Not legal advice
This guide is general information for Virginia community associations, based on the cited statutes as of the last-reviewed date. It is not legal advice — statutes change and your recorded declaration and bylaws control the specifics. Consult a licensed Virginia attorney for your situation.
Which statutes govern Virginia associations
The Virginia Property Owners' Association Act (Va. Code §55.1-1800 and following) governs non-condominium HOAs with recorded declarations. It imposes open-meeting requirements, member records rights, and caps on violation charges on top of whatever the declaration and bylaws provide. The Common Interest Community Ombudsman (Va. Code §55.1-1990 and following) provides a complaint process for both HOA and condominium owners.
Condominium unit owners' associations are governed by the Virginia Condominium Act (Va. Code §55.1-1900 and following), which parallels the POAA on meetings, records, and lien enforcement while carrying its own resale-disclosure and reserve-study obligations.
Open meetings and records access
Board meetings must be open to members with notice; members may record open meetings, and executive session is limited to enumerated topics — votes must be taken in open meeting (Va. Code §55.1-1816). Members in good standing may examine and copy the association's books and records upon five business days' written notice, subject to listed exclusions such as privileged materials and personnel records (Va. Code §55.1-1815).
Condominium associations owe the same duties: board and association meetings must be open to unit owners with notice and limited executive-session topics (Va. Code §55.1-1949), and unit owners may examine the association's books and records upon five business days' written notice subject to the statutory exclusions (Va. Code §55.1-1945).
Violation charges, fines, and hearings
Before imposing a charge for a rule violation, the HOA must give the owner notice and an opportunity for a hearing. Charges are capped at $50 for a single offense and $10 per day (up to 90 days) for continuing violations under Va. Code §55.1-1819, unless the declaration specifies higher amounts — in which case the declaration controls. Violation charges do not automatically become liens on the property.
The Ombudsman process gives owners an additional avenue to raise complaints about violations of the POAA or Condominium Act, and the Common Interest Community Board may impose civil penalties on associations that fail to comply.
Solar installations and flag display
Under Va. Code §55.1-1820.1, an association may not prohibit an owner from installing a solar energy collection device on the owner's property unless a recorded declaration establishes the prohibition. Even then, restrictions are invalid if they increase the system's cost by more than 5% or reduce its output by more than 10% compared to the optimal installation. Reasonable aesthetic conditions that do not cross those thresholds are permitted.
Va. Code §55.1-1821 protects display of the United States flag. Associations may impose only reasonable restrictions necessary to protect substantial association interests — on size, place, duration, and manner — but may not prohibit flag display outright.
Common questions about Virginia HOA law
How much can a Virginia HOA fine an owner for a rule violation?
Charges are capped at $50 for a single offense and $10 per day (up to 90 days) for continuing violations under Va. Code §55.1-1819, unless the recorded declaration specifies higher amounts.
How quickly must a Virginia HOA respond to a records request?
Members in good standing may examine and copy books and records upon five business days' written notice, subject to listed exclusions (Va. Code §55.1-1815; condominiums §55.1-1945).
Are Virginia HOA board meetings open to members?
Yes. Board meetings must be open to members with notice; executive session is limited to enumerated topics, and votes must be taken in open meeting (Va. Code §55.1-1816).
Can a Virginia HOA prohibit solar panels?
Not unless a recorded declaration establishes the prohibition, and even then the restriction is void if it increases the system's cost by more than 5% or reduces output by more than 10% (Va. Code §55.1-1820.1).