Access to Minutes and Bylaws in Virginia

Hi Kendall,

According to the Virginia Property Owners’ Association Act Section 55.1-1815(B)(C), meeting minutes shall be made available to the association members as long as it is:

1. For a proper purpose

2. The right is exercised during reasonable hours and at a reasonable location

3. The association member has given the association 5 business days (for HOAs with an HOA manager) or 10 business days (for self-managed HOAs)

4. The association member has reasonably identified the purpose for the request and which books/records were requested

5. The records being asked for do not contain sensitive information as provided in Section 55.1-1815(C)

6. The minutes being requested are not part of an executive session

If these conditions were not met, then you may not have the right to hold the association accountable.

For HOA governing documents like the amended bylaws, if the HOA is incorporated as a nonstock corporation, according to the Virginia Nonstock Corporation Act Section 13.1-933(B), you must give the board 5 business days for them to give you a copy of the bylaws, as shown below:

“A. Subject to subsection C of § 13.1-934, a member of a corporation is entitled to inspect and copy, during regular business hours at the corporation’s principal office, any of the records of the corporation described in subsection E of § 13.1-932 if he gives the corporation written notice of his demand at least five business days before the date on which he wishes to inspect and copy.”

If the board refuses to provide its records, you may have the right to have a court-ordered inspection done according to Virginia Nonstock Corporation Act Section 13.1-935(A), as shown below:

“A. If a corporation does not allow a member who complies with subsection A of § 13.1-933 to inspect and copy any records required by that subsection to be available for inspection, the circuit court in the city or county where the corporation’s principal office is located, or, if none in this Commonwealth, where its registered office is located, may summarily order inspection and copying of the records demanded at the corporation’s expense upon application of the member.”

Alternatively, you may visit the county recorder’s office website where the association is located. The updated bylaws may be there.

We recommend making sure your HOA management company and HOA board are aware of these laws.