For questions or additional information, please contact the Office of the Common Interest Community Ombudsman at (804) 367-2941 or cicombudsman@dpor.virginia.
The Virginia Property Owners Association Act (POAA) provides the primary legal structure for the creation, management, and operation of HOAs within the state. This act dictates how associations are formed, how they must function, and the ways in which they must comply with the governing documents.
Homeowners can sue a board member of an HOA in Virginia if they believe there has been a violation of the governing documents or state law. Legal action must be based on specific grievances, such as breach of fiduciary duty or failure to follow the association's rules.
Many associations have communication channels in place so that homeowners can talk to the board or the community manager about any issues. However, if you wish to file a complaint against your HOA, you can do so with the Office of the Common Interest Community Ombudsman.
A homeowner association (or homeowners' association HOA, sometimes referred to as a property owners' association POA, common interest development CID, or homeowner community) is a private, legally-incorporated organization that governs a housing community, collects dues, and sets rules for its residents.
Homeowners often ask whether local laws supersede the rules and regulations set forth by their homeowner association (HOA). The short answer is yes, local laws do supersede HOA rules.
Board of Directors and Officers The Board of Directors is the cornerstone of an HOA's governance structure. They hold the responsibility for overseeing the association's affairs in ance with Texas law and the association's own governing documents.
Homeowners have the right to challenge the HOA if the HOA is not following its governing documents or the law. However, before filing a lawsuit, homeowners are usually required to participate in dispute resolution through either internal dispute resolution (IDR) or alternative dispute resolution (ADR).
House Bill 614 guarantees your right to a hearing before the HOA board to contest the violation or the proposed fine. This ensures a fair and transparent process where you can voice your concerns and advocate for your interests.
There is no Texas state agency that oversees property owners' associations. Talking to the board or checking the association's rules can sometimes resolve misunderstandings and disagreements. The association's governing documents will often provide a way to submit a complaint directly to the association.