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Virginia HOA & condo law, in plain English

Virginia has a separate law for each kind of shared home. HOAs follow the Property Owners' Association Act (Code 55.1-1800 onward), condos follow the Condominium Act (55.1-1900 onward) and co-ops follow the Real Estate Cooperative Act (55.1-2100 onward). Many HOA and condo rules are twins, but some differ in ways that matter, so start by working out which one you're in.

On this page: Does this apply to you? · Violation letters and charges · Buying or selling · Board meetings and records · Reserve studies and budgets · Registration and managers · Dues, liens and foreclosure · Complaints and the Ombudsman · HOA or condo at a glance · Who to ask · What changes next

Does this apply to you?

Find your declaration (it may be called covenants or deed restrictions) in the land records at the circuit court clerk's office. If it creates a condominium, the Condominium Act is yours. If it creates lots with an association, the Property Owners' Association Act (the POA Act) is yours. Virginia's laws call an HOA a "property owners' association" and a fine a "charge".

Your homeMain lawWorth knowing
House, townhome or lot with a mandatory associationPOA Act, 55.1-1800 to 55.1-1837Declarations first recorded after 1 January 1959 (55.1-1801 A). The Act doesn't affect the validity of a prior declaration's provisions, but applies where the declaration is silent (55.1-1801 C). Incorporated or not (55.1-1800). No small-community exemption was found.
Condo, of any ageCondominium Act, 55.1-1900 to 55.1-1990All condominiums, including horizontal property regimes from before 1 July 1974 (55.1-1901 A). Residential condos of three or fewer units with no expansion rights skip the resale contract and delivery rules (55.1-1972 A).
Townhome set up legally as a condoCondominium ActThe declaration decides, not the building style.
Housing co-opReal Estate Cooperative Act, 55.1-2100 to 55.1-2184Co-ops created after 1 July 1982; listed sections reach older ones (55.1-2101). Fines work differently (see below).
A home under more than one declarationEach association's own ActA resale certificate is needed from each, and the buyer's cancel period runs from the last one delivered (55.1-2312 E; 55.1-2315).
Check this one: older developments. On our reading, a development whose declaration was first recorded on or before 1 January 1959 is outside the POA Act unless it opted in. Ask the association's attorney.

Got a violation letter or a charge?

No charge unless your documents expressly allow it

An association may charge for a violation, or suspend services, only "to the extent the declaration or rules and regulations duly adopted pursuant to such declaration expressly so provide" (55.1-1819 B). The condo wording is "to the extent the condominium instruments or the condominium's rules and regulations expressly provide" (55.1-1959 B). Charges can cover violations by your family, tenants, guests or invitees (same sections).

Check this one. Whether a board-made rule alone is enough depends on whether your declaration lets the board make rules. Ask the board which clause it relies on.

The steps before any charge

  • A chance to fix it. After written notice, you must get "a reasonable opportunity to correct the alleged violation" before any action (55.1-1819 C; 55.1-1959 C). No number of days is set.
  • A hearing. If it "remains uncorrected", you may be heard, and "represented by counsel", before the board or the tribunal your documents name (same sections).
  • 14 days' notice of the hearing, stating the actions that may be taken, by hand delivery or registered or certified mail, return receipt requested (same sections).
  • The result within seven days, delivered the same way (same sections).
The 14 days are for the hearing, not the first letter. On our reading, an email-only hearing notice doesn't meet the Code, because the electronic notice section leaves out notices tied to enforcement actions (55.1-1832 H). Check this one with a Virginia-licensed attorney.

The caps: $50 once, $10 a day, 90 days

Charges "shall not exceed $50 for a single offense or $10 per day for any offense of a continuing nature", and continuing charges can't be assessed "for a period exceeding 90 days" (55.1-1819 D; 55.1-1959 D). Unpaid charges are treated as an assessment, so they can back a lien (same sections; see Dues, liens and foreclosure).

Check this one: $900. On our reading, one continuing offense can run up at most $900 (90 days at $10). The statute doesn't say when one offense ends and a new one begins, so ask a Virginia-licensed attorney before relying on it.
Co-ops are different. Fines "not to exceed $50 for each instance", after notice and an opportunity to be heard (55.1-2133 A 11). No $10 a day rule, 90-day limit or 14-day hearing notice in that section.

If it goes to court

  • The meter stops. Once a suit is filed, by either side, no further charges accrue. If the association wins, it may collect charges from the filing date plus earlier ones (55.1-1819 F; 55.1-1959 F).
  • Default judgment. In general district court, it may be entered on the association's sworn affidavit (HOA 55.1-1819 G; condo 55.1-1959 F).
  • Attorney fees (HOAs). The prevailing party recovers them in an enforcement suit (55.1-1819 A) and in a suit under 55.1-1828, which owners may bring (55.1-1828 A).

Rules, flags and solar

The board may adopt rules by resolution, and a majority of votes cast at a special meeting of members may repeal or amend one (55.1-1819 A; 55.1-1959 A). Separate HOA sections cover US flags (55.1-1820), solar (55.1-1820.1), home businesses (55.1-1821), for sale signs (55.1-1822), EV charging (55.1-1823.1) and smoking limits (55.1-1819.1). Read each for its conditions.

Letters for this: a violation you've corrected, asking for the rule and the authority to charge, preparing for the hearing, a hearing notice that didn't follow the Code, charges over the caps, asking for the hearing decision, a records request, and a written complaint.

Buying or selling: 14 days and three days

The Resale Disclosure Act (55.1-2307 to 55.1-2317) covers HOAs, condos and co-ops alike. "Days" means calendar days (55.1-2307).

