Frederick County, VA HOA Rules: Board Procedures (2026)

14 folds board governance into the subdivision approval process. The deed of dedication that creates the POA must include an article of bylaws providing equal voting rights to every property owner and setting the procedure for electing the association's officers or directors, so the county reviews the voting and election structure before it signs off on the Final Subdivision Plat. Until the developer formally hands control to the elected board, the subdivider itself exercises all POA powers and duties, including assessment and collection of charges, and that handoff is mandatory once 50% of the approved buildable lots have sold; at the moment of transfer, all common areas, easements and improvements must be in good operating condition and the subdivider must notify the Department of Planning and Development that control has passed.

Once a subdivision contains 20 or more lots, the elected Board of Directors takes on specific financial duties: it must approve the interest-bearing escrow accounts where all POA funds are held, and the POA's treasurer, who must be bonded, answers directly to that board by providing annual statements, preparing and submitting an annual budget, and making financial recommendations. The ordinance also gives the county itself oversight power that a board cannot waive: Frederick County retains the right to inspect any common area, easement, stormwater facility or other dedicated facility the board is responsible for, and if the board neglects maintenance to the point of a public health or safety danger, the county can do the work itself and bill the owners for the cost.