Virginia Beach, VA HOA Rules: CC&R Enforcement (2026)

Under Virginia Code §55.1-1819, an association may adopt rules and enforce restrictive covenants through a charge against the owner. The statute caps charges at $50 for single-occurrence violations and $10 per day for continuing violations, with continuing violation charges limited to 90 days in most cases unless the declaration provides otherwise. Before any charge can be imposed, the owner must receive written notice describing the violation, an opportunity to be heard at a hearing, and written notice of the decision. Failure to follow this process invalidates the charge. Self-help remedies like removing a non-conforming structure without court order are generally prohibited. For more serious violations, the association may seek injunctive relief or monetary damages in Virginia Beach Circuit Court, with attorney's fees to the prevailing party. Common disputes in Virginia Beach involve short-term rental restrictions, fence materials, parking of commercial or RV vehicles, boat storage (particularly in communities with canal access), lawn maintenance during summer watering restrictions, and solar panel installations. Selective enforcement is a defense: owners can argue an HOA waived its right by ignoring similar violations. Condo communities follow parallel rules under §55.1-1959 of the Condominium Act.