Quick Answer
Virginia regulates HOAs through the Property Owners' Association Act (Code of Virginia section 55.1-1800 and following) and condominiums through the Condominium Act (section 55.1-1900 and following). The Common Interest Community Board handles association annual reports and manager licensing under Title 54.1. Declarations and bylaws govern everything else.
Which laws govern HOAs and condominiums in Virginia
Virginia has detailed statutes for both planned communities and condominiums, plus a state board that licenses managers. If you serve on a Virginia board, you will use these statutes constantly.
Property Owners' Association Act
The Property Owners' Association Act (Title 55.1, Chapter 18, sections 55.1-1800 through 55.1-1837) governs associations of lot owners in developments with a recorded declaration. It addresses association charges (section 55.1-1805), rental of lots (1806), statement of owner rights (1807), records and meetings (1815 and 1816), rules and enforcement (1819), budgets and reserve studies (1826), compliance with the declaration (1828), the lien for assessments and foreclosure (1833), and an annual report filed with the Common Interest Community Board (1835). The Act applies to developments subject to a declaration initially recorded after January 1, 1959, and to associations organized after that date, with some exceptions and with the declaration allowed to opt in, so older communities should confirm applicability under section 55.1-1801.
Condominium Act
Condominiums are governed by the Condominium Act (Title 55.1, Chapter 19, section 55.1-1900 and following). Many of its operating provisions parallel the Property Owners' Association Act, including books and records (1945), meetings and quorums (1949 to 1953), the rules and charges section (1959), reserves (1965) and the lien for assessments. Our condo association guide covers how condos differ from HOAs.
Regulation of managers and associations
Virginia's Common Interest Community Board can assess monetary penalties and issue cease and desist orders for certain violations, such as improper association charges under section 55.1-1805. The Board also adopts regulations for the annual report that associations must file. See HOA governing documents explained for how statutes and documents fit together.
Virginia HOA and condo law at a glance
The table covers the Property Owners' Association Act. The Condominium Act has parallel provisions, which we note where verified.
| Topic | What Virginia law says |
|---|---|
| Assessments and liens | The association has a lien once perfected by filing a verified memorandum with the circuit court clerk within 12 months of when the first unpaid assessment became due, after sending written notice by certified mail at least 10 days before filing. The lien is subordinate to real estate tax liens, liens recorded before the declaration, and deeds of trust recorded before perfection (55.1-1833). Late fees may not exceed the penalty in section 58.1-3915, for amounts unpaid 60 days after the due date, unless the documents provide otherwise (55.1-1824). |
| Foreclosure | Foreclosure may not be initiated more than 120 months after the memorandum was recorded. Nonjudicial foreclosure is available only if total secured sums exceed $5,000, exclusive of fees and costs, after a notice giving at least 60 days to pay (55.1-1833). |
| Records access | Members in good standing may inspect and copy association books and records for a proper purpose on five business days' written notice if managed, or 10 business days if self-managed, subject to listed exceptions. Draft board minutes must be available within 60 days or when distributed with the next agenda package (55.1-1815). |
| Meetings and elections | Annual meetings with notice at least 14 days before annual or regular meetings and seven days before others. Board meetings are open to members, with executive session allowed for listed topics. Members may vote in person, by proxy or by absentee ballot unless the documents prohibit it, and electronically if the board adopts guidelines (55.1-1815, 1816). |
| Reserves | The board must conduct a reserve study at least once every five years, review it annually, and adjust the budget as needed. The budget or a summary must be made available before the fiscal year starts (55.1-1826; condos 55.1-1965). |
| Fines and enforcement | Charges for violations require the declaration or rules to expressly allow them, written notice and an opportunity to cure, then a hearing on at least 14 days' notice. Charges are capped at $50 per single offense or $10 per day for continuing offenses, for no more than 90 days (55.1-1819; condos 55.1-1959). |
| Rental restrictions | Unless the chapter, the declaration or other law provides otherwise, an association may not prohibit or condition rental, charge rental fees above $50 during a lease term, require its own lease form, charge deposits or evict tenants. It may require tenant and vehicle information (55.1-1806). |
| Architectural review | See your declaration. Separate statutes address the US flag (55.1-1820), solar energy devices (55.1-1820.1) and electric vehicle charging (55.1-1823.1). |
| Board duties | Board and committee meetings open to members, directors may examine all records in the discharge of their duties (55.1-1815(F)), and funds must be deposited as the statute directs (55.1-1827). |
Assessments, liens and collections
Virginia is a perfected-lien state. Unlike states where recording the declaration creates the lien automatically, a Virginia association must file the memorandum of lien within 12 months of the first unpaid assessment becoming due, and the memorandum must be verified by the principal officer and include items such as the lot description, owners, amount, due dates and a contact for payment. The association must first send a certified-mail notice at least 10 days before filing. Because the statute sets that window, boards and managers should calendar it.