  • The contract must disclose the buyer's rights to cancel and to ask for an update, and that the rights to receive the certificate and to cancel are "waived conclusively if not exercised before settlement" (55.1-2308).
  • No waiver. The seller's duty "shall not be waived or changed by agreement" (55.1-2309 A).
  • 14 days. The association delivers "within 14 days after a written request by a seller or seller's agent", printed or electronic as the seller asks. If it doesn't, the certificate is "deemed unavailable" (55.1-2309 B, C).

Three days to cancel, unless your contract says otherwise

  • Certificate before ratification: the contract's period or, if none, "three days from the date of ratification" (55.1-2312 A).
  • Certificate after ratification: the contract's period or, if none, "three days from receipt" of the certificate or of notice that it's unavailable (55.1-2312 B).
  • Never delivered: cancel "at any time prior to settlement" (55.1-2312 C).
  • How: written notice to the seller as the contract says (55.1-2312 D). The buyer must prove delivery of the notice (55.1-2312), so keep proof. Cancellation is "without penalty" and the deposit is returned promptly (55.1-2312 F).
  • New condo from the developer: five calendar days from delivery of the current public offering statement or the contract date, whichever is later (55.1-1976).
Read your contract first. Three days is the default; a contract may set another period. If it's silent, count three calendar days. Check your dates with your agent or settlement agent.

What's in it, and updates

Thirty items (55.1-2310), including unpaid amounts, the budget, the current reserve study or a summary, violation notices on the unit, approved board minutes from the last six months, rental limits, and (since 1 July 2025) a statement that the documents "may make an owner responsible for payment of all or part of the deductible". The complaint procedure is attached (18VAC48-70-60 B). An updated certificate is due within 10 days if the original was issued more than 30 days but less than 12 months before settlement; a settlement agent's financial update is due within three business days (55.1-2311).

Fees

The seller pays preparation, delivery, inspection and expedite fees, and for a financial update; whoever asks for an updated certificate pays for it; the buyer can be charged a post-closing fee (55.1-2316 A, E). The CICB sets maximums, adjusted "no less than every five years" (55.1-2316 C).

Fee (CICB maximums, effective 12 January 2023)Maximum
Preparation and delivery: electronic / paper (up to two copies)$176.64 / $211.96
Inspection (only if the declaration authorizes it); additional inspection$141.31 each
Expedite (within five business days, if the preparer agrees)$70.66
Post-closing fee; pre-settlement update$70.66 each
Extra paper copy$35.33
Check this one. These come from DPOR's Common Interest Community Board maximum allowable fees bulletin ("Includes Fees Updated January 12, 2023, Amended July 1, 2023"), which gives the next adjustment as 2028. Check the current bulletin (in the Virginia links).
No registration, no fees. An association can't collect these fees unless it is registered with the CICB, current on its annual report, fee and any CICB assessment, and offers electronic delivery (55.1-2316 F).

If the certificate is wrong

  • Old debts. If the preparer didn't comply with 55.1-2310 or 55.1-2311, "the purchaser shall not be required to pay any delinquent assessments or remedy any violation" existing as of the certificate date (55.1-2314 A).
  • Old violations bind the buyer only if noted on the certificate, or if none was delivered (55.1-2314 A).

Letters for this: the seller's request, an updated certificate, a follow-up after 14 days, questions about a fee and about registration, the buyer's cancellation notice, correcting the certificate, and a new owner's reply about an old balance or violation.

Board meetings and records

RuleHOACondo
Notice of owners' meetings14 days annual or regular, 7 days other (55.1-1815 G)21 days annual or regular, 7 days other (55.1-1949 A)
Owners' quorumYour bylaws (no figure in the Act found)More than one-third; bylaws may set it higher, or lower but not below 10% (55.1-1952 A)

The POA Act and the Condo Act don't set how many owners it takes to call a special meeting: look in your bylaws.

Check this one. If your association is a nonstock corporation and neither its articles nor its bylaws say who may call a special meeting, the corporation law lets members with one-twentieth of the votes call one (13.1-839 A 2). Ask the association's attorney how this fits with your documents.

Board meetings are open

  • Open to all owners of record, and calling it a work session doesn't change that (55.1-1816 A; 55.1-1949 B). The HOA rule applies whether or not the association is incorporated (55.1-1816 E).
  • Notice is posted where most owners can see it, and mailed or emailed to you if you ask in writing each year. You can inspect the agenda packet when directors get it (55.1-1816 B; 55.1-1949 B).
  • Owner comment has a set period at each meeting (55.1-1816 D; 55.1-1949 D).
  • You may record any open part; the board may set equipment rules (55.1-1816 D; 55.1-1949 B).
  • No secret ballots in an open meeting, except to elect officers (same sections).
  • Electronic meetings only if the board has adopted guidelines (55.1-1832 F; 55.1-1935 F).
  • Draft minutes (HOAs) are open within 60 days, or with the next agenda package if sooner (55.1-1815 G).

Executive session is only for personnel, legal advice, contracts, pending or probable litigation, violations, and members' personal liability. The motion must "state specifically the purpose", and nothing decided there takes effect until voted on in open session (55.1-1816 C; 55.1-1949 C). In the year to 31 October 2025, meetings and executive sessions were the most common topic of notices to the state Ombudsman, with records next (RD938).

