For volunteer board members
Virginia HOA Rules for Board Members (2026)
Serving on a Virginia HOA board means making calls that affect your neighbors, usually with no training. This page sums up what Virginia law says about the parts boards ask about most, in plain English, with the statute section and an official link beside every rule.
Virginia property owners' associations (HOAs) under the Property Owners' Association Act, Va. Code Title 55.1, Chapter 18: developments with a declaration recorded after January 1, 1959. Condominiums follow the Condominium Act (Chapter 19), which has the same violation steps in §55.1-1959; Kindly Board's letters cite the POA Act, so a condominium board should swap in the §55.1-1959 cites. Charges for violations are allowed only if your declaration or duly adopted rules expressly provide for them.
- Kindly Board's suggested check-in on the correction (not a Virginia rule): virginia sets no number of days for the owner's reasonable opportunity to correct. This is only a 14-day reminder to check whether it's corrected; the correct-by date you wrote in the notice controls, and what is reasonable depends on the violation.
- Earliest hearing date (14 days after the hearing notice): the hearing notice must be hand delivered or mailed by registered or certified mail, return receipt requested, at least 14 days before the hearing. Under §1-210 the hearing day isn't counted; the day the notice goes out may be. Holding the hearing later than this date is always fine.
- Hearing result due (7 days after the hearing): within seven days of the hearing, hand deliver or mail (registered or certified, return receipt requested) the hearing result. The hearing day isn't counted (§1-210).
Updated October 2026. Not legal advice.
Key Virginia deadlines at a glance
| Deadline | What the law says |
|---|---|
| Kindly Board's suggested check-in on the correction (not a Virginia rule) | Virginia sets no number of days for the owner's reasonable opportunity to correct. This is only a 14-day reminder to check whether it's corrected; the correct-by date you wrote in the notice controls, and what is reasonable depends on the violation. Va. Code §55.1-1819(C); §55.1-1815(G) |
| Earliest hearing date (14 days after the hearing notice) | The hearing notice must be hand delivered or mailed by registered or certified mail, return receipt requested, at least 14 days before the hearing. Under §1-210 the hearing day isn't counted; the day the notice goes out may be. Holding the hearing later than this date is always fine. Va. Code §55.1-1819(C) |
| Hearing result due (7 days after the hearing) | Within seven days of the hearing, hand deliver or mail (registered or certified, return receipt requested) the hearing result. The hearing day isn't counted (§1-210). Va. Code §55.1-1819(C) |
| Last day of charges for a continuing offense (90-day limit) | Charges for an offense of a continuing nature may not be assessed for more than 90 days. Counting the first charge day as day 1, this is day 90; no charges after it. Charges also stop the day a court action is filed. Va. Code §55.1-1819(D) |
Which Virginia law applies
The Property Owners' Association Act applies to developments subject to a declaration initially recorded after January 1, 1959, and to associations organized after that date. Where the declaration is silent, the Act's provisions apply. It does not apply to condominiums, cooperatives, time-shares or membership campgrounds.
The board may assess charges against a member for a violation of the declaration or rules (including violations by the member's family, tenants, guests or other invitees) only to the extent the declaration, or rules duly adopted under it, expressly so provide.
The Virginia Condominium Act has the same violation steps in §55.1-1959: written notice and a reasonable opportunity to correct, a hearing notice at least 14 days ahead by hand or registered or certified mail with return receipt, the result within seven days, and the same $50, $10 per day and 90-day limits. Notices go to the address used for meeting notices under §55.1-1949.
How Virginia counts days
When an act of the General Assembly requires an act to be performed a prescribed time before a proceeding, the day of the proceeding is not counted, but the day the act is performed may be. When an act must be performed within a prescribed time after an event, the day of the event is not counted. The weekend and holiday extension in this section applies to acts during a judicial proceeding and to the time for bringing a legal action.
Virginia's legal holidays: New Year's Day, Martin Luther King, Jr., Day (third Monday in January), George Washington Day (third Monday in February), Memorial Day (last Monday in May), Juneteenth (June 19), Independence Day, Labor Day, Columbus Day and Yorktown Victory Day (second Monday in October), Election Day (Tuesday after the first Monday in November), Veterans Day (November 11), Thanksgiving Day and the Friday after, and Christmas Day. A holiday on a Saturday is observed the Friday before; on a Sunday, the Monday after. Days appointed by the Governor or the President are also legal holidays.
Violation notices and the chance to fix in Virginia
Before any charge or suspension, the member must be given a reasonable opportunity to correct the alleged violation after written notice of it, sent to the address required for meeting notices under §55.1-1815: the lot's address by U.S. mail unless the member has given the association another address.
Hearings in Virginia
Notice of the hearing, including the actions the association may take, must be hand delivered or mailed by registered or certified mail, return receipt requested, to the member at the address of record with the association at least 14 days before the hearing.
Within seven days of the hearing, the hearing result must be hand delivered or mailed by registered or certified mail, return receipt requested, to the member at the address of record.
