Vermont HOA Law Changes 2021–2025: What Every Board Needs to Know

<h2>Overview of Vermont HOA Law Changes 2021–2025</h2>

<p>Vermont community associations are governed by the Vermont Common Interest Ownership Act (27A V.S.A.) and the Vermont Condominium Ownership Act. Vermont has been consistently active in expanding renewable energy rights and member protections for community association residents. Between 2021 and 2025, Vermont enacted updates covering electronic meetings, solar and renewable energy rights, mandatory reserve studies, EV charging and home battery protections, assessment lien reform, and member record access. Here is a session-by-session breakdown.</p>

<h2>2021 Legislative Session</h2>

<h3>Act 75 (2021) — Electronic Meeting and Voting Authority</h3>

<p>Act 75 amended Vermont's Common Interest Ownership Act (27A V.S.A.) to permanently authorize electronic meeting participation and electronic voting for community associations. Board meetings and unit owner meetings may be conducted by video conference with remote participation counting toward quorum. Electronic voting is authorized for elections and governing document amendments with adoption of a written electronic voting policy. The policy must ensure ballot secrecy and prevent duplicate voting. Remote participants must be able to hear all discussion and be identified on the meeting record. Boards should adopt a written policy before conducting the first electronic meeting to ensure statutory compliance.</p>

<h3>Act 68 (2021) — Solar and Renewable Energy Rights</h3>

<p>Act 68 extended Vermont's existing solar energy rights to apply expressly to common interest communities, prohibiting any CC&amp;R, bylaw, or rule that restricts the installation of solar energy systems or other renewable energy equipment — including solar thermal, small wind turbines where permitted by local zoning, and geothermal systems. Vermont's ambitious renewable energy standards and the state's commitment to achieving 90% renewable electricity by 2050 make these homeowner rights particularly important. Associations may impose reasonable aesthetic guidelines — requiring panels to be mounted flush with roof pitch, prohibiting front-yard ground-mounted systems where rear placement is feasible — but may not require placement that reduces system output by more than 10%. Any existing restriction amounting to an outright ban is void.</p>

<h2>2023 Legislative Session</h2>

<h3>Act 47 (2023) — Reserve Fund — Mandatory Study</h3>

<p>Act 47 required Vermont common interest community associations with more than 10 units to conduct a reserve study within 3 years of the act's effective date and update the study every 5 years. The study must be performed by a qualified professional — a licensed engineer, licensed architect, or certified reserve specialist (RS) — and must project reserve needs over a 20-year period. Annual reserve fund status must be disclosed to all members and must include the current funded percentage relative to the study's target and the recommended annual contribution. Vermont boards that have been operating without a professional reserve study must engage a qualified analyst promptly to come into compliance.</p>

<h3>Act 62 (2023) — EV Charging and Energy Storage Rights</h3>

<p>Act 62 prohibited Vermont common interest community associations from adopting or enforcing restrictions that prohibit the installation of EV charging equipment or home battery storage systems. Vermont's aggressive electrification mandates — the state has set targets for converting heating and transportation to electricity — make this protection particularly important for residential communities. Home battery storage systems, such as Tesla Powerwall or similar products, allow residents to store solar energy and provide backup power during grid outages. Vermont boards may not use CC&amp;R restrictions to block these technologies. Associations may still impose reasonable installation standards and prior approval requirements, with a 60-day response timeline. Boards should adopt written EV and home battery installation policies promptly.</p>

<h2>2025 Legislative Session</h2>

<h3>Act 31 (2025) — Assessment Lien — Collections Protections</h3>

<p>Act 31 strengthened pre-lien notice requirements for Vermont common interest community associations. Associations must now provide a 45-day cure notice by certified mail before recording an assessment lien — longer than most states' standard 30-day period. The extended cure period gives Vermont unit owners more time to arrange payment and avoid lien recording. Additionally, associations must offer a written payment plan to any owner who requests one within the cure period. Associations may not begin lien enforcement while an owner is in compliance with an approved payment plan. Vermont boards should update their collections workflows and management agreements to implement the 45-day notice requirement and the payment plan offer obligation.</p>

<h3>Act 44 (2025) — Member Record Access Rights</h3>

<p>Act 44 expanded Vermont unit owner rights to inspect and copy association records. Members may now request — in writing — financial statements, contracts with vendors and the management company, board meeting minutes, and all governing documents. Associations must respond within 10 business days and provide electronic copies if the member requests them electronically. Boards may charge reasonable copying fees for paper copies but may not charge for electronic records. Courts may award attorney fees to members who must sue to enforce their record access rights — creating a meaningful enforcement mechanism for Vermont unit owners.</p>

<h2>Board Action Checklist</h2>

<ul>

<li>Adopt a written electronic meeting and voting policy enabling video conference and electronic ballot</li>

<li>Audit CC&amp;Rs and rules for solar and renewable energy restrictions — repeal any outright bans under Act 68</li>

<li>Commission a reserve study if your association has 10+ units and no study has been performed in the past 3 years</li>

<li>Include reserve funded percentage and recommended annual contribution in annual member disclosures</li>

<li>Adopt written EV charging and home battery installation policies with 60-day approval timelines</li>

<li>Update collections policy to require 45-day certified mail pre-lien notice and mandatory payment plan offer</li>

<li>Establish a 10-business-day record inspection response procedure with electronic copy delivery</li>

</ul>

<h2>How APM Helps Vermont HOA Boards Stay Compliant</h2>

<p>APM's remote HOA management service monitors Vermont Common Interest Ownership Act updates and provides client boards with compliance guidance on reserve studies, renewable energy policies, EV and battery storage installation, collections procedures, and record access. <a href="/remote-hoa-management/vermont">Learn about our Vermont remote management services</a>.</p>

<p><em>Legal disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed Vermont attorney for guidance specific to your community.</em></p>