Records you can see

  • Who. A member in good standing, or an agent, "for a proper purpose related to his membership" (55.1-1815 B; 55.1-1945 B).
  • Notice. Five business days' written notice if a licensed manager runs the association, 10 if it's self-managed, naming the purpose and records (same sections).
  • Salaries. HOAs: the actual salary of the six highest-paid employees earning over $75,000, outside declarant control (55.1-1815 B). Condos: aggregate salary information (55.1-1945 B).
  • Withholding is limited to nine categories, such as personnel and medical records, pending or probable litigation, legal advice and executive session records, and only the covered part. The rest must be produced, redacted if needed (55.1-1815 C, D; 55.1-1945 C, D).
  • Copy charges can't exceed actual cost (55.1-1815 E; 55.1-1945 E).
Check this one. We found no deadline in either Act for producing records once the notice period ends, and "in good standing" isn't defined there. If you're behind on dues, read your bylaws first.

From 1 January 2027: the corporation law

Changes to the Nonstock Corporation Act (2026, cc. 393, 394) reach associations that are nonstock corporations (13.1-814.1 A). A member may ask for the latest annual financial statements and, with no response "within 30 days of delivery of such request to the corporation's secretary", seek an expedited court order (13.1-935.2). A circuit court may remove a director for fraudulent conduct, gross abuse of the position or intentional harm, where removal is in the corporation's best interest (13.1-861.1), and may decide disputed elections and votes (13.1-852.01). The declaration still controls over the bylaws on dues and membership (13.1-814.1 C, D).

Check this one. On our reading, an unincorporated association isn't covered: check yours on the State Corporation Commission's business entity search.

Letters for this: asking for notice of board meetings, notice that you'll record a meeting, records requests, asking for the financial statements, and for boards, a notice of hearing.

The five-year reserve study and budgets

  • HOAs: no opt-out in the section. "The board of directors shall" conduct a reserve study "at least once every five years", review it "at least annually to determine if reserves are sufficient", and adjust the budget and assessments as it deems necessary (55.1-1826 B). Unlike the condo rule, the section has no exception for the HOA's own documents.
  • Condos: unless the instruments say otherwise. The same duty applies "Except to the extent otherwise provided in the condominium instruments" (55.1-1965 B). Co-ops have a five-year study too (55.1-2147 B).
  • What it is. "a capital budget planning tool" covering the condition and repair or replacement cost of capital components, and the association's funding capacity (55.1-1800).
What the law doesn't say. The definition requires no professional preparer and no site visit, and we found no minimum funding level: the board has discretion to use reserves, additional assessments or borrowing (55.1-1826 D; 55.1-1965 D). Check this one for co-ops: the declaration may be able to vary the duty, so ask the association's attorney. For HOAs, the POA Act says it "shall not be construed to affect the validity of any provision of any prior declaration" (55.1-1801 C): if your declaration is older and says something about reserve studies, ask the association's attorney how the two fit.

The budget

Before each fiscal year the board makes the budget, or a summary, available to owners (55.1-1826 A; for condos, unless the instruments provide otherwise, 55.1-1965 A). If the study shows a need for reserves, the budget must show each capital component's costs and life, and the amount the study recommends next to the cash actually held (55.1-1826 C; 55.1-1965 C).

Special assessments

  • HOAs. The board may levy one if it finds it "in the best interests of the association", for upkeep of the common area (55.1-1825 A). The section has no owner vote and no percentage cap.
  • Condos. If regular assessments aren't enough, the board may levy one with written notice of the amount, reasons and due date; a lump sum is due "no earlier than 90 days after delivery or mailing of the notice" (55.1-1964 E).
The 60-day owner veto is gone. Some websites still describe HOA owners voting down a special assessment within 60 days. That right was removed from 1 July 2024 (55.1-1825 A). Your declaration might still require an owner vote: read it, and check this one with the association's attorney.

Letters for this: asking for the reserve study and the yearly reviews, and for boards, a notice of a condo special assessment.

Registration, the annual report and managers

  • Annual report. Every association files one with the CICB (HOA 55.1-1835; condo 55.1-1980; co-op 55.1-2182). An HOA registers within 30 days of recording its declaration, a condo within 30 days after declarant control ends, then yearly (18VAC48-60-15). Since 31 December 2025 the report must certify that the association "has adopted an association complaint procedure" (18VAC48-60-16).
  • Fees. From $45 to register and $30 to renew (1 to 50 lots or units) up to $180 and $170 (5,001 or more) (18VAC48-60-60).
  • Penalties. After notice and an opportunity to be heard, the CICB may fine a governing board up to $1,000 per violation (54.1-2351 H).
  • Managers need a CICB license (54.1-2346); unpaid board members and resident volunteers don't (54.1-2347).
  • Leaving a manager. An automatically renewing contract can be ended "at any time without cause" on at least 60 days' written notice, "without penalty" (55.1-1837; 55.1-1940.1). The manager must return funds and records "without additional cost to the association" (54.1-2353).
Check this one. The first annual report also pays a Recovery Fund assessment, and the regulation doesn't state the amount. Ask DPOR.

Letters for this: for boards, ending the management contract and acknowledging a complaint.