If the violation remains uncorrected, the member must be given an opportunity to be heard, and to be represented by counsel, before the board of directors or the other tribunal named in the documents.
Assessments, late fees and liens in Virginia
Charges may not exceed $50 for a single offense or $10 per day for an offense of a continuing nature, and are not limited to the association's expense or damage. Total charges for a continuing offense may not be assessed for a period exceeding 90 days. Charges are treated as an assessment against the lot for lien purposes (§55.1-1833).
Suspension of a member's right to use facilities or services is allowed only for assessments more than 60 days past due, only if the documents expressly provide for it, and never in a way that blocks access to the lot or endangers health, safety or property. It is not a tool for rule violations.
The Act's general permission to send notices electronically does not apply to any notice related to an enforcement action, an assessment lien or lien foreclosure. Don't rely on email alone for a violation or hearing notice.
Meetings and votes in Virginia
The board (or a committee) may meet in executive session to discuss matters involving violations of the declaration or rules, after an affirmative vote in an open meeting on a motion stating the specific purpose; the motion and purpose go in the minutes. No action agreed to in executive session takes effect unless the board reconvenes in open meeting and votes on it, with its substance reasonably identified.
All board meetings, and meetings of any committee of the board where association business is discussed or transacted, are open to all members of record. Notice of the time, date and place of each meeting must be published where reasonably calculated to be available to a majority of lot owners.
Other rules boards should know
Rules and regulations may be adopted by resolution and must be reasonably published or distributed throughout the development.
The board may file legal action in general district or circuit court for relief, including an injunction, for a violation. After an action is filed by the association (through counsel) to collect charges or obtain an injunction, or by the owner challenging the charges, no additional charges accrue. When rules are enforced in court, the court awards the prevailing party court costs and reasonable attorney fees.
Step by step: a Virginia violation case
The order Kindly Board walks a Virginia board through, from the first look to the last letter.
- Check before you start Every case
Make sure the Virginia rules fit, your documents allow charges, and the rule is one you can enforce. - Courtesy reminder Optional
Optional friendly reminder. It is not the written notice Virginia requires. - Written notice and a reasonable opportunity to correct Required before any charge
Required. Written notice to the owner's address of record, with a reasonable time to correct. Not by email alone. - Hearing notice and hearing Before any charge, if not corrected
Required if it stays uncorrected. Hearing notice by hand or registered/certified mail, return receipt requested, at least 14 days before the hearing. - Decide in an open meeting and send the result Before any charge
Any action agreed in executive session takes effect only after an open-meeting vote. Send the result within 7 days of the hearing. - Charges Only after the hearing
Up to $50 for a single offense, or up to $10 per day for a continuing one, for no more than 90 days, as your documents allow. - Close the case Every case
Confirm the correction and keep the file.
Virginia HOA rules: FAQ
What HOA law applies in Virginia?
Virginia property owners' associations (HOAs) under the Property Owners' Association Act, Va. Code Title 55.1, Chapter 18: developments with a declaration recorded after January 1, 1959. Condominiums follow the Condominium Act (Chapter 19), which has the same violation steps in §55.1-1959; Kindly Board's letters cite the POA Act, so a condominium board should swap in the §55.1-1959 cites. Charges for violations are allowed only if your declaration or duly adopted rules expressly provide for them. The main sources: the Virginia Property Owners' Association Act (Va. Code §55.1-1819).
How are days counted for Virginia HOA deadlines?
Virginia counts calendar days: the hearing day isn't counted for the 14-day notice, and the hearing day isn't counted for the 7-day result. No weekend or holiday extension is promised for association notices, so plan to act before a deadline that lands on one.
What are the key deadlines in a Virginia HOA violation case?
Kindly Board's suggested check-in on the correction (not a Virginia rule): virginia sets no number of days for the owner's reasonable opportunity to correct. This is only a 14-day reminder to check whether it's corrected; the correct-by date you wrote in the notice controls, and what is reasonable depends on the violation. (Va. Code §55.1-1819(C); §55.1-1815(G)) Earliest hearing date (14 days after the hearing notice): the hearing notice must be hand delivered or mailed by registered or certified mail, return receipt requested, at least 14 days before the hearing. Under §1-210 the hearing day isn't counted; the day the notice goes out may be. Holding the hearing later than this date is always fine. (Va. Code §55.1-1819(C)) Hearing result due (7 days after the hearing): within seven days of the hearing, hand deliver or mail (registered or certified, return receipt requested) the hearing result. The hearing day isn't counted (§1-210). (Va. Code §55.1-1819(C)) Last day of charges for a continuing offense (90-day limit): charges for an offense of a continuing nature may not be assessed for more than 90 days. Counting the first charge day as day 1, this is day 90; no charges after it. Charges also stop the day a court action is filed. (Va. Code §55.1-1819(D))
What does Virginia law say about violation hearings?
Notice of the hearing, including the actions the association may take, must be hand delivered or mailed by registered or certified mail, return receipt requested, to the member at the address of record with the association at least 14 days before the hearing. (Va. Code §55.1-1819(C))