Virginia HOA Rules Enforcement: Va. Code 55.1-1819 Explained

What the law covers

Under Va. Code 55.1-1819, the board of directors has the power to establish, adopt, and enforce rules and regulations regarding common areas and other responsibilities assigned to the association by the declaration, unless reserved to the members.

Rules must be adopted by resolution and reasonably published or distributed throughout the development. Members may repeal or amend board-adopted rules by a majority of votes cast at a special meeting convened according to the association's bylaws. Rules may be enforced using standard private property owner remedies in Virginia, including seeking injunctions or actual damages. The court awards reasonable attorney fees and court costs to the prevailing party.

Key requirements and limits

The statute establishes specific conditions and monetary limits for enforcement:

• Monetary Charges: Charges cannot exceed $50 for a single offense or $10 per day for a continuing offense. Total charges for a continuing offense cannot be assessed for more than 90 days.
• Assessment Treatment: Assessed charges are treated as an assessment against the member's lot under 55.1-1833.
• Suspension of Facilities or Services: The board may suspend a member's right to use facilities or services (including association-provided utilities) if assessment payments are more than 60 days past due, provided lot access through common areas is not blocked and the suspension does not endanger health, safety, or property.
• Legal Action Accrual Cap: No additional charges accrue after a legal action is filed in court by the association or by a lot owner challenging the charges.

Note that the association's governing documents and later amendments may also apply and govern specific authority.

Notice, hearing and deadlines

Before any authorized enforcement action is taken, the board must follow a statutory procedure:

1. Written Notice of Violation: The member must receive written notice of the alleged violation sent to the address required for meeting notices under 55.1-1815, providing a reasonable opportunity to correct it.
2. Notice of Hearing: If uncorrected, the member must be given an opportunity to be heard and represented by counsel before the board or designated tribunal. Notice of the hearing and potential actions must be hand-delivered or sent by registered or certified mail (return receipt requested) at least 14 days before the hearing.
3. Notice of Hearing Result: The hearing result must be hand-delivered or sent by registered or certified mail (return receipt requested) within 7 days after the hearing.

Practical checklist for homeowners

• Read your association's governing documents and later amendments to verify rule-making authority.
• Keep written records and copies of all notices, receipts, and hearing correspondence.
• Pay attention to key statutory timelines, such as the 14-day hearing notice requirement and the 7-day result delivery window.
• Check the official text of Va. Code 55.1-1819 for legal updates or changes.