Virginia Beach is home to a great many homeowners’ associations and condominium associations, from high-rise buildings at the Oceanfront to planned communities in Kempsville, Great Neck, and Princess Anne. Each one runs on a declaration, bylaws, and state statutes that its board has to follow. Inman & Strickler, P.L.C. has long served community associations, and our attorneys help boards collect assessments, enforce covenants, govern properly, and resolve disputes without losing sight of the community.
Two statutes do most of the work. The Property Owners’ Association Act, starting at Virginia Code § 55.1-1800, governs planned communities and most HOAs. The Virginia Condominium Act, starting at § 55.1-1900, governs condominiums. Your association’s own declaration, bylaws, and rules sit underneath those statutes, and when they conflict, knowing which controls is the first step in any dispute. We help boards read all three together.
A board is only as strong as its documents. We review and interpret declarations and bylaws, draft rules and policies that can actually be enforced, and handle amendments, which often have strict voting and recording requirements. Older Virginia Beach communities often have documents that no longer fit how the community operates, and updating them can prevent disputes later.
Assessments fund everything the association does, and unpaid assessments hurt every owner. Virginia gives associations a statutory lien for unpaid assessments: § 55.1-1833 for planned communities and § 55.1-1966 for condominiums. The statutes impose strict procedures, including notice, timing, and recording requirements, and associations that skip a step can lose lien rights or face challenges. We handle the process from the first demand letter through payment plans, liens, and, when necessary, foreclosure.
Boards have to enforce the rules consistently, and they have to follow the right process. Both statutes limit monetary charges for rule violations to $50 for a single offense or $10 per day for a continuing one, and the associations generally must give owners notice and a chance to be heard first. We advise boards on architectural review, parking and pet rules, exterior changes, nuisance complaints, and when a violation justifies a lawsuit rather than a letter.
Boards make decisions that affect owners’ money and homes, and they are expected to do so openly and carefully. We advise on board duties, conflicts of interest, annual and special meetings, election procedures, and owners’ rights to inspect association records. Following the statutory procedures protects the board and the community when a decision is later challenged.
Coastal buildings and communities wear out faster than most. Roofs, siding, pools, seawalls, elevators, and drainage systems all need replacing, and the statutes call for reserve planning for those capital components. We help boards adopt budgets, approve special assessments where authorized, document reserve decisions, and structure the contracts for large repair projects.
When a new building or community develops water intrusion, structural problems, or other defects, the association usually has to decide whether and how to pursue the builder or developer. We help boards evaluate claims, gather the evidence, work with engineers and consultants, and meet the deadlines that apply. We also review repair contracts so the association does not trade one problem for another.
Resort-area buildings face unusual issues: condo-hotel and rental programs, high turnover, insurance and storm damage, shared amenities, and a mix of full-time and seasonal owners. Rental rules also vary, since an association’s documents and the city’s zoning rules both matter. We help these associations align their governing documents with how the building actually operates.
When a developer hands control of an association to the owners, the board inherits the budget, the reserves, the common areas, and any problems left behind. We help new boards review the developer’s records and the condition of the property so they know what they are taking on and what claims they may have.
If you own a home or condominium in an association, the same documents and statutes bind you. We can help you understand your rights and obligations, including assessments, architectural approval, fines, and access to records, and resolve disagreements in a way that avoids a lien or a lawsuit when possible.
Our work spans the city’s many kinds of communities: Oceanfront and Resort Area condominiums, Sandbridge cottage and townhome communities, planned neighborhoods in Kempsville, Great Neck, and Bayside, and newer developments in Princess Anne and Pungo. Boards in Town Center and Hilltop manage mixed-use buildings and townhome neighborhoods with their own issues. For related needs, see our civil litigation and commercial real estate services.
Our community association attorneys serve associations, boards, and individual owners. Greg Montero handles community association law alongside business, real estate, and estate matters. See our community association law page for more.
Community association law is a core part of our firm’s history, and our attorneys know the statutes, the local courts, and the practical realities boards face. We aim to help associations stay on solid legal ground at a cost the community can afford.
Which law applies to my Virginia Beach association?
Planned communities and most HOAs are governed by the Property Owners’ Association Act, Virginia Code § 55.1-1800 and following. Condominiums are governed by the Virginia Condominium Act, § 55.1-1900 and following. Your declaration and bylaws also apply.
Can an association place a lien on my home for unpaid assessments?
Yes. Virginia Code § 55.1-1833 for planned communities and § 55.1-1966 for condominiums give associations a lien for unpaid assessments, but the associations must follow the statutory procedures.
Can an association fine me for breaking the rules?
Generally yes, if the governing documents authorize it and the association follows the required process. The statutes cap charges at $50 for a single offense or $10 per day for a continuing one.
Does the association have to follow procedures when it enforces its rules?
Yes. Associations generally must give owners notice and a chance to be heard before imposing a charge, and they must follow their own documents and the statutes.
When should a board call an attorney?
Before a dispute becomes a lawsuit: when assessments go unpaid, when a rule violation continues, when the board is amending documents, or when a major repair or defect claim is on the table.
Call us at 757-486-7055 or contact us to talk with a Virginia Beach community association attorney about your association. Inman & Strickler, P.L.C. | 575 Lynnhaven Pkwy #200, Virginia Beach, VA 23452