Behind on dues: late fees, liens and foreclosure

  • Late fees only after 60 days, and no more than "the penalty provided in § 58.1-3915" unless the documents say otherwise (55.1-1824; 55.1-1964 H). That section sets "a penalty thereon of five percent".
  • Suspending services needs express authority and assessments more than 60 days past due, and never cuts off access to the lot or endangers health, safety or property (55.1-1819 B; 55.1-1959 B).
Check this one: 5%. On our reading, that caps the late fee at 5% of the late amount. But 58.1-3915 starts "Except as otherwise provided by ordinance", and your documents can differ. Ask a Virginia-licensed attorney.
StepHOACondo
Notice before a lienCertified mail, at least 10 days before filing (55.1-1833 C)None in the section
Memorandum of lienWithin 12 months of the first unpaid assessment falling due (55.1-1833 B)Within 90 days of the first unpaid assessment falling due (55.1-1966 C)
Foreclosure thresholdOver $5,000, not counting attorney fees and costs (55.1-1833 I)Same (55.1-1966 I)
Start foreclosure within120 months of recording (55.1-1833 E)Same (55.1-1966 D)
Nonjudicial salePayment date at least 60 days out, then 14 days' notice of sale (55.1-1833 J)Same (55.1-1966 J)
PriorityBehind real estate taxes, liens recorded before the declaration, and mortgages recorded before the lien (55.1-1833 A)Behind first mortgages to institutional lenders recorded before the lien was perfected (55.1-1966 A)
Check this one. We found no "super lien" putting months of dues ahead of an earlier first mortgage.

Letters for this: charges over the caps, a records request, and a new owner's reply about an old balance.

Complaints and the Ombudsman: the $25 notice

Step 1: the association's own procedure

Every association must "establish reasonable procedures for the resolution of written complaints" (54.1-2354.4 A). Under 18VAC48-70-50 (amended 1 August 2025), the procedure must:

  • acknowledge each written complaint "within 14 days of receipt";
  • give you "at least 14 days" notice of when and where it will be considered;
  • deliver a written final decision "within seven days", dated, citing "specific common interest community laws or regulations", with the registration number;
  • state your right to file with the Ombudsman, and describe any appeal or say "no appeal process is available".

Step 2: the notice, 30 days and $25

  • What qualifies. A "final adverse decision", after "all avenues for internal appeal" are exhausted, on a matter "in conflict with applicable common interest community laws or regulations" (18VAC48-70-10).
  • Deadline. "within 30 days of the final adverse decision" (54.1-2354.4 B), counted from the date of the association's decision notice (18VAC48-70-90). DPOR's form says it must be received in time and can't be extended.
  • Fee. "accompanied by a $25 filing fee", which may be waived "for good cause shown" for undue financial hardship (54.1-2354.4 B). Ask with the notice (Form F491-CICNOTE).
  • What to send. Your complaint, the decision, the laws it may have violated, supporting documents and the complaint procedure (18VAC48-70-90), to DPOR, Office of the Common Interest Community Ombudsman, 9960 Mayland Drive, Suite 400, Richmond, VA 23233-1485.
Check this one. On our reading, a dispute only about your declaration or architectural guidelines, with no Virginia statute or regulation involved, is outside the process. And the 30 days aren't defined as business days: count calendar days and post early. Confirm with the Office on (804) 367-2941.

What it can and can't do

The Office explains rights and refers people to dispute resolution (54.1-2354.3 B). Where a decision may conflict with the law, the owner, board and manager are sent information about it, and the determination is "final and not subject to further review" (54.1-2354.4 C). DPOR says it can't "Offer legal advice or interpretation" or interpret governing documents, and a determination "is not a judicial verdict, court decree, Board order or official opinion". A second notice "for the same violation" within 365 days of a determination goes to the CICB (54.1-2354.4 C), which may fine the board up to $1,000 per violation (54.1-2351 H).

The Ombudsman cannot overturn your board. We found no statute letting the Office reverse a decision, order a refund or represent an owner. In the year to 31 October 2025 it received 87 notices, issued 46 determinations and referred none to the CICB for enforcement (RD938).

Other routes. HOA owners may sue under 55.1-1828 (55.1-1828 A), and condo bylaws may provide arbitration (55.1-1940).

Check this one: fees cut both ways. Losing a 55.1-1828 suit can mean paying the association's attorney fees. Talk to a Virginia-licensed attorney first.

Letters for this: asking for the complaint procedure, a written complaint, no acknowledgment after 14 days, an internal appeal, a records request, the cover letter to the Ombudsman, asking to waive the fee, and for boards, acknowledging a complaint and a final decision.

HOA or condo at a glance

RuleHOA (POA Act)Condo (Condo Act)
Owners' meeting notice14 days (55.1-1815 G)21 days (55.1-1949 A)
Five-year reserve studyRequired; the section has no exception for the documents (55.1-1826 B)Unless the instruments provide otherwise (55.1-1965 B)
Special assessmentBoard's "best interests" finding; no statutory owner vote (55.1-1825 A)Lump sum not due for 90 days (55.1-1964 E)
Records salariesTop six over $75,000 (55.1-1815 B)Aggregate only (55.1-1945 B)
Memorandum of lien12 months, after a 10-day certified notice (55.1-1833 B, C)90 days (55.1-1966 C)
ForeclosureOver $5,000; within 120 months (55.1-1833 E, I)Same (55.1-1966 D, I)
CICB annual reportFrom recording the declaration (55.1-1835)From the end of declarant control (55.1-1980)

Who to ask

  • Your board or manager, in writing, using the complaint procedure for complaints.
  • DPOR, Office of the Common Interest Community Ombudsman: (804) 367-2941; [email protected]. Information and notices of final adverse decision; no legal advice, and no power to overturn a board.
  • The Common Interest Community Board: registration, annual reports, resale fee maximums and manager licenses. It "may not intervene in the internal activities of an association" except to prevent or cure violations of the common interest community laws (54.1-2351 A).
  • The circuit court clerk for your city or county: recorded declarations, amendments and liens (55.1-1833 D).
  • The general district court: civil claims up to $4,500 on its own, and up to $50,000 alongside circuit court (16.1-77).
  • The State Corporation Commission: whether your association is a nonstock corporation.
  • Your settlement agent or buyer's agent: certificates, cancel notices and updates.
  • A Virginia-licensed attorney. The Virginia State Bar's Virginia Lawyer Referral Service: (800) 552-7977, or (804) 775-0808 in the Richmond area; a $35 non-refundable fee covers a consultation of up to 30 minutes.

