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Which Virginia Laws Govern Your HOA?

By The HOARebel Team · June 2, 2026 · 2 min read

Virginia gives community associations a comprehensive statute and, unusually, a state regulator. The first step is matching your community to the right law. For your specific situation, a licensed Virginia attorney is the right resource. This is general information, not legal advice.

Lot-based communities: the Property Owners' Association Act (§ 55.1-1800)

The Virginia Property Owners' Association Act (POAA) is the main statute for the typical single-family-home or townhome HOA. It addresses:

  • Records — books and records on five or ten business days' notice (§ 55.1-1815)
  • Meetings — open board meetings, member comment, and the right to record (§ 55.1-1816)
  • Charges for violations — only after notice, a chance to cure, and a hearing, and capped at $50/$10 per day (§ 55.1-1819)
  • The assessment lien — perfected by a memorandum filed within 12 months (§ 55.1-1833)

Condominiums

If you own a condominium, the Virginia Condominium Act (§ 55.1-1900 et seq.) governs instead, with provisions parallel to the POAA. A licensed Virginia attorney can confirm which act applies to your home.

The state regulator: the Common Interest Community Board

What sets Virginia apart is public oversight. The Common Interest Community Board, within the Department of Professional and Occupational Regulation, registers associations and community managers and adopts regulations, and the Office of the Common Interest Community Ombudsman handles owner complaints. Under § 54.1-2354.4, every association must maintain a written complaint procedure, and a member who receives a final adverse decision may file a Notice of Final Adverse Decision with the Ombudsman within 30 days. That state channel supplements — it does not replace — a homeowner's other options.

The Virginia Nonstock Corporation Act (Title 13.1)

Most Virginia associations are incorporated nonstock corporations under Title 13.1, Chapter 10. That entity law supplies director duties, member-meeting and voting procedures, and recordkeeping rules that work alongside the POAA.

How the layers fit

  1. The recorded governing documents — declaration, bylaws, and rules. The POAA sets the floor; the documents add detail but cannot subtract statutory owner rights.
  2. The POAA (§ 55.1-1800 et seq.) for lot-based communities — or the Condominium Act (§ 55.1-1900 et seq.) for condos.
  3. The Common Interest Community Board and Ombudsman for registration and complaints.
  4. The Nonstock Corporation Act (Title 13.1) for the incorporated entity.
  5. Federal law — the Fair Housing Act, ADA, Servicemembers Civil Relief Act, OTARD, and the Freedom to Display the American Flag Act.

From records to charges to the assessment lien, the POAA is the starting point for most Virginia homeowner questions.

Sources

Not legal advice.This article is general information based on publicly available state law, which can change and varies by state. It is not legal advice and does not create an attorney-client relationship. Your community's governing documents may impose additional requirements. Verify the current statutes and consult a licensed attorney in your state about your specific situation.