Homeowners associations in Virginia — subdivisions and planned communities, as distinct from condominiums — are governed by the Property Owners' Association Act, Virginia Code § 55.1-1800 et seq. (Condo associations fall under a separate, similarly structured chapter.) Virginia is unusual among states in also having a dedicated state regulator for community associations: the Common Interest Community Board and a separate Common Interest Community Ombudsman, both within the Department of Professional and Occupational Regulation (DPOR). The Ombudsman's office takes complaints alleging a violation of the Act, offers dispute-resolution referrals, and accepts formal "Notices of Final Adverse Decision" — filed within 30 days of an association's final ruling against an owner, for a $25 fee. It can't give legal advice or issue binding rulings, but it's a real, low-cost first stop that most states don't offer.
Here's what the Act actually says about the situations that come up most.
Fines: what your HOA can and can't charge
Virginia caps HOA fines at $50 per violation, or $10 per day for a continuing violation, up to a maximum of 90 days — a hard ceiling considerably lower than many other states'.
- Notice and hearing: before a fine, the association must give written notice of the violation and a reasonable chance to correct it. If a hearing follows, notice must be hand-delivered or sent by certified/registered mail at least 14 days beforehand, and you have the right to be heard and to bring a lawyer.
- Who hears it: unlike some states, Virginia doesn't require the hearing panel to be independent of the board — the Act lets the association's own documents decide who hears the case (often the board itself).
- Suspending amenities: once an assessment is more than 60 days past due, the board may suspend a delinquent owner's use of common facilities — but it can't cut off access to and from the lot itself, or endanger anyone's health or safety.
- Going to court: an association can sue in general district or circuit court for an injunction and unpaid charges; once it does, no further charges may accrue for that violation.
See our guide on how to fight an HOA fine for the general playbook.
Unpaid assessments, liens, and foreclosure
An association doesn't get an automatic lien in Virginia — it has to record one, and there's a real, homeowner-favorable dollar floor before foreclosure can even start.
- Recording the lien: the association must record a "memorandum of lien" within 12 months of the first missed payment, after giving the owner at least 10 days' written notice by certified mail.
- $5,000 floor before foreclosure: an association can't foreclose — judicially or nonjudicially — unless the total secured debt exceeds $5,000, not counting attorney's fees and costs. This threshold was written into law in 2024 specifically to keep small debts from turning into a foreclosure.
- Pre-sale notice: before a nonjudicial sale, the association must give at least 60 days' notice of the debt and a chance to pay it off.
- 10-year window: the association has up to 120 months (10 years) from recording the lien to actually foreclose on it.
- Late fees: capped at the greater of 5% of the amount due or the local real-estate-tax late penalty, and can only be charged once the assessment is 60 days past due.
More on this in our guide to what happens if you don't pay HOA dues.
Meetings and quorum
Associations must give members at least 14 days' notice of an annual or regular meeting, and at least 7 days' notice of a special meeting, by mail, hand delivery, or email if you've opted in. Board meetings — including committee sessions where association business gets discussed — must generally stay open to owners; secret-ballot voting is barred except for electing officers, and any closed "executive session" is limited to specific topics like legal advice, contracts, and personnel, with a recorded vote required just to go into one.
Board elections
Virginia's statute is notably hands-off here — it leaves most election mechanics (plurality vs. majority, how vacancies get filled) to each association's own declaration and bylaws, rather than setting a statewide rule. What it does guarantee: as long as you're a member in good standing, you have the right to run for the board unless your declaration specifically says otherwise. There's no statewide bar on delinquent owners or people with felony convictions serving on a Virginia HOA board — if your community restricts that, it's coming from your own governing documents, not state law.
For the general mechanics, see how HOA board elections work.
Buying a home in a Virginia HOA
Virginia overhauled its disclosure rules in 2023: the old HOA-specific disclosure sections were repealed and replaced with a single Resale Disclosure Act that covers HOAs, condos, and co-ops the same way.
Your cancellation window depends on timing: if you get the certificate before you sign, you can cancel until 9pm on the 3rd day after signing (unless your contract sets a different number). If it arrives after you've signed, you get 3 days from delivery. And if the association never delivers it at all, your right to walk away doesn't expire until settlement — it just runs out the clock right up to closing instead of vanishing on a fixed date.
See our full buying checklist for homes in an HOA before you make an offer.
Need help with a Virginia HOA issue? Find an HOA attorney in Virginia, or find a management company in Virginia.