Chesapeake, VA HOA Rules: Assessment & Dues (2026)
Key Facts
- Late fee trigger
- 60 days past due (Sec. 55.1-1824)
- Late fee cap
- Penalty rate in Sec. 58.1-3915
- Additional assessment
- Requires board best-interests finding
- Budget disclosure
- Annual budget or summary before fiscal year starts
- Reserve study
- At least once every 5 years
- Nonpayment remedy
- Recorded lien under Sec. 55.1-1833
Summary
Virginia's Property Owners' Association Act sets the assessment rules Chesapeake HOAs must follow: boards may charge a late fee capped at the tax-penalty rate in Sec. 58.1-3915 once a payment is 60 days overdue, may levy additional assessments beyond the declaration's stated amount for common-area upkeep, and must share the annual budget, or a summary of it, with lot owners before each fiscal year begins.
§ 55.1-1824. Assessments; late fees. Except to the extent that the declaration or any rules or regulations promulgated pursuant to such declaration provide otherwise, the board may impose a late fee that does not exceed the penalty provided in § 58.1-3915 for any assessment or installment that is not paid within 60 days of the due date for payment of such assessment. ... § 55.1-1825. ...the board of directors shall have the power to levy an additional assessment against its members if (i) the purpose in so doing is found by the board to be in the best interests of the association and (ii) the proceeds of the assessment are used primarily for the maintenance and upkeep of the common area and such other areas of association responsibility, including maintenance, repair, and replacement of capital components. ... § 55.1-1826. ...Prior to the commencement of the fiscal year, the board of directors shall make available to lot owners either (i) the annual budget of the association or (ii) a summary of such annual budget.
Full Breakdown
1, the Property Owners' Association Act, which binds every association recorded in the city. Sec. 1-1824 lets the board impose a late fee once an assessment or installment sits unpaid for 60 days, but caps that fee at the penalty rate set by Sec. 1-3915, the state's real-estate tax delinquency penalty, unless the recorded declaration or duly adopted rules say otherwise. Sec. 1-1825 separates ordinary assessments from additional ones: the board may levy an added assessment beyond what the declaration already authorizes only if it finds the levy is in the association's best interests and the proceeds go mainly to maintaining, repairing or replacing common-area capital components.
A member who does not pay that additional assessment faces the same lien remedy available under Sec. 1-1833 for any unpaid assessment, and subsection (C) lets the board deny the nonpaying member access to common areas, short of blocking direct access to the member's own lot. Sec. 1-1826 layers on budget transparency: before each fiscal year starts, the board must give lot owners either the full annual budget or a summary of it, must commission a reserve study at least once every five years covering the capital components defined in Sec.
1-1800, and must review that study annually and adjust the budget or assessment as needed to keep reserves adequate. Boards retain discretion under subsection (D) to fund repairs through reserves, additional assessments or borrowed money.
Violations & Fines
An HOA that charges a late fee above the Sec. 58.1-3915 penalty rate, or that levies an additional assessment without the best-interests finding Sec. 55.1-1825 requires, exceeds its statutory authority and a member can challenge the charge. Unpaid assessments, including additional ones, expose a lot to the recorded lien and foreclosure process under Sec. 55.1-1833, and nonpayment can also trigger loss of common-area access under Sec. 55.1-1825(C).
Frequently Asked Questions
Can my Chesapeake HOA charge whatever late fee it wants on a missed assessment?
Can the board levy a special assessment I didn't budget for?
Does the HOA have to show me the budget before the year starts?
Sources & Official References
Other rules in Chesapeake
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