HOA LAWS AND REGULATIONS

Federal Laws - In addition to state law regulations, the federal government has laws that govern the operation and management of common interest communities in Virginia.
Virginia Debt Collection Act, § 2.2-4800 et. seq. The Act regulates debt collection practices at the state level and contains provisions similar to the Federal Debt Collection Practices Act (FDCPA). The Act prohibits debt collectors from using abusive, unfair, or deceptive practices when attempting to collect a debt. HOA fees are considered “debts” under the FDCPA, and homeowners are protected “consumers.” Victims of unfair debt collection practices can file a complaint with the state’s Attorney General’s Office, the FTC, or the CFPB. Under the FDCPA, victims also have the right to sue a debt collector in state or federal court within one year from the date of the violation.

Virginia Fair Housing Law, § 36-96.1 et. seq. This law protects people from housing discrimination based on race, color, religion, national origin, sex, elderliness, familial status, or handicap. The Act provides state-level protections similar to the federal Fair Housing Act (FHA). Victims of housing discrimination can file a complaint through the Virginia Department of Occupational and Regulation or HUD within one (1) year from the discriminatory act. Victims may also file a private lawsuit in the federal district court within two (2) years of the discriminatory act.
The Virginia Nonstock Corporation Act, §§13.1-801 et. seq. The Nonstock Corporation Act governs Nonstock corporations in Virginia with regard to corporate structure and procedure. Most Virginia homeowners’ associations and condominiums are nonstock corporations (incorporated under Virginia law). § 13.1-870.2 applies to both unincorporated and incorporated associations. To check the corporation status of a Virginia association, visit the Virginia Secretary of the Commonwealth.
Virginia Common Interest Communities (Title 54.1 Professions and Occupations, Chapter 23.3). Establishes the Common Interest Community Board and Ombudsman and sets manager licensing requirements.
Virginia Property Owners Association Act (Title 55.1, Chapter 18) - Governs the creation and operation of associations subject to a declaration recorded after January 1, 1959.
Virginia Condominium Act (Title 55.1, Chapter 19) - The Act governs the creation and operation of all condominiums and all horizontal property regimes or condominium projects established after July 1, 1974.
Virginia Condominium Regulations, This chapter governs the exercise of powers granted and the performance of duties imposed upon the Common Interest Community Board by the Virginia Condominium Act (§ 55.1-1900 et seq. of the Code of Virginia) as the act pertains to the registration of condominiums.
Virginia Horizontal Property Act (Title 55.1, Chapter 20) - Applies to condominium projects established before July 1, 1974.
Virginia Common Interest Community Ombudsman Regulations (PDF Unofficial Copy December 11, 2019). This regulation requires associations to set rules for receiving and considering complaints from members and citizens.
Virginia Common Interest Community Manager Regulations, § 54.1-2345 et seq. (PDF Unofficial Copy December 1, 2021). Requirements for common interest community manager license and certification.
Virginia Common Interest Community Management Information Fund Regulations (PDF Unofficial Copy November 1, 2019), These regulations govern the exercise of powers granted to and the performance of duties imposed upon the Common Interest Community Board by §§ 54.1-2350, 54.1-2354.2, 55.1-1835, 55.1-1980, and 55.1-2182.
Virginia Covenants Restricting Solar Energy Collection Devices, The Act prohibits community associations in Virginia from preventing an owner from installing a solar energy collection device on that owner's property unless the recorded declaration for that community association establishes such a prohibition. Community associations may only establish reasonable restrictions concerning the size, place, and manner of placement of such solar energy collection devices.
Virginia Real Estate Cooperative Act - Title 55.1, Chapter 21 The Act recognizes and provides a legal framework relating to cooperative ownership in Virginia.
Subdivided Land Sales Act - Title 55.1, Chapter 23

LEGAL RESOURCES

Direct link to: Virginia Law
Virginia laws applicable to Property and Conveyances
Access to Justice - Free and low-cost legal resources in Virginia. A guide for helping low- and modest-income Virginians obtain legal services
Virginia State Bar Association - The office gives the public access to a lawyer directory, lawyer referral service, free or low-cost legal services, and records to determine if a lawyer is in good standing, verify their malpractice insurance, or file a complaint.
Virginia Legal Aid - Find out if you are eligible for Virginia legal aid services
Virginia's Judicial System - Access the Supreme Court of Virginia, the Court of Appeals of Virginia, circuit courts in thirty-one judicial circuits, general district and juvenile and domestic relations district courts in thirty-two districts, and magistrates in offices in thirty-two districts.