What changes next

  • Since 1 July 2025. The manager handback rules (54.1-2353), the insurance deductible statement (55.1-2310) and the no-purchaser's-name rule (55.1-2309) are in force. No 2026 session law changed the POA, Condo, Co-op or Resale Acts.
  • 1 January 2027. The Nonstock Corporation Act changes take effect (see Board meetings and records).
  • 13 January 2027. The General Assembly convenes "on the second Wednesday in January" (Constitution of Virginia, art. IV, section 6), for a 30-day session that can be extended by up to 30 days.
  • 1 July 2027. The Uniform Consumer Debt Default Judgments Act (2026, c. 395; 8.01-465.26 onward) takes effect: before a default judgment on a "consumer debt", the complaint must give 12 listed details and proof of the debt.
Check this one. The 2027 debt law doesn't say whether association assessments are "consumer debt". Community association lawyers expect it to cover unpaid assessments collected by lawsuit.

Bills to watch. HB 621 (developer control disclosures and a resale certificate statement) and HB 1196 and SB 746 (condemnation of common area) were carried over to 2027. They are not law as of October 2026.

General information only, not legal advice. Current to October 2026. The official text of the Virginia statutes is linked below. Check it, and ask your association's attorney or a Virginia-licensed attorney about your own situation.
Free, ready to copy

Letters you can send

The letters from The Virginia HOA & Condo Handbook. Fill in the square brackets, keep a copy, and send them in a way that gives you proof of delivery.

From Ten Dollars a Day.

1. Notice that the violation is corrected

[Date]

The Board of [Association name], c/o [manager], [address]

Re: Notice dated [date], [property address]

Your notice dated [date] concerned [describe the violation] and asked me to correct it by [date].

I corrected it on [date]. Dated photos are attached.

Section [55.1-1819 C / 55.1-1959 C] of the Code of Virginia gives an owner a reasonable opportunity to correct an alleged violation before any charge or other action. I have used that opportunity within the time given.

Please confirm in writing that the matter is closed and that no charge will be assessed.

[Name, mailing address, telephone, email]

2. Please show the rule and the authority to charge

[Date]

The Board of [Association name], c/o [manager]

Re: Notice dated [date], [property address]

Your notice dated [date] says I have violated [rule or section cited]. Before I respond, please send me:

(1) the full text of that rule or declaration section, and the date any rule was adopted;

(2) the provision of the [declaration / condominium instruments], or of rules adopted under it, that expressly provides for charges, as section [55.1-1819 B / 55.1-1959 B] requires; and

(3) the schedule of charges in force on [date], with its adoption date.

[I also note that the item may be covered by Code section [number], and ask how the association reads that section.]

[Name, mailing address, telephone, email]

3. Preparing for the hearing

[Date]

The Board of [Association name], c/o [manager]

Re: Hearing on [date], [property address]

I received notice of a hearing on [date] about [describe the violation]. Under section [55.1-1819 C / 55.1-1959 C], I intend to be heard [and to be represented by counsel, [name]].

Please send me, before the hearing, the photos, inspection notes and complaints the association relies on, and tell me who will hear the matter.

[I ask that [director's name] not take part, because [reason].]

Please also confirm that if the matter is decided in executive session, the decision will be voted on in open session, as section [55.1-1816 C / 55.1-1949 C] requires before it takes effect.

[Name, mailing address, telephone, email]

4. The hearing notice did not follow the Code

[Date]

The Board of [Association name], c/o [manager]

Re: Hearing notice for [date], [property address]

I received notice of a hearing set for [date]. The notice [came by email only / came by regular mail / reached me on [date], [number] days before the hearing / did not say what actions may be taken].

Section [55.1-1819 C / 55.1-1959 C] requires notice at least 14 days before the hearing, including the actions that may be taken, by hand delivery or by registered or certified mail, return receipt requested.

Please reset the hearing and send a notice that meets that section. Until then, please confirm that no charge will be assessed.

[Name, mailing address, telephone, email]

5. Charges over the caps

[Date]

The Board of [Association name], c/o [manager]

Re: Charges on account for [property address]

My account shows charges of $[total] for [describe the violation]: [describe, for example $[amount] a day from [date] to [date]].

Section [55.1-1819 D / 55.1-1959 D] limits a charge to $50 for a single offense or $10 a day for an offense of a continuing nature, and provides that charges for a continuing offense may not be assessed for a period exceeding 90 days.

[The daily amount is over $10. / Daily charges were assessed for more than 90 days. / The violation was corrected on [date], and charges continued after that.]

Please correct the account and send me a revised statement.

[Name, mailing address, telephone, email]

6. Please send the hearing decision

[Date]

The Board of [Association name], c/o [manager]

Re: Hearing held on [date], [property address]

A hearing was held on [date] about [describe the violation]. I have not received a written decision. [My account now shows [describe charges].]

Section [55.1-1819 C / 55.1-1959 C] requires the result of the hearing to be delivered by hand or by registered or certified mail, return receipt requested, within seven days after the hearing.

Please deliver the decision as that section requires, and hold any charge on my account until I have it.

