State Law Guide - Updated January 2026
Virginia HOA Laws and Homeowner Rights
Under Virginia Property Owners' Association Act (Va. Code § 55.1-1800 et seq.), Virginia homeowners have specific rights when facing HOA fines and violations. Written notice with opportunity to cure; 14-day certified mail hearing notice (§ 55.1-1819). Fines are capped at $50.
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Your Rights Under Virginia Property Owners' Association Act
Virginia law provides important protections for homeowners facing HOA enforcement actions. Understanding these rights can help you identify procedural defects that may void improper fines.
Adoption and Enforcement of Rules
$50 fine cap for single offense; $10/day for continuing (90-day max); notice and hearing required
Access to Records and Meetings
Right to inspect association records and attend all meetings
Lien for Assessments
HOA lien procedures; $5,000 minimum debt for foreclosure; 60-day notice required
Compliance with Declaration
Enforcement rights and owner compliance requirements
Board Meetings
All board meetings must be open to members with proper notice
$50 Fine Cap in Virginia
$50 maximum for single offense; $10/day for continuing violations up to 90 days (§ 55.1-1819)
Many HOAs are unaware of or ignore this cap. If your fine exceeds $50, it may be voidable under Virginia law.
Common HOA Violations in Virginia
HOAs can only enforce rules that are properly documented in the governing documents (CC&Rs). Here are common violation types that Virginia homeowners face.
Virginia-Specific Issues
- -historic district exterior modifications
- -Chesapeake Bay preservation
- -hurricane preparedness
- -tree removal (urban)
- -short-term rentals
Common Nationwide Issues
- -architectural modifications
- -landscaping
- -parking
- -noise complaints
- -pet violations
- -rental restrictions
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Virginia HOA Oversight
Common Interest Community Board (CICB) / CIC Ombudsman
Virginia has state-level HOA oversight. You can file complaints and seek assistance for disputes.
Visit Common Interest Community Board (CICB) / CIC OmbudsmanFrequently Asked Questions
How do I dispute an HOA fine in Virginia?
Under Va. Code § 55.1-1819, you must first be given written notice and a reasonable opportunity to correct the violation. If uncorrected, you have the right to a hearing where you can be represented by counsel. The HOA must send hearing notice via certified mail at least 14 days in advance and provide a written decision within 7 days.
What is the maximum HOA fine in Virginia?
Under § 55.1-1819, fines cannot exceed $50 for a single offense or $10 per day for continuing violations. Total charges for continuing violations cannot exceed 90 days. This cap provides significant protection compared to many other states that have no fine limits.
Can my HOA foreclose on my home for unpaid fines in Virginia?
Yes, but with limitations. Under § 55.1-1833, fines become assessments and can result in liens. However, the HOA can only foreclose if the total debt exceeds $5,000 (excluding attorney fees). You must receive notice 60 days before foreclosure and have the right to pay the debt to stop it.
What is the Virginia CIC Ombudsman?
The CIC Ombudsman at the Department of Professional and Occupational Regulation (DPOR) helps homeowners navigate disputes with their associations. They can review complaints about violations of HOA laws, provide referrals to ADR, and issue non-binding determinations. File within 30 days of a Final Adverse Decision with a $25 fee.
Can my HOA fine me without a hearing in Virginia?
No. Section 55.1-1819 requires the HOA to first give you notice and an opportunity to cure, then a hearing where you can present your case and be represented by counsel. The hearing notice must be sent via certified mail at least 14 days in advance. Skipping these steps can make the fine unenforceable.
Where do I file a complaint against my HOA in Virginia?
File a complaint with the CIC Ombudsman at DPOR. They can review complaints about violations of HOA laws (not governing documents), provide referrals to ADR, and issue non-binding determinations. For small claims up to $5,000, file in General District Court. The CIC Board requires HOAs to register and file annual reports.
Official Virginia Resources
- Virginia CIC Ombudsman(Government)
- Virginia Common Interest Community Board(Government)
- Property Owners' Association Act Full Text(Statute)
- Virginia Small Claims Court(Courts)
- Virginia Attorney General Consumer Protection(Government)
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Based on Va. Code § 55.1-1800 et seq.