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Chesapeake, VA HOA Rules: Board Procedures (2026)

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

Key Facts

Default
Board and committee meetings must be open
Notice
Published where a majority of owners will see it
Individual notice
By written annual request, mail or email
Executive session grounds
Only 4 listed purposes (Sec. 55.1-1816(C))
Closed-session actions
Ineffective until ratified by open vote

Summary

State law, not city ordinance, sets how a Chesapeake HOA board must run its meetings: Sec. 55.1-1816 makes board and committee meetings open to all members, bars using informal work sessions to dodge that requirement, and limits closed executive sessions to personnel matters, legal advice, litigation, rule violations and a member's personal liability, each entered by a recorded open-meeting vote.

A. All meetings of the board of directors, including any subcommittee or other committee of the board of directors, where the business of the association is discussed or transacted shall be open to all members of record. The board of directors shall not use work sessions or other informal gatherings of the board of directors to circumvent the open meeting requirements of this section. ... Except for the election of officers, voting by secret or written ballot in an open meeting shall be a violation of this chapter. C. The board of directors or any subcommittee or other committee of the board of directors may (i) convene in executive session to consider personnel matters; (ii) consult with legal counsel; (iii) discuss and consider contracts, pending or probable litigation, and matters involving violations of the declaration or rules and regulations; or (iv) discuss and consider the personal liability of members to the association, upon the affirmative vote in an open meeting to assemble in executive session.

Source: VA Code §55.1-1800 POA ActView official code

Full Breakdown

Chesapeake imposes no separate board-procedure ordinance on homeowners associations; Sec. 1-1816 of the Property Owners' Association Act supplies the rulebook. Subsection A requires that any meeting where board or committee business is "discussed or transacted" be open to all members of record and forbids the board from using informal gatherings to sidestep that rule; minutes must be recorded and made available under Sec. 1-1815(B). Subsection B requires notice of the time, date and place published where a majority of lot owners can reasonably see it, and a member who files a written request at least once a year is entitled to individual notice by first-class mail or email for board meetings and by email for committee meetings; special or emergency meetings still require notice given contemporaneously with notice to the board itself.

Agenda packets must generally be made available to the membership when they go to the board, members may record any open portion of a meeting subject to reasonable equipment and disclosure rules, and secret or written ballots are barred in open meetings except for electing officers. Subsection C confines executive sessions to four purposes: personnel matters, consulting legal counsel, contracts or pending and probable litigation and declaration or rule violations, and a member's personal liability to the association. Entry requires an affirmative vote taken in open session on a motion that states the specific purpose, and no action taken in the closed session becomes effective until the board reconvenes in open meeting and votes on it, with its substance identified publicly.

Subsection D requires a comment period for members at each meeting, though comments may be limited to agenda topics at a special or limited-agenda meeting.

Violations & Fines

Deciding board business outside an open meeting, or holding an unminuted informal work session to avoid Sec. 55.1-1816's open-meeting rule, breaches the statute, as does voting by secret or written ballot for anything other than electing officers. An executive session called for a purpose outside the four listed grounds, or without a specific, recorded motion and open vote to convene it, is likewise improper, and any action taken in a closed session stays ineffective until ratified by an open vote.

Frequently Asked Questions

Can my Chesapeake HOA board decide things at an informal gathering instead of a meeting?
No. Sec. 55.1-1816(A) makes any gathering where board business is discussed or transacted an open meeting, and it specifically bars the board from using work sessions or other informal gatherings to get around that open-meeting requirement, so decisions still have to happen in a properly noticed, open session.
What can an HOA board legally discuss behind closed doors?
Only four topics under Sec. 55.1-1816(C): personnel matters, consultations with legal counsel, contracts or pending and probable litigation and declaration or rule violations, and a member's personal liability to the association. The board must vote in open session first, stating the specific purpose, and any action taken in the closed session isn't effective until it's ratified by an open vote.
How much notice does a Chesapeake HOA have to give before a board meeting?
Enough notice, published where a majority of lot owners can reasonably find it, per Sec. 55.1-1816(B). A member who submits a written request at least once a year is entitled to individual notice by first-class mail or email for board meetings, and special or emergency meetings must get notice at the same time the board itself receives it.

Sources & Official References

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