Which Virginia Laws Govern Your HOA?

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.

Does Virginia have an HOA law?

Yes. Virginia's typical single-family-home or townhome HOA is governed primarily by the Property Owners' Association Act (POAA), Va. Code Title 55.1, Ch. 18, § 55.1-1800 et seq. It covers records, open board meetings and member comment, charges for violations only after notice, a chance to cure and a hearing, and the assessment lien.

In more detail, the Virginia Property Owners' Association Act (POAA) 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 where the declaration or rules expressly provide, and only after notice, a chance to cure, and a hearing; capped at $50 for a single offense or $10 per day for a continuing one, for no more than 90 days (§ 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.

Who regulates HOAs in Virginia?

The Common Interest Community Board, within the Department of Professional and Occupational Regulation, registers associations, licenses community managers and adopts regulations, and the Office of the Common Interest Community Ombudsman handles owner complaints. Under § 54.1-2354.4, a member who receives a final adverse decision may file a Notice of Final Adverse Decision with the Ombudsman within 30 days.

What sets Virginia apart is public oversight by the Common Interest Community Board and the Office of the Common Interest Community Ombudsman. Under § 54.1-2354.4, every association must also maintain a written complaint procedure. 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. A revision of the Act (2026 Acts chs. 393 and 394) takes effect January 1, 2027; under the revised § 13.1-814.1, where a community association's declaration or condominium instruments conflict with its articles or bylaws on member liability for dues, assessments, and fees or on membership, resignation, or suspension, "the community association's declaration or condominium instruments shall control."

How the layers fit

1. The recorded governing documents — declaration, bylaws, and rules. The POAA sets the floor; the documents add detail but generally 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

• Va. Code Title 55.1, Ch. 18 — Property Owners' Association Act
• Va. Code Title 55.1, Ch. 19 — Condominium Act
• Va. Code § 54.1-2354.4 — Association complaint procedures; final adverse decisions
• Va. Code § 13.1-814.1 — Special provisions for community associations (version effective January 1, 2027)