Once you buy a home that's part of an HOA, you automatically become a member of the HOA. HOA rules are legally binding, and you must adhere to all rules and regulations in the governing document. Yes, there are bylaws that you may not like, but there are no HOA loopholes.
There is no limit to the annual increase- your association must cover it's expenses. If you suspect fraud or mismanagement it's a local legal issue. It's probably not.
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.
§ 55.1-2311. If a resale certificate was issued more than 30 days but less than 12 months before settlement, the seller or the purchaser, upon proof of being the contract purchaser of the unit, may request an updated resale certificate.
5 years. The statute of limitations periods for HOA claims are different for every state. In Virginia, consumer debt such as HOA & Condo fees have a statute of limitations of 5 years.
Many HOAs maintain a website where governing documents are posted. To find HOA rules and regulations online: Navigate to the HOA's official website. Look for sections labeled “Documents,” “Governing Documents,” or “Rules and Regulations.”
Statute of Limitations – The statute of limitations for a violation of a restriction is five (5) years from the time the association “discovered or, through the exercise of reasonable diligence, should have discovered the violation.” (Code. Civ. Pro § 336(b).)
To dissolve an HOA in Virginia, a supermajority vote is typically required from the membership, followed by a legal process that involves settling the association's debts and obligations. State guidelines must be adhered to throughout the dissolution process.
In Virginia, under most circumstances, the statute of limitations is two years; however, there are a variety of circumstances which may delay that.