State Laws

Homeowner Associations are governed by a chain of governing documents and laws.

  • The Articles of Incorporation filed with the Secretary of State provide the legal basis of the association in the form of an Incorporated Non-Profit Corporation.
  • The recorded map or 'plat' defines each owner's title to property including the association's title to common areas.
  • The CCR's (Covenants, Conditions, and Restrictions) are publicly recorded deed restrictions.
  • The Bylaws are the rules for management and administration.
  • Resolutions are additional rules and regulations that the association may adopt.
  • Federal Laws also apply. Some but not all include the The Fair Housing Act, Internal Revenue Codes, the American Disabilities Act, the Virginia Graeme Baker Pool and Spa Safety Act , the FCC OTARD Rule (Over the Air Reception Devices - Satellite Dishes) and the Fair Debt Collection Practices Act.
  • Information regarding State Laws specific to common interest communities such as condominiums, cooperatives, and homeowner associations are provided below and in the FAQ section of the Resouce Center. In addition there are typically additional state laws that are not specific to Common Interest Communities which require compliance. Some examples include stormwater runoff, coastal development, elevator inspections for condos, and pool operations to name a few.
  • Local Ordinances, while not specific to homeowner associations, apply to building codes, animal control, abandoned cars, water restrictions, etc.
  • Additional legal regulations can exist in the form of case law; standards set by professional organizations such as accountants, engineers, architects, home inspectors, and real estate brokers; as well as lender requirements.

Considerations:

  • State laws affecting Common Interest Communities vary widely.
  • Bills affecting Common Interest Communities are frequently being introduced in state legislatures and may be in different stages of consideration, approval, or enactment.
  • It is not uncommon to find conflicts within or between governing documents such as the covenants and the bylaws. There may also be conflicts between governing documents and statutes. When this occurs, attorneys must often consider applying Rules of Intepretation.
  • Because of the wide variance in state laws, constant changes and possible conflicts in governing documents or statutes, it is strongly recommended that association boards and members seek legal counsel and especially with firms that have expertise or strong practice experience in the area of Common Interest Community law. A good starting point is to check the HOA-USA Partner Directory for your respective state.

Virginia State Laws:

State laws affecting Common Interest Communities are primarily contained in either the statutory laws of the Code of Virginia; or in the state agency rules in the Virginia Administrative Code. Searchable databases of the respective laws and rules can be accessed on the Virginia General Assembly website at http://virginiageneralassembly.gov/ .

The Office of the Common Interest Community Ombudsman offers assistance and information to association members regarding the rights and processes available to them through their associations. Associations subject to the Ombudsman's jurisdiction include Property Owners' Associations, Condominium Associations, and Cooperative Associations. The Ombudsman is responsible for receiving "notices of adverse decision" from association members who allege an association governing body violated common interest community laws or regulations. The Office also receives reports of violations concerning timeshares. Questions may be directed to the Community Association Liaison, Department of Professional & Occupational Regulation (DPOR), P.O. Box 11066., Richmond, VA 23230-1066.(804) 367-2941 More information may be found at http://www.dpor.virginia.gov/CIC-Ombudsman/

The Common Interest Community Board is separate and distinct from the Office of the Ombudsman. The Board is the regulatory body responsible for licensing association managers, certifying certain employees of licensed management firms, receiving annual reports filed by associations, and registering condominium and time-share projects registrations. More information is available on the Common Interest Community Board page. More information may be found at http://www.dpor.virginia.gov/CIC-Ombudsman/

In addition, the State of Virginia requires that a Disclosure Packet Notice be provided to purchasers of lots in a Property Owners Association. Annual Reports and Forms must also be filed by condominium, property owner, cooperative, and time-share associations. Click here for more information: https://webapp.dpor.state.va.us/legal_main.htm