Norfolk HOAs enforce CCRs through notice, fines, and ultimately lawsuits under the Virginia POA Act. Due process requires written notice, opportunity to be heard, and consistent enforcement.
Under VA Code 55.1-1819, Norfolk HOAs may assess charges (fines) against members for violations of the declaration, bylaws, or rules, but only after notice and an opportunity for a hearing before the board or a committee. Fines are limited to 50 dollars per single violation or 10 dollars per day for continuing violations, not to exceed 900 dollars per continuing violation, per the POA Act. Enforcement must be consistent; selective enforcement can be a defense. Associations can seek injunctive relief and damages in court for serious or ongoing violations. Governing documents often authorize attorney fees. Self-help remedies (such as entering private property) are generally not permitted without specific authority and proper notice.
HOA procedural violations: fines invalidated, award of attorney fees to owner. Owner violations: escalating fines, injunctive relief, judgment liens.
See how Norfolk's cc&r enforcement rules stack up against other locations.
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