I recently joined the Board of Directors for my local POA and am working on updating our restrictive covenants. There seems to be much confusion as to what laws we are subject to and what options and limitations we have to enforce our covenants with punitive actions. Is there a certain date by which POAs had to have been established by to require compliance with HOA/POA laws in VA? Is there any law that says POAs cannot fine repeat covenant violators? Thank you so much for your assistance!
The Virginia Property Owners Association Act applies to associations subject to a declaration recorded after January 1, 1959. Section 55.1-1819(B)(ii) gives the board of directors the power to “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” provided it is expressed in the declaration. You can find more information on Virginia HOA laws here.
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