Property Owners Association Bylaws Within A Geographic Area In Fairfax
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FAQ
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.
HOA: Manages amenities and common areas within the confines of a particular community, which may include parks, pools, or clubhouses. POA: Often oversees larger-scale amenities, such as golf courses, recreational facilities, or expansive common areas that serve multiple neighborhoods.
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.
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 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.
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.
In these situations, you can complain directly to this office by filing the CIC Complaint Form, which you can find under the “Forms and Applications” tab here: .dpor.virginia/cic-ombudsman.
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 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.
The Virginia Property Owners' Association Act covers policies mostly for the common areas of a residential development in Virginia. The seller is obligated to provide a written copy of all association documents before a buyer purchases a home. A buyer may cancel within three days of receiving the association documents.