The best way to strategize on short-term rental restrictions is to speak to a board member. At the same time, you can consult the CC&Rs' (Covenants, conditions, and restrictions) advice. Knowing the potential risks of getting around HOA's restrictions is important. And we highly recommend doing it the legal way.
Who governs homeowners associations in Virginia? HOAs are subject to a number of state, federal, and local laws and are governed by a common interest community board that creates and enforces certain rules and regulations contained in the HOA's governing documents.
No, there is not a way to ``leave the HOA'' without moving. The HOA covenants are tied to the property permanently.
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).)
The local law supersedes the rules and regulations of the HOA, meaning that HOAs must ensure they are operating under the law.
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.
The HOA board is responsible for running the association, including duties such as collecting dues, enforcing the rules, and maintaining the common areas. It is equally important for a board to understand the various HOA laws in Virginia that apply to their communities.
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.