[Name, mailing address, telephone, email]

7. Records request

[Date]

[Association name], c/o [manager], [address]

Re: Request to examine and copy records

I own [property address] and am a member of the association. Under section [55.1-1815 B / 55.1-1945 B], I ask to examine and copy these records:

[Describe each one, for example: architectural applications and approvals for my lot; inspection reports and photos of my lot from [date] to [date]; minutes of any meeting at which a charge on my lot was decided; the schedule of charges in force on [date].]

My purpose is [for example, to prepare for a violation hearing on [date]].

Please send me the board's schedule of copy charges, as section [55.1-1815 E / 55.1-1945 E] provides.

[Name, mailing address, telephone, email]

8. A written complaint under the association's procedure

[Date]

The Board of [Association name], c/o [manager]

Re: Association complaint, [property address]

I make this written complaint under the association's complaint procedure, which section 54.1-2354.4 A of the Code and 18VAC48-70-50 require.

On [date], the association [describe the action, inaction or decision]. I believe this conflicts with Code section [number], because [reason].

The cure I seek is [describe].

Please acknowledge this complaint in writing, tell me when and where it will be considered, and send me a copy of the complaint procedure.

[Name, mailing address, telephone, email]

From Three Days.

1. Seller's request for a resale certificate

[Date]

[Association name], c/o [manager or board officer], [address or email]

Re: Resale certificate, [property address]

I am the owner of [property address] [or: I am the agent of the owner, [owner's name]]. Under Code of Virginia 55.1-2309, I request a resale certificate for this property.

Please deliver it [in electronic format / printed] to [name and email or address]. I understand it is due within 14 days after this written request, and that the fees may not exceed the maximums set under 55.1-2316. Please confirm the fee and how it should be paid.

[Name, role, telephone, email]

2. Request for an updated certificate

[Date]

[Association name], c/o [manager or board officer]

Re: Updated resale certificate, [property address]

I am the [seller / contract purchaser] of [property address]. The resale certificate for this property was issued on [date]. Settlement is set for [date], which is more than 30 days but less than 12 months after that date.

Under Code of Virginia 55.1-2311, I request an updated resale certificate. I understand it is due within 10 days after this written request, and that I am responsible for the fee as the requester under 55.1-2316 A. Please send it to [name and email].

[Name, telephone, email]

3. Follow-up after 14 days

[Date]

[Association name], c/o [manager or board officer]

Re: Resale certificate, [property address]

On [date], you received a written request for a resale certificate for [property address]. A copy is enclosed. Under Code of Virginia 55.1-2309, the certificate was due within 14 days after that request, which was [date]. It has not been delivered.

Please deliver the certificate by [date], or tell me in writing when it will be delivered. The sale is set to close on [date].

[Name, role, telephone, email]

4. Question about a resale fee

[Date]

[Association name], c/o [manager or board officer]

Re: Resale certificate fees, [property address]

You have quoted the following fees for the resale certificate for [property address]: [list each fee and amount].

Under Code of Virginia 55.1-2316 C, fees may not exceed the maximums set by the Common Interest Community Board. [The [name of fee] appears to exceed the current maximum of [amount].] [An inspection fee is allowed only if the declaration authorizes it; please identify the provision.] [An expedite fee applies only where expedited delivery was requested and agreed; none was requested.]

Please confirm each fee, with the basis for it.

[Name, role, telephone, email]

5. Question about registration and fees

[Date]

[Association name], c/o [manager or board officer]

Re: Registration status and resale fees, [property address]

You have charged [amount] for the resale certificate for [property address]. Under Code of Virginia 55.1-2316 F, an association may not collect these fees unless it is registered with the Common Interest Community Board, current on its annual report and fee, current on any Board assessment, and offers electronic delivery.

The certificate [does not show / shows a past date for] the annual report filing. Please confirm the association's registration number and that it met each of these conditions on [date the fee was charged].

[Name, role, telephone, email]

6. Buyer's notice of cancellation

[Date and time]

To: [seller's name], c/o [seller's agent, as the contract provides]

Re: Contract for [property address], ratified [date]

I am the purchaser under the contract for [property address], ratified on [date]. I received the resale certificate [or: notice that the resale certificate is unavailable] on [date] [or: I have not received a resale certificate].

Under Code of Virginia 55.1-2312 [A / B / C] [and the contract's cancel period], I cancel the contract. Under that section, cancellation is without penalty, and I ask that my deposit be returned promptly.

Please confirm receipt of this notice.

[Purchaser's name, signature, telephone, email]

7. Buyer's request to correct the certificate

[Date]

[Association name], c/o [manager or board officer], with a copy to [seller's agent]

Re: Resale certificate dated [date], [property address]

I am the contract purchaser of [property address]. The resale certificate dated [date] [does not include / appears to misstate] the following item required by Code of Virginia 55.1-2310: [describe the item, for example the reserve study or summary, the last six months of approved board minutes, or the insurance deductible statement].

Please provide the missing item or a corrected certificate. My cancel period ends on [date].

[Name, telephone, email]

8. New owner's reply about an old balance or violation

[Date]

[Association name], c/o [manager or board officer]

Re: Your letter of [date], [property address]

I bought [property address] on [settlement date]. Your letter asks me to [pay [amount] for assessments owed before my purchase / remedy [describe violation]].

The resale certificate dated [date] [showed no unpaid amount / did not note this violation]. A copy is enclosed. Under Code of Virginia 55.1-2314 A, a purchaser is not required to pay delinquent assessments or remedy violations existing as of the certificate date where the certificate did not comply with 55.1-2310, and where a certificate was delivered, a previous owner's violation may be enforced against a purchaser only if it was noted on it.

