Fairfax, VA HOA Rules: Board Governance (2026)

Virginia has a robust statutory framework for community associations that supersedes conflicting provisions in recorded declarations. The Virginia Property Owners Association Act (POAA), codified at Virginia Code Sections 55.1-1800 et seq., applies to most non-condominium HOAs, including those governing subdivisions, planned communities, and townhome developments in the City of Fairfax. The Virginia Condominium Act, VA Code Sections 55.1-1900 et seq., covers condominium associations.

The POAA establishes mandatory governance standards. The board of directors must be elected by the members in accordance with the declaration and bylaws. Regular board meetings and annual membership meetings are required, with notice provided to members. Members have the right to attend open portions of board meetings, though executive sessions are permitted for limited topics (personnel, pending litigation, contracts under negotiation). The association must maintain books and records including meeting minutes, financial statements, member rosters, and governing documents, and members generally have a right to inspect these records upon written request and reasonable notice.

Financial governance is also statutorily regulated. The association must prepare an annual budget, have regular financial statements, and may require annual audits or reviews depending on size. Reserve studies are increasingly expected. Assessments must be levied in accordance with the declaration, and the board's authority to raise assessments, impose special assessments, and collect unpaid assessments is detailed in the POAA.

Dispute resolution is addressed through the Virginia Common Interest Community Board (CICB), established under VA Code Section 54.1-2349. The CICB licenses managers, handles complaints, and administers the Common Interest Community Ombudsman program, which assists owners in understanding their rights and resolving conflicts. Owners can also pursue private enforcement actions in circuit court.

HOA governance documents must be recorded in the land records and run with the land. Amendments require member approval as specified in the declaration. The POAA has evolved substantially, so older HOA documents may need statutory interpretation alongside their original text.