GOVERNMENT AGENCIES

U.S. Department of Housing and Urban Development - (HUD) - The agency is responsible for enforcing the federal Fair Housing Act (FHA), which as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, because of race, color, religion, sex, familial status, national origin, and disability.
Recommended Reading:
United States Department of Justice Civil Rights Division - The agency enforces civil rights laws, including the Americans with Disabilities Act (ADA). The ADA prohibits discrimination against disabled persons in employment, transportation, public accommodations, communications, and access to government programs and services.
- Frequently Asked Questions about Service Animals and the ADA - A guide on the ADA's service animal provisions.
- ADA Revised Requirements: Service Animals - This publication clarifies and refines issues and contains new, and updated, requirements, including the 2010 Standards for Accessible Design (2010 Standards).
Consumer Financial Protection Bureau (CFPB) – This is the primary agency responsible for enforcing the Federal Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from using abusive, unfair, or deceptive practices when attempting to collect a debt and The Servicemembers Civil Relief Act (SCRA).
Virginia Government Portal - Search for government information by topic and agency.
Office of the Common Interest Community Ombudsman - The agency provides assistance and information about the rights and processes available to members of common interest communities in Virginia. The website also offers forums and email notifications.
Virginia Regulatory Town Hall - Homeowners can stay informed of changes in regulatory actions affecting homeowners’ associations and condominiums by visiting the Virginia Regulatory Town Hall.
- Pending Regulatory Action - Pending proposals related to common interests communities, including condominiums, cooperatives, or property owners' associations.
Virginia Department of Professional and Occupational Regulation - Property management companies in Virginia are licensed and regulated by this government agency. Most developers also fall under the jurisdiction of this department.
Virginia General Assembly - Search your state representative and the legislation (or, "statutory law") database.
Attorney General of Virginia - The attorney general's office plays an important role in protecting the state's citizens.
Virginia Fair Housing Office - The office administers and enforces fair housing laws relating to housing discrimination based on race, color, national origin, sex, disability, familial status (families with children under age 18), or “elderliness” (age 55 or older).
Virginia Department of Agriculture and Consumer Services - The agency provides leadership on food, agriculture, natural resources, and related issues.
Common Interest Community Board - Virginia associations, must file annual reports with the Common Interest Community Board. They regulate community managers and certain employees of licensed management firms.

HOA CONTACT INFORMATION AND DOCUMENTS

Virginia Secretary of the Commonwealth - The government agency provides information on elections, businesses, licensing, and securities.
- HOA Directory - Homeowners can enter the name of the community or subdivision to find the association’s contact information, list of board members, and corporation documents, such as the association’s articles of incorporation.
- HOA Documents - The association’s Declaration of Covenants, Conditions, and Restrictions (CC&Rs), Amendments to CC&Rs, Bylaws, Lien Notices, HOA Notices, Plats, Maps, and other community documents can be found by visiting the county recorder’s office website in which the association is located. The association’s CC&Rs must be recorded with the county land records to be enforceable.

HELP FOR CONDOMINIUM, COOPERATIVE, AND HOA OWNERS

Community members can visit the Office of the Common Interest Community Ombudsman to obtain information and assistance with homeowners’ associations, condominiums, and cooperative matters. The agency has the authority to review member complaints that relate to allegations involving violations of common interest community laws and regulations and cannot review complaints relating to alleged violations of an association’s governing documents.

Regulatory Programs and Compliance Section
Department of Professional and Occupational Regulation
9960 Mayland Drive, Suite 400
Richmond, Virginia 23233-1463

Phone: (804) 367-8504
FAX: (866) 282-3932
Email: ComplaintAnalysis@dpor.virginia.gov

DISCOVER MORE

Educational HOA articles. Giving you facts, not opinions.

Homeowners' Association As Vacation Destination: Short-Term Rental Restrictions in HOAs

Even if a community has a valid reason to restrict short-term rentals, it still needs legal and/or contractual authority to support the restriction. Typically, the authority comes from an HOA's declaration, from state law, or a combination of the two. A declaration is a contract among property owners in a community. The owners jointly agree to accept certain obligations and restrictions on how properties in the community can be used. If everyone complies, the community as a whole will benefit—or at least that is the idea.

Enforcing Conformity: Home Improvement Projects And Architectural Review Boards In HOAs

The U.S. legal system generally views any land-use restrictions with suspicion. However, the law also recognizes that reasonable restrictions are sometimes justified if they benefit the community as a whole. With that in mind, courts throughout the country have consistently upheld the right of HOAs to impose architectural restrictions as long as the restriction serves a legitimate purpose, is within the association's power under state law and/or the community's declaration, and does not violate any other law or public policy.

Step-By-Step Guide To The HOA Assessment Collections Process

When you purchase a property in a community with a homeowners’ association, you’re also acquiring the obligation to pay regular assessments. Unfortunately, though, homeowners are sometimes financially unable to pay assessments. Homeowners faced with potential collections action must understand how the HOA collections process works and the legal rights and redress available for both homeowners and the association. This guide will help all community members, including the board, resolve conflict, and avoid escalation.

Preventing the Spread of COVID-19 Within HOA Communities

On March 11, 2020, the World Health Organization declared the outbreak of COVID-19 (the medical condition caused by the novel coronavirus SARS-CoV-2), a global pandemic. HOAs and condominium associations have an essential role to play in slowing the spread of COVID-19. By applying the Center for Disease Control and Prevention (“CDC”) recommendations in the planned community setting, HOA board members, owners, residents, visitors, and employees can help prevent illness in their communities and keep their loved ones, friends, and neighbors healthy and safe.

HOA Powers and Obligations In Emergency Situations

The fundamental purpose of a homeowners’ association is to benefit the community and its members. Usually, that means preserving the aesthetic beauty of the neighborhood by maintaining common areas and ensuring homeowners keep up their properties. Or, it might mean using pooled resources to make life easier for the entire community—through road and sidewalk repairs or snow removal, for instance. Most of the time, the overall goal is to increase property values and raise the living standard in the community. In an emergency, though, an HOA’s role can take on an entirely new dimension.

Weathering The Storm: Coronavirus And Its Financial Impact on Homeowners

One way or another, future historians will consider the Coronavirus Pandemic among the most noteworthy events of the early 21st Century. The full economic impact on homeowners and their families cannot yet be precisely predicted, but it is likely to be immense. Taking the necessary precautions to avoid exposure to the virus and preparing for the financial ramifications will require prudence, careful planning, and maybe even a little creative thinking. Homeowners can't completely avoid the fallout from Coronavirus, but there are a few measures that could hopefully soften the blow.

Virginia HOA Laws and Resources