Please confirm in writing that you will not pursue this against me.

[Name, telephone, email]

From The Five-Year Study.

1. Owner to board: request for the reserve study and review

[Date]

Board of [association name], c/o [manager or secretary]

Re: Request to examine records, Code of Virginia 55.1-1815 B [condo: 55.1-1945 B]

I own [address] and am a member in good standing. For the proper purpose of understanding the association's reserves before the budget is adopted, I ask to examine and copy:

[the most recent reserve study; the board minutes recording each annual review of reserves since that study; the reserve account statements for (period)].

I understand the notice period is five business days if the association is managed by a licensed manager and ten if it is self-managed. Please send me the board's schedule of copy charges.

[Name, address, telephone, email]

2. Owner to board: notice of intent to record a meeting

[Date]

Board of [association name], c/o [secretary or manager]

Re: Recording the board meeting of [date], 55.1-1816 D [condo: 55.1-1949 B]

I own [address]. I intend to record the open portions of the board meeting on [date] using [audio recorder / phone / video camera].

I am giving this notice as the board's rules require. Please tell me of any rule on where equipment may be placed.

I understand I may not record any executive session.

[Name, address, telephone, email]

3. Owner to board: request for notice of board meetings

[Date]

Board of [association name], c/o [secretary or manager]

Re: Annual request for notice of board meetings, 55.1-1816 B [condo: 55.1-1949 B]

I own [address]. For the next 12 months, please send me notice of every board meeting, including special and emergency meetings, by [first-class mail to (address) / email to (email)].

I also ask to inspect the agenda packet for each meeting when it is given to directors. Please tell me where and how it will be available.

[Name, address, telephone, email]

4. Owner to secretary: request for financial statements

[Date]

[Secretary's name], Secretary, [association name], [address]

Re: Request for annual financial statements, Code of Virginia 13.1-935.2

I am a member of [association name], a Virginia nonstock corporation. I ask the corporation to furnish me with its latest annual financial statements.

I understand that if the corporation does not respond within 30 days of delivery of this request to the secretary, the law allows a member to apply to the circuit court for an expedited order.

Please send the statements to [address or email].

[Name, address, telephone, email]

5. Board to owners: notice of a condo special assessment

[Date]

To all unit owners of [condominium name]

Re: Special assessment, Code of Virginia 55.1-1964 E

At its open meeting on [date], the executive board levied a special assessment of $[total amount], because the regular assessments are insufficient to pay for [project].

Reasons: [short explanation, with reference to the reserve study and quotes].

Your share is $[amount], based on [your unit's share]. It is due on [date], which is at least 90 days after this notice. [You may instead pay in (number) installments of $(amount) due on (dates).]

The reserve study, the quotes and the minutes are available on request.

[Name], on behalf of the Executive Board

6. Board to manager: ending the management contract

[Date] By [certified mail / hand delivery]

[Management company], [address]

Re: Notice of termination, 55.1-1837 [condo: 55.1-1940.1]; 54.1-2353

The board has voted to end the management contract dated [date], which renews automatically. This is at least 60 days' written notice. The contract ends on [date], without penalty.

Please release the association's funds, close the accounts and return all records within a reasonable time and without additional cost, as 54.1-2353 requires. This includes [bank details, ledgers, owner files, minutes, contracts, insurance, logins and keys].

Please arrange the handover with [name, contact details].

[Name], on behalf of the Board

7. Board to owner: notice of hearing

[Date] By [hand delivery / certified or registered mail, return receipt requested]

[Owner], [address]

Re: Hearing on an alleged violation, 55.1-1819 C [condo: 55.1-1959 C]

On [date] we wrote about [violation] and gave you an opportunity to correct it. Our records show it remains uncorrected.

You are invited to a hearing before [the board] on [date, at least 14 days from this notice] at [time and place]. You may be heard and may be represented by counsel.

Actions that may be taken: [for example, a charge of up to $50, or up to $10 a day for a continuing violation for no more than 90 days, under (declaration or rule)].

The result will be sent to you within seven days after the hearing.

[Name], on behalf of the Board

8. Board to owner: final decision on a complaint

[Date]

[Owner], [address]

Re: Final decision on your complaint dated [date], 18VAC48-70-50

The board considered your complaint at its meeting on [date]. Its decision is: [decision and reasons].

Laws and regulations considered: [specific Code of Virginia sections or regulations].

Association registration number: [number]. Managing agent: [name, license number, or none].

[No appeal process is available and this decision is final. / You may appeal by (method) within (period).]

You may have the right to file a notice of final adverse decision with the Office of the Common Interest Community Ombudsman at DPOR, within 30 days of the date of this notice, with a $25 filing fee.

[Name], on behalf of the Board

From The $25 Notice.

1. Request for the complaint procedure

[Date]

The Board of [Association name], c/o [manager or secretary], [address or email]

Re: Association complaint procedure, [property address or unit]

I own [property address or unit]. Under 18VAC48-70-60, the association's complaint procedure must be available on request. Please send me a copy of the current written procedure and the sample complaint form required by 18VAC48-70-50.

Please also tell me the name of the person to whom complaints should be delivered, and how.

[Name, mailing address, telephone, email]

2. Written complaint to the association

[Date]

[The person named in the procedure], [Association name], [address or email]

Re: Written complaint under the association's complaint procedure, [property address or unit]

I make this written complaint under the association's complaint procedure and section 54.1-2354.4 A of the Code of Virginia.

