Virginia guide
Virginia HOA document review
In Virginia, lot-based planned communities are governed by the Property Owners' Association Act (POAA), Va. Code §§55.1-1800 to -1836, which parallels the Condominium Act but is generally less detailed.
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The POAA covers traditional subdivision HOAs — single-family, townhome, and lot-based communities subject to a recorded declaration. Buyers must first identify which act governs: ownership of an airspace unit plus an undivided interest in common elements is a condominium under Chapter 19, while a lot subject to a POA declaration is under Chapter 18. The 2023 Resale Disclosure Act and the mandatory five-year reserve study apply to both, so the review discipline is largely shared, with the emphasis shifting toward common-area maintenance, amenity reserves, and the association's assessment and lien authority.
Which act governs your community
Identify the regime first. A condominium (ownership of a unit plus an undivided interest in common elements) falls under the Virginia Condominium Act (§55.1-1900 et seq.); a lot subject to a recorded POA declaration falls under the POAA (§55.1-1800 et seq.). Both are supervised by the CICB. The POAA mirrors the Condominium Act on reserves, fidelity bonding, and liens, but its provisions are generally less prescriptive, so the recorded declaration and bylaws fill in more of the detail.
Reserves under §55.1-1826
The POAA requires the board to conduct a reserve study at least every five years, review it annually, and adjust the budget to maintain reserves for capital components — the same universal requirement as for condos, with no age or size trigger. As with condos, the statute does not require funding to the recommended level. Read the study's recommended reserve against the actual balance, paying attention to roads, drainage, perimeter walls, and amenities the HOA is responsible for maintaining.
The resale certificate and cancellation right
Since July 1, 2023, the POA disclosure packet was consolidated into the uniform resale certificate under the Resale Disclosure Act (§§55.1-2307 to -2317). The same 14-day delivery rule, 30-item contents, and three-day (contract-extendable) cancellation right apply to HOA-governed communities. Confirm the certificate is complete and that the association's CICB annual report is filed — an association not current on registration may not collect resale-disclosure fees.
Liens and assessment authority
Under §55.1-1833, the POA's perfected assessment lien is prior to subsequent liens except taxes, pre-declaration encumbrances, and prior-recorded mortgages or deeds of trust — there is no 6-month super-priority over a first mortgage. Assessment-approval thresholds and any caps live in the recorded instruments, not the statute, so read the declaration and bylaws for the assessment and special-assessment procedure.
Virginia legal references
- Va. Code §§55.1-1800 to -1836 — Property Owners' Association Act
- Va. Code §55.1-1826 — Reserve study (POAs, at least every 5 years)
- Va. Code §55.1-1833 — POA lien for assessments; foreclosure
- Va. Code §§55.1-2307 to -2317 — Resale Disclosure Act
Informational only. Not legal advice. Always confirm against current statute and counsel.
Need help applying these Virginia statutes to your specific situation? We can connect you with state-licensed counsel and specialists familiar with this exact regulatory environment.
Find a Virginia specialist →Reviewer's checklist
- Confirm whether the community is a condominium (Ch. 19) or a POA-governed HOA (Ch. 18)
- Read the recorded declaration and bylaws for maintenance and assessment authority
- Review the reserve study for roads, drainage, walls, and amenities (§55.1-1826)
- Compare recommended vs. actual reserves — funding is not mandated
- Confirm the resale certificate is complete and delivered within 14 days
- Check that the association's CICB annual report is filed and current
- Read the master or common-area insurance and the fidelity bond coverage
- Review approved special assessments and recent board minutes
- Confirm rental, architectural, and use restrictions in the declaration and rules
- Calendar the three-day (or contract-extended) cancellation window (§55.1-2312)
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Related risk areas
Read these next to round out your due diligence
Reserve studies
A reserve study tells you what the association expects to spend on long-term capital repairs and replacements, and whether it is funding those obligations adequately.
Special assessments
Special assessments are the single largest source of financial surprise in condo and HOA ownership.
Governance risk
An association's governance health is a leading indicator of every other risk.
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