HOA Laws in Virginia: What Boards and Homeowners Need to Know

Updated May 2026  ·  est. 12,000+ HOAs in Virginia

Overview: How Virginia HOA Law Works

Virginia has a dedicated regulatory body -- the Common Interest Community Board (CICB) -- that licenses HOA managers and community association managers, investigates complaints, and provides a dispute resolution process as an alternative to court litigation. The Virginia Property Owners' Association Act (Va. Code § 55.1-1800 et seq.) is one of the more comprehensive HOA statutes in the country, requiring resale disclosure packets, annual financial reports, and providing a 6-month super-priority assessment lien over first mortgages. Virginia HOA managers must hold a CICB license, one of the few such licensing requirements in the country.

Every HOA in Virginia is governed by a combination of state law and its own governing documents - typically the Declaration of Covenants, Conditions, and Restrictions (CC&Rs), bylaws, and rules and regulations. Where state law and governing documents conflict, state law generally controls. Where state law is silent, the governing documents fill the gap.

Key Virginia HOA Laws and Requirements

• Virginia's Property Owners' Association Act (Va. Code § 55.1-1800 et seq.) governs planned community HOAs; the Virginia Condominium Act (Va. Code § 55.1-1900 et seq.) governs condominium associations.
• HOAs must provide a resale disclosure packet to sellers within 14 days of written request; the packet must include governing documents, budget, reserve fund status, and known violations (Va. Code § 55.1-1809).
• Buyers receive a 3-day right of rescission after receiving the complete resale disclosure packet.
• Assessment liens have a 6-month super-priority over first mortgages under Va. Code § 55.1-1833, consistent with the model UCIOA approach.
• Virginia allows non-judicial (trustee's sale) foreclosure of assessment liens under Va. Code § 55.1-1833, which is generally faster than court-supervised foreclosure.
• The Common Interest Community Board (CICB) licenses and oversees HOA managers and provides a complaint and dispute resolution process (Va. Code § 54.1-2345 et seq.).
• Virginia HOAs must provide annual financial reports and budgets to members; board meetings must be open to members with limited executive session exceptions.
• Virginia prohibits HOAs from unreasonably restricting solar energy systems (Va. Code § 55.1-2821) and certain other property uses.

What Virginia Homeowners Have a Right To

Regardless of what any individual HOA's governing documents say, Virginia homeowners in HOA communities generally have the right to:

• Access financial records and meeting minutes (within timeframes set by state law or governing documents)
• Receive notice before fines are imposed and an opportunity to be heard
• Attend board meetings (with limited exceptions for executive sessions)
• Inspect and receive copies of the community's governing documents
• Vote in board elections and on major community decisions
• Receive proper notice before assessments are collected by lien or legal action

Assessment Collection in Virginia

When a homeowner fails to pay assessments in Virginia, the HOA's typical collection process follows these steps:

1. Written notice of delinquency sent to the homeowner
2. Late fees applied after the grace period specified in governing documents (or as set by state law)
3. Lien filed against the property after notice and applicable cure period
4. If unpaid, the HOA may pursue legal action or foreclosure per Virginia law and the governing documents

Virginia's specific procedures, notice periods, and lien priority rules are set by Virginia Property Owners' Association Act (Va. Code § 55.1-1800 et seq.) and the association's governing documents. Boards should consult legal counsel before initiating collection actions.

Fines and Enforcement

Most Virginia HOAs can impose fines for rule violations, but procedural requirements must be followed. In general:

• The homeowner must receive written notice of the alleged violation
• There must be an opportunity to cure the violation or be heard before a fine is imposed
• Fine amounts must be established in the community's schedule of fines (typically in the rules and regulations)
• Fines may be collected as assessments and, if unpaid, can become part of an assessment lien

How Software Helps Virginia Boards Stay Compliant

The procedural requirements under Virginia HOA law - notice before fines, member record access, financial transparency - are exactly what good HOA software automates:

• Violation notices are timestamped and logged automatically, creating the audit trail Virginia law requires
• Payment history is visible to residents in their portal, satisfying member record access rights
• Financial reports can be generated and shared with members on demand
• Document storage keeps governing documents accessible to all members at any time

Frequently Asked Questions: HOA Law in Virginia

What is Virginia's Common Interest Community Board (CICB) and what does it do?

Virginia's Common Interest Community Board (CICB) is a state regulatory agency that licenses and oversees HOA managers, community association managers, and their employers under Va. Code § 54.1-2345 et seq. The CICB also provides a dispute resolution process for homeowners and associations, offering a lower-cost alternative to court litigation for many HOA disputes. Virginia is one of a small number of states with dedicated regulatory oversight of HOA management professionals.

What resale disclosures does Virginia require when selling a home in an HOA?

Under Va. Code § 55.1-1809, a Virginia HOA must provide a resale disclosure packet to a seller within 14 days of a written request. The packet must include the community's governing documents, current budget, reserve fund status, pending special assessments, and any known violations affecting the property. The buyer then has a 3-day right of rescission after receiving the complete packet. Virginia's resale disclosure requirements are among the most detailed in the country.

Can a Virginia HOA foreclose on an assessment lien without going to court?

Yes. Under Va. Code § 55.1-1833, a Virginia HOA may foreclose on an assessment lien through a non-judicial (trustee's sale) process, which is generally faster than court-supervised foreclosure. The association must follow specific statutory notice and waiting period requirements before the trustee's sale can proceed. Virginia's non-judicial foreclosure option makes assessment collection enforcement relatively efficient compared to states that require judicial foreclosure.

What is Virginia's HOA assessment super-priority lien?

Under Va. Code § 55.1-1833, a Virginia HOA's assessment lien has a limited super-priority over first mortgages for up to 6 months of unpaid assessments. This means that in a foreclosure, the HOA can collect up to 6 months of dues before the first mortgage lender is paid. This provision affects how lenders and title companies handle properties in Virginia HOA communities.

Are Virginia HOA managers required to be licensed?

Yes. The Common Interest Community Board (CICB) requires community association managers serving Virginia HOAs and condominium associations to hold a CICB license under Va. Code § 54.1-2345 et seq. This includes passing a licensing exam and completing continuing education. Virginia is one of a small number of states that requires HOA managers to be licensed, giving homeowners an important avenue for recourse if a manager engages in misconduct.