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.
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.
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 some cases, an HOA can foreclose on property when the owner has fallen behind on paying fees. The law and the association's governing documents will set out the proper procedure. This includes any required notices to the owner.
No, there is not a way to ``leave the HOA'' without moving. The HOA covenants are tied to the property permanently.
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.
HOAs exert authority over various aspects of homeownership, including the use and appearance of backyard spaces. While homeowners technically own their backyard, they must adhere to HOA backyard rules governing landscaping, hardscaping, and architectural modifications.
That means HOAs are permitted to limit or prohibit rentals provided such provisions are duly adopted in their declaration or CC&Rs. This is ing to Section 55.1-1806 of the Virginia Property Owners' Association Act and Section 55.1-1973 of the Virginia inium Act.
The local law supersedes the rules and regulations of the HOA, meaning that HOAs must ensure they are operating under the law.