Fines & PenaltiesVA
Challenging an HOA Fine in Virginia
By The HOARebel Team · June 2, 2026 · 2 min read
In Virginia, an association's power to charge for violations comes from the Property Owners' Association Act — and the statute conditions it on process and caps the amount. A charge is not simply a bill the board may mail; the POAA requires notice, a chance to fix the problem, and a hearing, and it limits how much the board may charge. For your specific situation, a licensed Virginia attorney is the right resource. This is general information, not legal advice.
The process: Va. Code § 55.1-1819
Section 55.1-1819 lets an association adopt and enforce rules and assess charges for violations — but only with due process built in. Before any charge, the member "shall be given a reasonable opportunity to correct the alleged violation after written notice," and the member is entitled to "an opportunity to be heard and to be represented by counsel before the board of directors or other tribunal." So a Virginia owner gets three things many states do not spell out: written notice, a window to cure, and a hearing at which a lawyer may appear.
The dollar caps
Virginia also limits the amount. Under § 55.1-1819, charges "shall not exceed $50 for a single offense or $10 per day for any offense of a continuing nature," and a continuing offense may not be charged "for a period exceeding 90 days." In practice, that caps a single continuing violation at $900 ($10 per day for 90 days). A charge above those limits is vulnerable on its face.
Why a Virginia charge still deserves attention
An unpaid charge does not just sit on a ledger. Section 55.1-1819 provides that the charge is "treated as an assessment against the member's lot for the purposes of § 55.1-1833" — the lien statute. So an ignored charge can become part of the association's assessment lien. That makes it worth addressing a disputed charge through the § 55.1-1819 process rather than letting it accrue.
The Ombudsman backstop
If the association's internal process produces a final adverse decision, Virginia owners have a state channel. Under § 54.1-2354.4, a member may file a Notice of Final Adverse Decision with the Common Interest Community Ombudsman within 30 days, on the Board's form, with a $25 fee. It is a low-cost way to put a disputed charge in front of a state office.
What people generally do
For a Virginia charge, the points that commonly matter:
- The association's records — the cited rule, any schedule of charges, and minutes showing how similar matters were handled.
- Whether the owner received written notice and a real opportunity to correct before any charge.
- The § 55.1-1819 hearing, where counsel may appear.
- The amount against the $50 / $10-per-day / 90-day caps.
- How the rule has been enforced against others matters, since uneven enforcement is a recognized defense.
- A licensed Virginia attorney, or the Ombudsman route, is the resource before an unpaid charge feeds the lien.
Sources
Free tool
Is your fine actually valid?
Answer a few questions about your notice and see how it compares to what Virginia's law requires before an association can fine you — free, with the statute quoted for each step.