What happened: On [date], [the association / the board / the managing agent] [describe the action, inaction or decision].

The law: I believe this conflicts with [section, for example 55.1-1816 C], which [one sentence on what the section requires].

The cure I seek: [state exactly what you ask the association to do].

Enclosed: [list documents].

Please acknowledge this complaint in writing within 14 days of receipt, as 18VAC48-70-50 requires, and tell me when and where it will be considered.

[Name, mailing address, telephone, email]

3. No acknowledgment after 14 days

[Date]

The Board of [Association name], c/o [manager or secretary]

Re: My written complaint received on [date], [property address or unit]

The association received my written complaint on [date]. Under 18VAC48-70-50, the association's procedure must acknowledge each complaint in writing within 14 days of receipt, and give at least 14 days' notice of when and where it will be considered. I have received [no acknowledgment / no notice of when and where it will be considered].

Please send the written acknowledgment and the date, time and place at which my complaint will be considered. A copy of my complaint and proof of delivery are enclosed.

[Name, mailing address, telephone, email]

4. Internal appeal, or confirmation the decision is final

[Date]

The Board of [Association name], c/o [manager or secretary]

Re: Decision dated [date] on my complaint of [date], [property address or unit]

I received the association's decision dated [date].

[Option A: I appeal this decision under the association's procedure, within the deadline it states. The cure I seek is unchanged: [restate it].]

[Option B: The decision does not say whether an internal appeal is available. Under 18VAC48-70-50, the procedure must describe any appeal and its deadlines, or state that no appeal process is available and the decision is final. Please confirm in writing which applies.]

[Name, mailing address, telephone, email]

5. Records request

[Date]

[Association name], c/o [manager or secretary]

Re: Request to examine and copy records, [property address or unit]

Under section [55.1-1815 B (HOA) / 55.1-1945 B (condo)], I give notice that I wish to examine and copy the following records: [for example, the approved minutes of board meetings held on [dates]; the notices of those meetings; the management contract].

My purpose, related to my membership, is [state it, for example: to understand a decision on which I have made a complaint].

If any record is withheld, please name the category in section [55.1-1815 C / 55.1-1945 C] that applies and produce the rest, redacted as needed. Please send me the board's copy fee schedule now, under subsection E.

[Name, mailing address, telephone, email]

6. Cover letter to the Ombudsman

[Date]

DPOR, Office of the Common Interest Community Ombudsman, 9960 Mayland Drive, Suite 400, Richmond, VA 23233-1485

Re: Notice of final adverse decision, [Association name], registration number [number]

Enclosed is my notice of final adverse decision on Form F491-CICNOTE, under section 54.1-2354.4 B, about the association's final decision dated [date].

Enclosed with it: my complaint of [date]; the association's final decision; [any appeal and appeal decision]; the laws and regulations I believe the decision may conflict with, namely [sections]; supporting documents; and the association's complaint procedure.

[The $25 filing fee is enclosed. / My request for a waiver of the filing fee is enclosed.]

[Name, mailing address, telephone, email]

7. Request to waive the filing fee

[Date]

DPOR, Office of the Common Interest Community Ombudsman, 9960 Mayland Drive, Suite 400, Richmond, VA 23233-1485

Re: Request for waiver of the $25 filing fee, notice of final adverse decision, [Association name]

Section 54.1-2354.4 B allows the filing fee to be waived for good cause shown, for undue financial hardship. I ask for a waiver, and I send this request with my notice.

The reason: [state briefly and factually why paying $25 now would cause undue financial hardship].

[I enclose [any supporting document the Office asks for].]

[Name, mailing address, telephone, email]

8. For boards: acknowledging a complaint

[Date]

[Owner name], [address or email]

Re: Your written complaint received on [date]

The [Association name] acknowledges receipt of your written complaint on [date], as 18VAC48-70-50 requires.

[The board will consider your complaint at its meeting on [date] at [time] and [place]. / We will send you at least 14 days' notice of when and where it will be considered.] [To consider it fully, we ask for [describe any information], by [date].]

A copy of the association's complaint procedure is enclosed. Your contact for this complaint is [name, telephone, email].

[Name, title], for the Board of [Association name], registration number [number]

The series

The Virginia HOA & Condo Handbook

The four books in the series are coming to Amazon over the next few weeks. Everything else on this page is free now.

Cover of Ten Dollars a Day.
Book 1 · Owners facing a charge or fine

Ten Dollars a Day.

A Virginia HOA or condo charge cannot pass $50 for a single offense or $10 a day for a continuing one, the daily charge stops at 90 days, and none of it is allowed unless your documents expressly say so.

Coming to Amazon soon.

Cover of Three Days.
Book 2 · Buyers and sellers

Three Days.

A Virginia HOA, condo or co-op association has 14 calendar days to deliver the resale certificate. Unless the contract sets another period, the buyer then has three days to cancel, and if no certificate is ever delivered, the buyer may cancel at any time before settlement.

Coming to Amazon soon.

Cover of The Five-Year Study.
Book 3 · Board members

The Five-Year Study.

Every Virginia HOA board must carry out a reserve study at least once every five years and review it every year, and nothing in the HOA's own documents can switch that duty off.

Coming to Amazon soon.

Cover of The $25 Notice.
Book 4 · Owners with a complaint

The $25 Notice.

In Virginia, an owner has 30 days and a $25 fee to take an association's final adverse decision to the state Ombudsman. The Office can explain the law to your board. It cannot overturn the decision.

Coming to Amazon soon.