Virginia HOA Laws, Rules, Resources & Information

Summary

Virginia Debt Collection Act , § 2.2-4800 et. seq. The Act regulates debt collection practices at the state level and contains provisions similar to the Federal Debt Collection Practices Act (FDCPA). The Act prohibits debt collectors from using abusive, unfair, or deceptive practices when attempting to collect a debt. HOA fees are considered “debts” under the FDCPA, and homeowners are protected “consumers.” Victims of unfair debt collection practices can file a complaint with the state’s Attorney General’s Office , the FTC , or the CFPB . Under the FDCPA, victims also have the right to sue a debt collector in state or federal court within one year from the date of the violation.

Federal Laws - In addition to state law regulations, the federal government has laws that govern the operation and management of common interest communities in Virginia.

Virginia Fair Housing Law, § 36-96.1 et. seq. This law protects people from housing discrimination based on race, color, religion, national origin, sex, elderliness, familial status, or handicap. The Act provides state-level protections similar to the federal Fair Housing Act (FHA). Victims of housing discrimination can file a complaint through the Virginia Department of Occupational and Regulation or HUD within one (1) year from the discriminatory act. Victims may also file a private lawsuit in the federal district court within two (2) years of the discriminatory act.

Virginia Debt Collection Act , § 2.2-4800 et. seq. The Act regulates debt collection practices at the state level and contains provisions similar to the Federal Debt Collection Practices Act (FDCPA). The Act prohibits debt collectors from using abusive, unfair, or deceptive practices when attempting to collect a debt. HOA fees are considered “debts” under the FDCPA, and homeowners are protected “consumers.” Victims of unfair debt collection practices can file a complaint with the state’s Attorney General’s Office , the FTC , or the CFPB . Under the FDCPA, victims also have the right to sue a debt collector in state or federal court within one year from the date of the violation.

Federal Laws - In addition to state law regulations, the federal government has laws that govern the operation and management of common interest communities in Virginia.

Virginia Fair Housing Law, § 36-96.1 et. seq. This law protects people from housing discrimination based on race, color, religion, national origin, sex, elderliness, familial status, or handicap. The Act provides state-level protections similar to the federal Fair Housing Act (FHA). Victims of housing discrimination can file a complaint through the Virginia Department of Occupational and Regulation or HUD within one (1) year from the discriminatory act. Victims may also file a private lawsuit in the federal district court within two (2) years of the discriminatory act.

The Virginia Nonstock Corporation Act, §§13.1-801 et. seq. The Nonstock Corporation Act governs Nonstock corporations in Virginia with regard to corporate structure and procedure. Most Virginia homeowners’ associations and condominiums are nonstock corporations (incorporated under Virginia law). § 13.1-870.2 applies to both unincorporated and incorporated associations. To check the corporation status of a Virginia association, visit the Virginia Secretary of the Commonwealth.

Virginia Common Interest Communities (Title 54.1 Professions and Occupations, Chapter 23.3). Establishes the Common Interest Community Board and Ombudsman and sets manager licensing requirements.

Virginia Property Owners Association Act (Title 55.1, Chapter 18) - Governs the creation and operation of associations subject to a declaration recorded after January 1, 1959.

Virginia Condominium Act (Title 55.1, Chapter 19) - The Act governs the creation and operation of all condominiums and all horizontal property regimes or condominium projects established after July 1, 1974.

Virginia Condominium Regulations, This chapter governs the exercise of powers granted and the performance of duties imposed upon the Common Interest Community Board by the Virginia Condominium Act (§ 55.1-1900 et seq. of the Code of Virginia) as the act pertains to the registration of condominiums.

Virginia Horizontal Property Act (Title 55.1, Chapter 20) - Applies to condominium projects established before July 1, 1974.

Virginia Common Interest Community Ombudsman Regulations (PDF Unofficial Copy December 11, 2019). This regulation requires that associations set rules for receiving and considering complaints from members and other citizens.

Virginia Covenants Restricting Solar Energy Collection Devices, The Act prohibits community associations in Virginia from preventing an owner from installing a solar energy collection device on that owner's property unless the recorded declaration for that community association establishes such a prohibition. Community associations may only establish reasonable restrictions concerning the size, place, and manner of placement of such solar energy collection devices.

Virginia Real Estate Cooperative Act - Title 55.1, Chapter 21 The Act recognizes and provides a legal framework relating to cooperative ownership in Virginia.