Virginia HOA Laws 2026: Property Owners' Association Act Guide

Virginia's Property Owners' Association Act (POAA), codified at Va. Code §§ 55.1-1800 through 55.1-1899, governs HOAs in planned communities across the Commonwealth. Virginia is notable for having some of the most detailed resale disclosure requirements in the country — affecting every real estate transaction in an HOA community.

The Virginia Resale Disclosure Package

When a home in a Virginia HOA is sold, the seller must obtain a Resale Disclosure Packet from the association (Va. Code § 55.1-1810). The packet must include: the current CC&Rs and bylaws, the current budget and most recent annual financial report, a statement of any pending special assessments or capital expenditures, a statement of delinquency and any violations on the property, information about any litigation pending against the association, and the current rules and regulations. The HOA has 14 days to provide the packet.

The Buyer's Right of Rescission

Virginia law gives buyers a 3-day right of rescission after receiving the complete resale packet. This means buyers can cancel a contract within 3 days of receipt without penalty if they don't like what they see in the disclosure documents. Associations that provide incomplete packets may be liable for damages if the buyer later discovers problems that were not disclosed.

Inspection Requirements

Virginia requires that an inspection of the property for violations be performed before the resale packet is issued (Va. Code § 55.1-1810(A)). The inspection must be conducted by an association representative. Any violations must be disclosed in the packet. This creates a powerful incentive for sellers to cure violations before listing.

Annual Meeting and Record Requirements

Virginia POAs must hold an annual meeting of members (Va. Code § 55.1-1815) and must retain records for at least 7 years. Owners have the right to inspect records on 5 business days' advance notice.

Assessment Liens in Virginia

Virginia HOAs may record an assessment lien after providing 30 days' written notice of delinquency. The lien is subordinate to a first mortgage. Before foreclosure, the HOA must file a lawsuit — Virginia requires judicial foreclosure for HOA assessment liens (unlike Texas and Florida, which allow non-judicial foreclosure).