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 home | Main law | Worth knowing |
| House, townhome or lot with a mandatory association | POA Act, 55.1-1800 to 55.1-1837 | Declarations 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 age | Condominium Act, 55.1-1900 to 55.1-1990 | All 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 condo | Condominium Act | The declaration decides, not the building style. |
| Housing co-op | Real Estate Cooperative Act, 55.1-2100 to 55.1-2184 | Co-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 declaration | Each association's own Act | A 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
| Rule | HOA | Condo |
| Notice of owners' meetings | 14 days annual or regular, 7 days other (55.1-1815 G) | 21 days annual or regular, 7 days other (55.1-1949 A) |
| Owners' quorum | Your 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.
| Step | HOA | Condo |
| Notice before a lien | Certified mail, at least 10 days before filing (55.1-1833 C) | None in the section |
| Memorandum of lien | Within 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 threshold | Over $5,000, not counting attorney fees and costs (55.1-1833 I) | Same (55.1-1966 I) |
| Start foreclosure within | 120 months of recording (55.1-1833 E) | Same (55.1-1966 D) |
| Nonjudicial sale | Payment date at least 60 days out, then 14 days' notice of sale (55.1-1833 J) | Same (55.1-1966 J) |
| Priority | Behind 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
| Rule | HOA (POA Act) | Condo (Condo Act) |
| Owners' meeting notice | 14 days (55.1-1815 G) | 21 days (55.1-1949 A) |
| Five-year reserve study | Required; the section has no exception for the documents (55.1-1826 B) | Unless the instruments provide otherwise (55.1-1965 B) |
| Special assessment | Board's "best interests" finding; no statutory owner vote (55.1-1825 A) | Lump sum not due for 90 days (55.1-1964 E) |
| Records salaries | Top six over $75,000 (55.1-1815 B) | Aggregate only (55.1-1945 B) |
| Memorandum of lien | 12 months, after a 10-day certified notice (55.1-1833 B, C) | 90 days (55.1-1966 C) |
| Foreclosure | Over $5,000; within 120 months (55.1-1833 E, I) | Same (55.1-1966 D, I) |
| CICB annual report | From 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.