Published October 25, 2026
A Virginia property owners’ association can charge you for a rule violation only if its declaration or rules expressly allow it, and the Act caps the charge at $50 for a single offense or $10 a day for a continuing one, for no more than 90 days. Before any charge, the board has to give you written notice, a reasonable chance to fix the problem, and a hearing at which you can bring a lawyer.
This guide reads the sections of the Code of Virginia on association rules, charges and records, as they appeared on the Virginia Legislative Information System on October 22, 2026. It is for owners and buyers in associations in the city of Richmond, Henrico County and Chesterfield County. The Act covers property owners’ associations, not condominiums, which follow a different law described in our guide to the condominium resale certificate. This is general information, not legal advice.
What the board may do
- Make and enforce rules. The board may adopt rules for the common areas and for other areas the declaration assigns to the association, unless the declaration reserves the matter to members. Rules can be adopted by resolution and must be reasonably published or distributed throughout the development (§ 55.1-1819).
- Sue like any private owner. Rules can be enforced by any method normally available to a private property owner in Virginia, including an injunction or actual damages.
- Suspend facilities, if the documents say so. For assessments more than 60 days past due, the board may suspend a member’s right to use facilities or services, including utilities provided directly through the association, if the declaration or rules expressly allow it.
- Charge for violations, if the documents say so. This includes violations by family members, tenants, guests and other invitees.
What the board may not do
- Block access to the lot through the common areas, or suspend anything that would endanger the health, safety or property of an owner, tenant or occupant.
- Charge before giving written notice, a reasonable chance to correct and, if the problem remains, a hearing.
- Charge more than the statutory cap, set out in the table below.
- Keep adding charges once a lawsuit has been filed by either side.
- Single out some owners for a charge unless it is a fee for services provided, related to use of the common area, or a fee the Act expressly authorizes (§ 55.1-1805). The same section lets the Common Interest Community Board assess a monetary penalty against an association that breaks it.
The notice, hearing and dollar limits in one place
| Rule | What the Code says |
|---|---|
| Written notice of the violation | Sent to the member at the address used for meeting notices, with a reasonable opportunity to correct |
| Hearing | If uncorrected, the member can be heard and represented by counsel before the board or other tribunal named in the documents |
| Notice of hearing | At least 14 days before, hand delivered or sent by registered or certified mail, return receipt requested, and it must describe the actions the association may take |
| Result of hearing | Delivered the same way within seven days of the hearing |
| Single offense | Not more than $50 |
| Continuing offense | Not more than $10 a day, and not for a period over 90 days, so $900 at most |
| After a lawsuit is filed | No additional charges accrue |
| Lien treatment | A charge is treated as an assessment against the lot for the lien statute |
Source: § 55.1-1819, Code of Virginia, read at law.lis.virginia.gov on October 22, 2026. The $900 ceiling is our arithmetic: $10 a day for 90 days.
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If you receive a violation letter: five steps
- Read the notice for what it asks. Note the rule cited, what must be corrected and the date, and the address on file with the association for notices.
- Fix it and document the fix. The statute gives a reasonable opportunity to correct before any action. Photograph the correction and send it in writing.
- Use the hearing. If the violation is still in dispute, you can be heard and have counsel. Ask what actions the association says it may take, since the hearing notice must list them.
- Watch for the result letter. It is due within seven days of the hearing by hand delivery or registered or certified mail.
- If a suit is filed, respond to it. In general district court the court may enter default judgment on the association’s sworn affidavit. A default judgment can become a lien on real estate; see our guide to the judgment lien and lis pendens on a Virginia home sale.
If a charge is unpaid, it can feed the association’s lien on the lot. Our companion guide on the HOA assessment lien explains how that lien is perfected and foreclosed, and our guide to getting a mortgage released after payoff covers the release clock that applies once a lien is paid.
