisement required by subdivision 4. The notice shall specify (i) the debt secured by the perfected lien; (ii) the action required to satisfy the debt secured by the perfected lien; (iii) the date, not less than 60 days from the date the notice is given to the lot owner, by which the debt secured by the lien must be satisfied; and (iv) that failure to satisfy the debt secured by the lien on or before the date specified in the notice may result in the sale of the lot. The notice shall further inform the lot owner of the right to bring a court action in the circuit court of the county or city where the lot is located to assert the nonexistence of a debt or any other defense of the lot owner to the sale.
Source Link - 4 Va. Code § 55.1-1819
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D. The amount of any charges so assessed shall not be limited to the expense or damage to the association caused by the violation, but shall not exceed $50 for a single offense or $10 per day for any offense of a continuing nature, and shall be treated as an assessment against the member’s lot for the purposes of § 55.1-1833. However, the total charges for any offense of a continuing nature shall not be assessed for a period exceeding 90 days.
Source Link - 5 4 U.S.C. § 5.
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A condominium association, cooperative association, or residential real estate management association may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent a member of the association from displaying the flag of the United States on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use.
Source Link - 6 Va. Code § 55.1-1820.1
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B. No association shall prohibit an owner from installing a solar energy collection device on that owner’s property unless the recorded declaration for the association establishes such a prohibition. However, an association may establish reasonable restrictions concerning the size, place, and manner of placement of such solar energy collection devices on property designated and intended for individual ownership and use…. D. The association may prohibit or restrict the installation of solar energy collection devices on the common elements or common area within the real estate development served by the association. An association may establish reasonable restrictions as to the number, size, place, and manner of placement or installation of any solar energy collection device installed on the common elements or common area.
Source Link - 7 Over-the-Air Reception Devices Rule
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Enforceable placement preferences must be clearly articulated in writing and made available to all residents of the community in question. A requirement that an antenna be located where reception or transmission would be impossible or substantially degraded is prohibited by the rule… A valid enforceable placement preference should not contain prohibited provisions such as prior approval or require professional installation… when an antenna is professionally installed, the installer often determines the location of the antenna at the time of installation based upon the type of antenna installed and the ability of the antenna to receive an acceptable quality signal.
Source Link - 8 Va. Code § 55.1-1823.1
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A. Except to the extent that the declaration or other recorded governing document provides otherwise, no association shall prohibit any lot owner from installing an electric vehicle charging station for the lot owner’s personal use on property owned by the lot owner. An association may establish reasonable restrictions concerning the number, size, place, and manner of placement or installation of such electric vehicle charging station on the exterior of property owned by the lot owner.
Source Link - 9 Va. Code § 55.1-1809
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A. Within 14 days after receipt of a written request and instructions by a seller or the seller’s authorized agent, the association, the association’s managing agent, or any third party preparing an association disclosure packet on behalf of the association shall deliver an association disclosure packet as directed in the written request. The information contained in the association disclosure packet shall be current as of a date specified on the association disclosure packet… 3. A statement, including the amount of all assessments and any other mandatory fees or charges currently imposed by the association, together with any post-closing fee charged by the common interest community manager, if any, and associated with the purchase, disposition, and maintenance of the lot and to the right of use of common areas, and the status of the account; 4. A statement of whether there is any other entity or facility to which the lot owner may be liable for fees or other charge…
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