Question:
What law governs the establishment of an HOA (currently assuming each states has separate laws)
What are the “requirements” for establishing an HOA, in particular in reference to the number of homes or number of years needed?
– Sanquinetta
Answer:
Hi Sanquinetta,
In Virginia, there are a few that can apply:
1. Virginia Property Owners’ Association Act – governs the creation and operation of associations subject to a declaration recorded after January 1, 1959.
2. Virginia Condominium Act – governs the creation and operation of all condominiums and all horizontal property regimes or condominium projects established after July 1, 1974.
3. Virginia Horizontal Property Act – governs condominium projects established before July 1, 1974.
Homeowners associations can generally be created even when development hasn’t started. There is also no requirement in the number of homes.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