Records and meetings you can ask for
§ 55.1-1815 gives a member in good standing the right to examine and copy the association’s books and records for a proper purpose related to membership. The request goes in writing with five business days’ notice for an association managed by a common interest community manager and 10 business days for a self-managed one. The association can charge only actual costs under a board-adopted schedule. It can withhold certain categories: personnel matters, current contract negotiations, pending or probable litigation, executive session records, attorney communications and other owners’ individual files.
The Act also sets meeting rules. Annual and regularly scheduled meetings get at least 14 days’ notice, other meetings at least seven. Draft minutes of the board must be open for inspection within 60 days of the meeting or when they go to board members in the next agenda package, whichever is first. For a buyer, the minutes and the lot’s assessment account are where violations, pending charges and planned projects show up.
Where to take a dispute
A declaration may provide for arbitration or other dispute resolution, held in the county or city where the development is or as the parties agree (§ 55.1-1828). Outside the courts, the Office of the Common Interest Community Ombudsman at DPOR helps members understand their rights and the processes available, provides referrals to dispute resolution services, and receives notices of final adverse decisions. It says it cannot give legal advice, and its page notes that it is separate from the Common Interest Community Board, which licenses association managers.
What a buyer should read first
Ask for the rules in force, the fine schedule if the documents have one, and the assessment account for the lot, including any charges or open violations on it. Our guide to the HOA documents to read before you sign covers the full list, and the resale certificate and a golf or club obligation guide covers a related question. If you are comparing homes in associations, you can browse homes for sale and request the association documents for any home you like before you make an offer.
Get the Richmond closing-timeline checklist
Ask for the checklist and we will send the closing timeline, including where association document review fits, whether or not you work with us.
Frequently asked questions
Can an association fine me for what my tenant or guest does?
Yes, if the declaration or rules expressly allow charges. § 55.1-1819 lets the board assess charges against a member for any violation for which the member or the member’s family members, tenants, guests or other invitees are responsible. The same notice, cure and hearing steps apply, and the same dollar caps.
Does the board have to hold a hearing before every charge?
Before any action authorized by that section is taken, the member must get written notice of the alleged violation and a reasonable opportunity to correct it. If the violation remains uncorrected, the member must be given an opportunity to be heard and to be represented by counsel. Notice of the hearing goes out at least 14 days ahead, by hand delivery or by registered or certified mail, return receipt requested.
Can the association keep adding daily charges while a lawsuit is pending?
No. After the date an action is filed in general district or circuit court, either by the association to collect the charges or by the owner challenging them, no additional charges accrue. If the court rules for the association, it can collect the charges from the filing date plus the charges assessed before the action. If the violation is still uncorrected, the court may order the owner to abate or remedy it.
Can the board change the rules without a member vote?
The board can adopt and enforce rules for the common areas and for other areas the declaration assigns to the association, by resolution, unless the declaration reserves a matter to the members. The rules must be reasonably published or distributed throughout the development. At a special meeting called under the bylaws, a majority of votes cast can repeal or amend a board rule.
Can the association cut off my utilities or my access to the lot?
It cannot block access to the lot through the common areas. Under § 55.1-1819, the board may suspend a member’s right to use facilities or services, including utility services provided directly through the association, for assessments more than 60 days past due, only if the declaration or rules expressly say so. A suspension also cannot endanger the health, safety or property of any owner, tenant or occupant.
How do I see the association’s financial records, and what will it cost?
Under § 55.1-1815, a member in good standing, or an authorized agent, can examine and copy the association’s books and records for a proper purpose related to membership. The member gives five business days’ written notice if the association is managed by a common interest community manager and 10 business days if it is self-managed. The association can charge only actual costs under a board-adopted cost schedule that applies to all members and is given to the requester when the request is made.
Who pays the legal fees if the association and an owner end up in court?
The prevailing party. § 55.1-1819 directs the court to award court costs and reasonable attorney fees to the prevailing party when rules are enforced, and § 55.1-1828 gives the prevailing party in an action under the chapter the right to recover reasonable fees, costs and interest, including in an action against the association. For an owner with repeat nonpayment, subsection B of that section awards fees to the association even if the case settles before judgment.
