Virginia Property Owners Association Act

Title 55.1, Chapter 18 (Takes Effect October 1, 2019)

The Virginia Property Owners Association Act (the “Act”) found under the new Title 55.1, Chapter 18 (§§ 55.1-1800 through 55.1-1836) of the Code of Virginia applies to “all developments subject to a declaration initially recorded after January 1, 1959, associations incorporated or otherwise organized after such date, and all subdivisions created under the Subdivided Land Sales Act (§ 55.1-2300 et seq.).” This new chapter takes effect on October 1, 2019 and repeals Title 55 as of that date. For more on applicability of provisions of this chapter, please read § 55.1.1801 below.

The Act is broken down into the following three articles:

Article 1 - General Provisions

Article 2 - Disclosure Requirements

Article 3 - Operation and Management of Association

We encourage all Virginia homeowners to become familiar with the laws that regulate homeowners’ associations and the community documents to ensure compliance and avoid HOA Problems. Please follow the red links to read the language of the law.

Article 1 - General Provisions

Section Name Section Number
Definitions 55.1-1800
Applicability 55.1-1801
Developer to register and file annual report; payment of real estate taxes attributable to the common area 55.1-1802
Limitation on certain contracts and leases by declarant 55.1-1803
Documents to be provided by declarant upon transfer of control 55.1-1804
Association charges 55.1-1805
Rental of Lots 55.1-1806
Statement of lot owner rights 55.1-1807

Article 2 - Disclosure Requirements; Authorized Fees

Section Name Section Number
Contract disclosure statement; right of cancellation 55.1-1808
Contents of association disclosure packet; delivery of packet 55.1-1809
Fees for disclosure packet; professionally managed associations 55.1-1810
Fees for disclosure packet; associations not professionally managed 55.1-1811
Properties subject to more than one declaration 55.1-1812
Requests by settlement agents 55.1-1813
Exceptions to disclosure requirements 55.1-1814

Article 3 - Operation and Management of Association

Section Name Section Number
Access to association records; association meetings; notice 55.1-1815
Meetings of the board of directors 55.1-1816
Distribution of information by members 55.1-1817
Common areas; notice of pesticide application 55.1-1818
Adoption and enforcement of rules 55.1-1819
Display of the flag of the United States; necessary supporting structures; affirmative defense 55.1-1820
Home-based businesses permitted; compliance with local ordinances 55.1-1821
Use of for sale signs in connection with sale 55.1-1822
Designation of authorized representative 55.1-1823
Assessments; late fees 55.1-1824
Authority to levy special assessments 55.1-1825
Annual budget; reserves for capital components 55.1-1826
Deposit of funds; fidelity bond 55.1-1827
Compliance with declaration 55.1-1828
Amendment to declaration and bylaws; consent of mortgagee 55.1-1829
Validity of declaration; corrective amendments 55.1-1830
Reformation of declaration; judicial procedure 55.1-1831
Use of technology 55.1-1832
Use of technology 55.1-1833
Notice of sale under deed of trust 55.1-1834
Annual report by association 55.1-1835
Condemnation of common area; procedure 55.1-1836