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 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.
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.
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:
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.
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.
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:
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.
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:
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:
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.
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.
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.