The association is governed by a chain of governing documents listed below:
- The Articles of Incorporation filed with the Secretary of State provide the legal basis of the association in the form of an Incorporated Non-Profit Corporation.
- The recorded map or ‘plat’ defines each owner’s title to property including the association’s title to common areas.
- The CCR’s (Covenants, Conditions, and Restrictions) are publicly recorded deed restrictions.
- The Bylaws are the rules for management and administration.
- Resolutions are additional rules and regulations that the association may adopt.
- Federal Laws also apply. Some but not all include the The Fair Housing Act, Internal Revenue Codes, the American Disabilities Act, and the Fair Debt Collection Practices Act.
- State Laws affecting homeowner associations are primarily contained in either the statutory laws contained in the Code of Virginia; or in the state agency rules in the Virginia Administrative Code. Searchable databases of the respective laws and rules can be accessed on the Virginia General Assembly website at http://legis.state.va.us/ . The following are specific references that apply to homeowner associations and condominiums.
Code of Virginia, the § Virginia Nonstock Corporation Act§ 13.1-801
Code of Virginia, the §Condominium Act§ 55-79.39
Virginia Administrative Code, §Condominium Regulations § Appendix A§, 18 VAC 135-30-10
Code of Virginia, the Virginia Property Owners’ Association Act§ 55-508
Code of Virginia, the § Virginia Real Estate Time-Share Act§, 55-360
Virginia Administrative Code, § Virginia Time-Share Regulations§, 18VAC 135
Code of Virginia, the § Virginia Real Estate Cooperative Act§, 55-424
Code of Virginia, the §Horizontal Property Act§, 55.79.1
Code of Virginia, the §Common Interest Community Management Information Fund§, 55-528. This fund is managed by the Real Estate Commission.
In addition, the State of Virginia requires that a Disclosure Packet Notice be provided to purchasers of lots in a Property Owners Association. Annual Reports and Forms must also be filed by condominium, property owner, cooperative, and time-share associations. These forms may be found at http://webapp.dpor.state.va.us/legal_main.htm
Effective July 1, 2008, the Virginia General Assembly created the Common Interest Community Board and the Office of Common Interest Community Ombudsman at the Department of Professional and Occupational Regulation (DPOR). More information may be found in a FAQ website page at http://www.dpor.virginia.gov/dporweb/CIC_Board_FAQs.pdf
Additional information about common interest communities may be found on the Virginia Community Association Network website. http://webapp.dpor.state.va.us/news_home.htm Questions should be directed to the Community Association Liaison, Department of Professional & Occupational Regulation (DPOR), P.O. Box 11066., Richmond, VA 23230-1066. (804) 367-2941