Virginia HOA Laws | Homeowner Association Rules

Homeowners associations should know about the many Virginia HOA laws that affect them. In doing so, they can avoid the risk of legal trouble.

Virginia Common Interest Communities

Virginia Common Interest Communities sets up the Common Interest Community Board and Ombudsman. You can find it under Title 54.1, Chapter 23.3 of the Code of Virginia. It consists of two articles, each one containing sections of their own.

Article 1. Common Interest Community Board

Article 2. Common Interest Community Management Information Fund; Common Interest Community Ombudsman; Common Interest Community Management Recovery Fund

Virginia Common Interest Community Ombudsman Regulations

Virginia Common Interest Community Ombudsman Regulations tackles complaints from members and non-members of an association. Under this regulation, associations must set rules for accepting and evaluating complaints.

You can find this regulation under Title 18, Chapter 70 of the Code of Virginia. It consists of four parts, each one broken down further into sections.

Part I. General

Part II. Association Complaint Procedure

Part III. Final Adverse Decision

Part IV. Office of the Common Interest Community Ombudsman

Purpose, responsibilities, and limitations

Virginia Common Interest Community Management Information Fund Regulations

Virginia Common Interest Community Management Information Fund Regulations govern the powers and duties of the Common Interest Community Board. It covers annual reports by associations, condominiums, cooperatives, and property owners.

You can find these regulations under Title 18, Chapter 60 of the Code of Virginia. It consists of the following sections:

Virginia Property Owners Association Act

The Virginia Property Owners Association Act went into effect on October 1, 2019. This Act regulates the formation and operation of associations established from 1959 onwards.

You can find this Act under Title 55.1, Chapter 18 of the Code of Virginia. It has three articles, each one with its own set of sections.

Article 1 – General Provisions

Article 2 – Disclosure Requirements; Authorized Fees

Article 3 – Operation and Management of Association

Virginia Condominium Act

The Virginia Condominium Act regulates all condominiums and horizontal property regimes formed after July 1, 1974. You can find this Act under Title 55.1, Chapter 19 of the Code of Virginia. It consists of five articles, each one broken down further into sections.

Article 1 – General Provisions

Article 2 – Creation, Alteration, and Termination of Condominiums

Article 3 – Management of Condominium

Article 4 – Administration of Chapter; Sale, Etc., of Condominium Units

Article 5 – Disclosure Requirements; Authorized Fees

Virginia Condominium Regulations

This chapter regulates the powers and duties of the Common Interest Community Board under the Virginia Condominium Act. You can find this under Title 18, Chapter 30 of the Code of Virginia, consisting of the following parts:

General – Sections 10 through 60
Marketing – Sections 70 through 80
Application for Registration – Sections 90 through 150
Public Offering Statement – Sections 160 through 390
Conversion Condominiums – Sections 400 through 450
Post-Registration Provisions – Sections 460 through 640
Board Authority and Standards of Conduct – Sections 650 through 690

Virginia Horizontal Property Act

The Virginia Horizontal Property Act regulates all condominium associations and projects created prior to July 1, 1974. You can find it under Title 55.1, Chapter 20 of the Code of Virginia. It contains four articles, each one broken down further into sections.

Article 1 – General Provisions

Article 2 – Creation and Alteration of Horizontal Property Regimes

Article 3 – Management of Horizontal Property Regimes

Article 4 – Protection of Purchasers

Deposits to be held in escrow

Virginia Real Estate Cooperative Act

The Virginia Real Estate Cooperative Act regulates cooperative ownership in the state. You can find it under Title 55.1, Chapter 21 of the Code of Virginia. It consists of five parts, namely:

General Provisions – Sections 2100 through 2111
Creation, Alteration, and Termination of Cooperatives – Sections 2112 through 2131
Management of Cooperatives – Sections 2132 through 2152
Protection of Cooperative Purchasers – Sections 2153 through 2172
Administration and Registration of Cooperatives – Sections 2173 through 2184

Virginia HOA Laws on Corporate Governance

The Virginia Nonstock Corporation Act governs nonstock corporations in relation to corporate structure, management, and procedure. In Virginia, most condominium and homeowners associations are formed as nonstock corporations. Therefore, the Virginia Nonstock Corporation Act applies to them as well.

You can find this Act under Title 13.1, Chapter 10 of the Code of Virginia. It consists of the following parts:

General Provisions – Sections 801 through 814.1
Fees – Sections 815 through 817
Formation of Corporations – Sections 818 through 824
Purposes and Powers – Sections 825 through 828
Name – Sections 829 through 832
Office and Agent – Sections 833 through 836
Members and Meetings – Sections 837 through 852
Member or Director Agreements – Sections 852.1 through 852.2
Directors and Officers – Sections 853 through 874
Indemnification – Sections 875 through 883
Amendment of Articles of Incorporation and Bylaws – Sections 884 through 893
Merger – Sections 893.1 through 898
Domestication – Sections 898.2 through 898.7
Sale of Assets – Sections 899 through 901
Dissolution – Sections 902 through 918
Foreign Corporations – Sections 919 through 931.1
Records and Reports – Sections 932 through 936.2
Transition Provisions – Sections 937 through 941
Conversion to a Stock Corporation – Sections 941.01 through 944
Conversion to a Limited Liability Company – Sections 944.1 through 944.7
Miscellaneous Provisions – Sections 945 through 946

Virginia HOA Laws on Solar Energy Devices

The HOA laws of Virginia also extend to solar energy devices. According to Title 67, Chapter 7 of the Code of Virginia, community associations may not prevent an owner from installing a solar energy collector on their property unless the association’s recorded declaration includes such a provision. Associations can, however, impose reasonable restrictions relating to the size, placement, and location of solar devices such as solar panels.

Virginia HOA Laws on Fair Debt Collection

The Virginia Debt Collection Act is similar to the federal Fair Debt Collection Practices Act. This Act offers state-level protections to consumers and regulates debt collection practices. Under this Act, debt collectors may not use misleading, abusive, or unfair tactics when attempting to collect a debt.

Homeowners who experience unfair, abusive, or misleading debt collection practices may sue the debt collector in state or federal court. They can also submit a complaint to the Federal Trade Commission, the Consumer Financial Protection Bureau, or the Virginia Attorney General’s Office.

Fair Housing

The Virginia Fair Housing Law prohibits housing discrimination based on color, race, national origin, familial status, religion, sex, elderliness, or handicap. It works similarly to the federal Fair Housing Act.

Housing discrimination victims may file a private lawsuit in the federal district court within 2 years of the discriminatory offense. They may also submit a complaint to the U.S. Department of Housing and Urban Development or the Virginia Department of Professional and Occupational Regulation within a year of the act.

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