Virginia HOA & Condo Laws

How HOAs and condominium associations charge, collect, and enforce regular and special assessments. Covers dues billing, delinquency notices, late fees, lien filing, judicial and non-judicial foreclosure, statute of limitations, and …

Statutory requirements for reserve studies, reserve funding, component inventory, funding plans, and board fiduciary duty regarding major repair and replacement obligations.

Board and owner meeting requirements — open meeting mandates, advance notice periods, agenda requirements, minimum owner comment periods, executive session limits, remote participation, and materials access rules.

Director elections, board member removal votes, governing document amendments, secret ballot requirements, quorum rules, proxy voting, electronic voting, and inspector of election requirements.

Unit owner rights to inspect association records — financial statements, meeting minutes, governing documents, contracts, and correspondence. Response timelines, allowable copying fees, and executive session materials exceptions.

Association authority to enforce governing documents through fines, suspension of privileges, and legal action. Covers fine limits, hearing requirements, notice-and-opportunity procedures, and limitations on enforcement authority.

Resale certificate and transfer disclosure requirements at the time of unit sale. Covers disclosure timing, content, fee caps, delivery deadlines, buyer rescission rights, and association liability for inaccurate information.

Statutory insurance requirements for HOAs and condominiums — property insurance, liability coverage, directors and officers, fidelity bonds, flood insurance, and cyber liability. Coverage minimums, deductible assessments, and claims procedures.

Board member fiduciary obligations — duty of care, duty of loyalty, business judgment rule, conflict of interest disclosure, and personal liability exposure. Statutory duties imposed on directors and officers of …

The foundational documents governing common interest communities — declarations (CC&Rs), bylaws, articles of incorporation, rules and regulations, architectural guidelines, and resolutions. Document hierarchy, amendment procedures, and recording requirements.

Assessment lien filing, priority, extinguishment, and foreclosure procedures. Minimum thresholds for foreclosure, pre-foreclosure notice requirements, mediation mandates, super-priority provisions, and the interaction between HOA liens and mortgage liens.

Mandatory and optional alternative dispute resolution procedures — internal dispute resolution, mediation, arbitration, and limitations on litigation. Covers meet-and-confer requirements, mediation timelines, and enforcement of ADR outcomes.

Delinquency management beyond lien filing. FDCPA compliance, payment plans, write-off procedures, credit bureau reporting, and third-party collection agency restrictions. Distinct from "Foreclosure and Liens" which covers the lien-to-foreclosure path.

The handoff from developer control to owner-controlled governance. Turnover requirements, document delivery obligations, transition audits, warranty periods, and developer liability for construction defects revealed after transition.

State regulation of community association management companies and individual managers. Licensing requirements, fiduciary duties, disclosure obligations, record-keeping mandates, and prohibited practices. Covers both firm-level and individual-level regulation.

State requirements for community association registration, annual reporting, and regulatory filing. Which state agency oversees HOAs, what information must be filed, filing fees, and consequences of non-registration.

Governance, transfer, and financial requirements specific to housing cooperatives. Share transfer restrictions, proprietary lease terms, flip tax provisions, subletting rules, board approval of purchasers, and cooperative conversion procedures.