The statute also controls enforcement costs and foreclosure. The judgment must include costs and reasonable attorney fees for the prevailing party. A nonjudicial sale requires specific advertising, notice to lienholders and a 60-day cure notice, and failure to comply with advertising rules makes a sale voidable on petition. Because association charges are a regulated topic, section 55.1-1805 limits charges against fewer than all owners to fees for services provided, charges related to common area use, or fees authorized by the statute. Read what powers an HOA has for the broader picture.
Meetings, elections and transparency
Virginia has detailed open-meeting rules. Under section 55.1-1816, meetings of the board and its committees where association business is discussed are open to members, and boards may not use work sessions to avoid the rule. Notice must be published where it is reasonably calculated to reach a majority of lot owners, owners can ask for continuing notice, agenda packets must be made available, and members may record open meetings. Boards may go into executive session only on an affirmative vote in an open meeting on a motion stating the purpose, and only for topics such as personnel matters, legal counsel, contracts, litigation and violation matters. Secret or written ballots in an open meeting are a violation except for election of officers.
Records requests have their own process. Members must state a proper purpose and identify the records, and the association may withhold categories such as personnel matters, pending litigation and attorney-client communications. Associations may charge only the actual costs of materials and labor under a board-adopted cost schedule. See board member responsibilities for guidance on transparency.
Reserves, fines and rules
The reserve study requirement in section 55.1-1826 is specific. The study determines the necessity and amount of reserves for capital components, and when it indicates a need, the budget must include replacement cost, remaining and useful life, accumulated reserves and expected contributions, and a description of the estimation procedures. The board may meet repair needs through reserves, additional assessments or borrowing. Our reserve funds guide explains the practical side.
For enforcement, section 55.1-1819 gives the board power to adopt and enforce rules for the common areas, and to suspend facility use for assessments more than 60 days past due or assess charges, but only to the extent the declaration or rules expressly provide. The owner must get a reasonable opportunity to correct the violation and a chance to be heard and represented by counsel, and the hearing result must be mailed within seven days. Once a court action is filed, no additional charges accrue. See our enforcement guide, and for leasing, HOA rental caps.
Recent changes
The code history shows frequent amendments, including 2024 changes (Acts of Assembly chapters 55 and 349) to the lien and records sections, a 2024 amendment (chapter 324) to the reserve study section, and a 2024 amendment (chapter 685) to the association charges section. For a summary, see Virginia HOA law changes 2021-2025, and check the current Code for anything newer.
Remote HOA management in Virginia
Remote management gives a Virginia association a professional management team through a cloud dashboard for financials and reporting, online dues collection, digital violation tracking that preserves the notice-and-hearing record, and board support by phone, email and video. The board remains responsible for open meetings and decisions. See remote HOA management in Virginia and our pricing page.
Rules on manager licensing and registration vary by state, so associations should confirm what applies in Virginia. Virginia does license: section 54.1-2346 requires any person or entity offering management services to a common interest community to hold a valid license unless exempted by section 54.1-2347, with certification requirements for certain employees. Confirm the current status of any manager with the Common Interest Community Board.
Frequently Asked Questions
What is the main HOA law in Virginia?
The Property Owners' Association Act, Code of Virginia section 55.1-1800 and following, governs HOAs. Condominiums are governed by the Condominium Act, section 55.1-1900 and following.
How much can a Virginia HOA fine a homeowner?
Where the declaration or rules expressly authorize charges, section 55.1-1819 caps them at $50 for a single offense or $10 per day for a continuing offense, for no more than 90 days, after notice, a chance to cure and a hearing.
Can a Virginia HOA stop me from renting my home?
Section 55.1-1806 says an association may not condition or prohibit rental except as expressly authorized in the chapter, the declaration or other law. Check your declaration, and note the limits on rental fees and deposits.
How long does an HOA have to file a lien in Virginia?
Under section 55.1-1833, the memorandum of lien must be filed within 12 months of when the first unpaid assessment became due, after a certified-mail notice at least 10 days earlier. Foreclosure may not start more than 120 months after recording.
How often must Virginia HOAs do a reserve study?
At least once every five years, with an annual review of the results, under section 55.1-1826. Condominiums have a parallel requirement in section 55.1-1965, subject to the condominium instruments.
How APM Helps
Association Property Managers provides remote HOA and condo management to boards nationwide, with offices in East Lansing, Michigan and Dublin, California. See our association management services, read what HOA management is, or request a free proposal. Proposals arrive within three business days, and you can call 810.777.7060.
This article is general information, not legal advice. Laws change and associations differ; consult a licensed attorney in Virginia. Last verified October 25, 2026.
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