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Frederick County, VA HOA Rules: Assessment & Dues (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Assessment basis
Equal basis for all lot owners, including developer
Liability insurance
$1,000,000 required for POAs with 20+ lots
Fund holding
Interest-bearing escrow approved by Board of Directors
Annual report
Required to lot owners under Va. Code § 15.2-2256
Buyer disclosure
Assessments listed in sales contract before closing

Summary

Frederick County's subdivision ordinance sets the assessment framework for every Property Owners' Association it requires: lot owners, including the developer, are assessed on an equal basis for common-area upkeep, associations of 20 or more lots must carry $1,000,000 in liability insurance, and the board must issue lot owners an annual report of fees collected under Frederick County Code § 144-302.14.

These county ordinances apply to unincorporated areas of Frederick County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

A liability insurance policy of $1,000,000 shall be mandatory for any POA containing 20 or more lots. ... All lot owners, including the developer, shall be assessed on an equal basis for the perpetuation and maintenance of required common elements as long as such perpetuation and maintenance is necessary. Such assessments shall be sufficient for the perpetuation and maintenance of all common areas and facilities. ... In accordance with the Code of Virginia, § 15.2-2256, the Board of Directors or other managing professional charged with collection of fees and the maintenance of common improvements shall provide an annual report to the lot owners of all fees collected and disposition of all funds.

Full Breakdown

14 spells out how a Frederick County POA must fund and account for the common areas it maintains. Every lot owner, including the developer, is assessed on an equal basis for the perpetuation and maintenance of required common elements for as long as that maintenance is needed, and the ordinance requires the assessments to be sufficient to actually cover the perpetuation and maintenance of the common areas and facilities, not just a nominal fee. Before any lot sells, the subdivider's sales contract must attach a consumer disclosure statement listing the POA's annual assessments alongside the approved bylaws, so a buyer knows the assessment obligation before closing.

Any POA that governs 20 or more lots carries two extra financial safeguards: it must hold a $1,000,000 liability insurance policy, and all of its funds must sit in interest-bearing escrow accounts approved by the Board of Directors, with a bonded treasurer who delivers annual statements and an annual budget. 2-2256, the Board of Directors or whatever managing professional collects the fees must give lot owners an annual report disclosing every fee collected and how those funds were spent. The county also keeps a maintenance backstop over how assessment money gets used: if a common area, easement or stormwater facility is neglected to the point of becoming a public health or safety danger, Frederick County can step in, do the necessary work, and recover the full cost from the owners.

Violations & Fines

The ordinance does not set a fine amount for missed assessments; instead Section 144-302.14.G lets Frederick County inspect any common area, easement or stormwater facility, and if neglect turns into a public-health or safety danger, the County performs the repair itself and recovers every dollar of the cost from the lot owners, POA included.

Frequently Asked Questions

How are Frederick County POA assessments calculated?
Section 144-302.14 requires every lot owner, including the subdivision's developer, to be assessed on an equal basis for maintaining the required common elements, and the assessments must be large enough to actually fund that perpetuation and maintenance, not just a token fee.
Does a Frederick County POA need insurance?
Yes. Any Property Owners' Association covering 20 or more lots must carry a $1,000,000 liability insurance policy under Section 144-302.14.C(4), and its funds must also sit in interest-bearing escrow accounts approved by the Board of Directors, with a bonded treasurer managing the account.
What annual reporting does a Frederick County POA owe lot owners?
Under Section 144-302.14.F(2), the Board of Directors or the managing professional handling fee collection must give lot owners an annual report, following Code of Virginia § 15.2-2256, disclosing every fee collected during the year and how the association disposed of those funds.

Sources & Official References

Other rules in Frederick County

All Frederick County rules

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