Virginia Statewide Rule
Virginia HOA Covenant & Architectural Enforcement (Va. Code § 55.1-1819)
Key Facts
- Governing law
- Va. Code § 55.1-1819
- Enforcement tools
- Charges, suspension, injunction, damages
- Due process
- Notice, chance to correct, hearing (14 days' notice)
- Architectural control
- Flows from declaration + rule-making power
- Attorney fees
- Court costs + fees to prevailing party
Summary
Virginia's § 55.1-1819 empowers a property owners' association to adopt and enforce rules governing the development, including architectural and use restrictions in the recorded declaration. Enforcement requires due process: written notice, a chance to correct, and a hearing with 14 days' notice before charges or suspension of privileges may be imposed.
A. Except as otherwise provided in this chapter, the board of directors shall have the power to establish, adopt, and enforce rules and regulations with respect to use of the common areas and with respect to such other areas of responsibility assigned to the association by the declaration, except where expressly reserved by the declaration to the members. Rules and regulations may be adopted by resolution and shall be reasonably published or distributed throughout the development. At a special meeting of the association convened in accordance with the provisions of the association's bylaws, a majority of votes cast at such meeting may repeal or amend any rule or regulation adopted by the board of directors. Rules and regulations may be enforced by any method normally available to the owner of private property in Virginia, including application for injunctive relief or actual damages, during which the court shall award to the prevailing party court costs and reasonable attorney fees.
Full Breakdown
Section 55.1-1819 authorizes the board to "establish, adopt, and enforce rules and regulations with respect to use of the common areas" and other matters assigned by the declaration. To enforce covenants, including architectural-control provisions that flow from the recorded declaration, the association must give written notice and a chance to correct, then an "opportunity to be heard and to be represented by counsel," with at least 14 days' hearing notice. For violations it may assess charges (capped at $50 per single offense and $10 per day, max 90 days) and may "suspend a member's right to use facilities or services" for assessments over 60 days past due. The board may also seek "injunctive relief or actual damages," with court costs and reasonable attorney fees to the prevailing party.
Violations & Penalties
Charges up to $50 per single offense and $10 per day (capped at 90 days / $900) and suspension of privileges or services after notice and a hearing. The association may also seek injunctive relief or actual damages, with court costs and reasonable attorney fees awarded to the prevailing party.
Frequently Asked Questions
What power does a Virginia HOA have to enforce its covenants?
Can a Virginia HOA enforce architectural restrictions?
Can a Virginia HOA recover attorney fees in a covenant dispute?
Sources
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