Board members and homeowners should familiarize themselves with Virginia HOA laws. These laws govern how associations should operate and protect the rights of homeowners. From single-family associations to condo associations, some laws apply to every community.
What are the Virginia HOA Laws?
The governing documents of an association spell out the rights, responsibilities, and obligations of both homeowners and the HOA. These documents include the CC&Rs, bylaws, and rules and regulations.
In addition to these documents, associations must also adhere to state laws. These laws hold a higher place in the hierarchy, superseding all governing documents. If a covenant conflicts with a law, the latter takes precedence.
Here are the different HOA laws in Virginia.
Virginia Property Owners Association Act
The Virginia Property Owners Association Act can be found under Title 55.1, Chapter 18 of the Code of Virginia. This law governs the creation, management, and operation of property owners associations, including HOAs, formed after January 1, 1959.
Also known as the Virginia Home Owners Association Act, this law covers many critical topics, including but not limited to:
- Association charges
- Association meetings and notices
- Access to records
- Board meetings
- Enforcement of rules
- Amendments to the governing documents
- Special assessments
- Budgets
- Liens
- Foreclosure
Virginia Condominium Act
When it comes to Virginia condo association laws, the Virginia Condominium Act is the primary legislation. It can be found under Title 55.1, Chapter 19, of the Code of Virginia. This law governs the creation, management, and operation of condominiums formed after July 1, 1974.
The Virginia Condominium Act covers a variety of important topics, including but not limited to:
- Association charges
- Amendments to the condominium instruments
- Association and board meetings
- Voting
- Annual budgets
- Reserve studies
- Annual reports
Virginia Horizontal Property Act
The Virginia Horizontal Property Act can be found under Title 55.1, Chapter 20, of the Code of Virginia. This law governs condominium projects formed before July 1, 1974..
Virginia Real Estate Cooperative Act
The Virginia Real Estate Cooperative Act can be found under Title 55.1, Chapter 21, of the Code of Virginia. This law governs cooperative associations in the state.
Virginia Nonstock Corporation Act
The Virginia Nonstock Corporation Act can be found under Title 13.1, Chapter 10, of the Code of Virginia. This law governs nonstock corporations, which most associations are structured as in the state.
What is the Virginia Common Interest Community Board?
The Virginia Common Interest Community Board (CICB) is a regulatory body operating within the Department of Professional and Occupational Regulation (DPOR). The CICB oversees the licensing, regulation, and enforcement of provisions related to common interest communities in the state. These communities include homeowners’ associations, condominium associations, property owners’ associations, and cooperatives.
Below are the key responsibilities of the CICB:
- Licenses HOA management companies and community managers;
- Registers community associations that meet certain criteria;
- Reviews complaints from homeowners, board members, and the general public regarding violations of Virginia HOA laws;
- Provides training and educational resources to association boards and licensed professionals; and,
- Works closely with the Office of the Common Interest Community Ombudsman.
What is the Role of the Virginia CIC Ombudsman Office?
The Office of the Common Interest Community Ombudsman serves as a key resource for homeowners, condo owners, and board members. This office helps them understand their rights and navigate disputes within associations.
The CIC Ombudsman answers questions and guides on rights and processes under Virginia HOA laws. It provides information online, via phone, and by email.
That said, the CIC Ombudsman does not provide legal advice. Additionally, the Ombudsman may offer determinations, but they are non-binding.
Homeowner Rights Under Virginia HOA Laws
Virginia HOA regulations include built-in protections for homeowner rights. These include the right to access records, the right to due process, and the right to participate in community matters.
Let’s break them down below.
1. Right to Access Records
Homeowners have the right to access certain records of the association. Section 55.1-1815 (for HOAs) and Section 55.1-1945 (for condos) outline this right.
Typically, members may inspect books, records, and meeting minutes, including the governing documents and financial statements. Inspections may take place during reasonable business hours. Associations have five business days to respond to requests for professionally managed communities and 10 business days for self-managed communities.
That said, there are some records that the association may withhold from member inspection. These include records that involve:
- Personnel or medical information about specific individuals
- Contracts or transactions that are still under negotiation
- Pending or likely legal action, including threats of litigation
- Government enforcement proceedings related to association rules
- Confidential legal communications or attorney work product
- Information whose release would violate the law
- Executive session records, such as meeting minutes
- Reports or materials prepared for board executive sessions
- Other members’ files
2. Right to Due Process
Homeowners have a right to due process when it comes to the enforcement of rules. Section 55.1-1819 (for HOAs) and Section 55.1-1959 (for condos) both require written notice of the violation. Associations should then give the owner a chance to correct the violation to avoid penalties.
If the owner fails to correct the violation, the association shall allow the member to be heard. This hearing must take place before the board decides on a penalty.
3. Right to Participate
Homeowners have a right to participate in community matters, including voting in elections, attending board meetings, and sharing comments.
According to Section 55.1-1816 (for HOAs) and Section 55.1-1949 (for condos), board meetings must be open to all homeowners. Association boards can also hold closed meetings, known as executive sessions, to discuss personnel matters or legal issues.
The same sections also cover comments made at meetings. According to the above sections, associations must designate a portion of the meeting for open comments, subject to reasonable rules.
The Bottom Line
Navigating the many Virginia HOA laws can be confusing and exhausting, especially for boards with little to no legal background. Most of the time, the best course of action is to hire an HOA attorney or management company for assistance.
Keymont Community Management offers expert management services, including legal compliance, to associations in Virginia, Maryland, and Washington, DC. Call us today at 703.752.8300 or contact us online to get started!
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