Statutory Basis: RA 9904 (Magna Carta for Homeowners and Homeowners Associations) and its IRR grant HOAs the right to impose and adjust reasonable fees and assessments. Procedure: Increases require: A board resolution. Proper notice to members.
— Every association of homeowners shall be required to register with the HLURB. This registration shall serve to grant juridical personality to all such associations that have not previously acquired the same by operation of the General Corporation Law or by any other general law.
Under the law, all homeowners are qualified to join a HOA, but they are not required or mandated to be members.
In homeowners association cases, the Complaint shall be filed in the RAB which has jurisdiction over the region where the association is registered with the DHSUD. (Rule 2, Section 7, Rules of Procedure of the Human Settlements Adjudication Commission).
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.
Virginia Property Owners Association Act This act dictates how associations are formed, how they must function, and the ways in which they must comply with the governing documents. It applies to developments subject to a declaration initially recorded after January 1, 1959.
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.
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.
For questions or additional information, please contact the Office of the Common Interest Community Ombudsman at (804) 367-2941 or cicombudsman@dpor.virginia.
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.