Montgomery County, VA HOA Rules: Board Governance (2026)

Montgomery County Code Section 10-32 governs Property Owners Association structure only within land zoned or rezoned to PUD-TND (Planned Unit Development-Traditional Neighborhood Development). The ordinance requires the Master Developer to establish a POA and makes membership mandatory for every property owner in the district; that membership must be written into every deed conveyed after the Concept Plan is approved, so a buyer cannot opt out by contract. A single traditional-neighborhood development may run both a residential Association and a separate commercial Association if the mix of uses calls for it.

Control of the Association stays with the Developer at first: the ordinance sets the handoff point at two-thirds of the lots in the development sold, or an earlier point if the Association's own Articles or Bylaws specify one. Common elements not publicly owned, including open space, recreation areas, plazas, private roads, parking, and stormwater facilities, must be held under a form of ownership set out in private agreements the County Attorney signs off on before they are accepted. This is the county's only ordinance-level HOA governance rule in the unincorporated area; it exists because PUD-TND developments rely on the POA to run infrastructure the county itself never takes over, not because the county otherwise licenses or regulates homeowners associations generally.