logo logo
  • About Us
    • Our Mission and Vision
    • Our Culture
    • Careers
    • Events
    • Testimonials
  • Practices
    • Business
    • Employment
    • Government
    • Immigration
    • Insurance
    • Intellectual Property
    • Litigation
    • Real Estate
    • Trusts & Estate
    • White Collar
  • Industries
    • Aviation
    • Alcohol & Beverage Law
    • Biotechnology, Life Sciences, & FDA
    • Chinese Patents & Disputes
    • Construction
    • Cyber & Technology
    • Entrepreneurs
    • Financial Institutions
    • Government
    • Healthcare
    • Local Counsel
    • Manufacturing & Industrial
    • Media, Sports & Entertainment
    • National Security
    • Oil & Gas
    • Political and Election Law
    • Private Equity
    • Real Estate
    • Telecommunications
    • Toys & Gaming
  • In The News
  • Professionals
    • Management Team
    • Attorneys
    • Staff
  • Knowledge
    • Blog
    • Case Studies
    • Authors
    • Law Library
    • Video Library
    • Blackletter Podcast
  • Contact
    • Regions
      • North America
      • Asia
      • Europe
    • Offices
      • Atlanta GA
      • Beijing PRC
      • Charleston WV
      • Chicago IL
      • Fort Collins CO
      • Leesburg VA
      • London UK
      • New York NY
      • Pasadena CA
      • San Juan PR
      • Richmond VA
      • Toronto ON
      • Tampa FL
      • Tulsa OK
      • Vienna VA
      • Washington DC
      • Wilmington DE
    • Client Resources

HOA Notices in Virginia

  • Posted on: Jan 4 2018
  • By: dbllawyers

Homeowner associations set rules and regulations for the residents of their communities. These rules are set in place to maintain the community and protect its residents. Residents and homeowners should take care to observe these guidelines, though, many seem to find these rules to be exasperating. The rules and regulations govern many aspects of the community such as;

  • what type of fence you can erect
  • the amount of noise considered “nuisance”
  • where a homeowner may park
  • what types of renovations may be done to your property
  • what types of contractors may be hired

An HOA has the power to enforce these rules as well as reprimand those who disobey them.

POWERS OF THE HOMEOWNER ASSOCIATION

When a homeowner violates the rules and regulations, the HOA is responsible for enforcing them. Their enforcement powers may include the following:

1) Fines

2) Entry onto an owner’s property to determine if violations have occurred

3) Entry onto an owner’s property to correct violations

4) Suspension of homeowner’s use of common facilities

5) Commencement of legal action against the homeowner

6) Placement of a lien on the property

7) A charge of legal fees for any legal action against the homeowner.

Most of the stipulations have a notice provision wherein a notice to the property owner is required prior to the board taking any action. The rules may also require attendance at a meeting. This gives the homeowner a chance to remedy the violation. However, if the violation is not cured within the time allotted, the HOA may take action. If that occurs, contact an attorney immediately.

RECENT LITIGATION REGARDING AN HOA’S LEGAL REACH

The Virginia Attorney General’s Office issued an opinion on whether it is legal under the Virginia Property Owners’ Association Act for an HOA to deactivate a member’s barcode if he/she was over sixty days late in paying an assessment.

Deactivation of the bar code restricts entry into the neighborhood. In this particular case studied by the Attorney General’s Office, there were two access points. One point has a guard posted while the other did not. The barcode was viable at both the front manned gate as well as the back unmanned gate. The back gate, however, is approximately five miles from the front gate. The Attorney General’s office stated that deactivation is not proper where it would endanger the health, safety or property of the homeowner.

Whether the deactivation is proper depends on how far away the homeowner’s property is from the front manned gate. The Attorney General recognized that situations could arise in which the homeowner would need to return to his or her home on an emergency basis. Therefore, limiting access to the back gate for someone who lives near the back gate could endanger the health, safety or property of the homeowner, thus violating the Virginia Property Owners’ Association Act (“POA”). Further, denying use of the back gate via deactivation of bar codes could mean denying direct access to one’s home for certain homeowners. In the event a homeowner fails to pay a special (as opposed to regular) assessment, denying direct access to one’s home would also is a violation of the POA.

Although an Attorney General’s Office opinion is not binding on the Court, it is a persuasive authority.

COMPLIANCE

Residents should abide by the rules and regulations of the HOA at all times. However, if a violation occurs it the duty of the association and the homeowner to attempt to resolve the situation in an agreeable manner. Attorneys can assist in coming to a reasonable resolution that is fair for both sides. If you require legal assistance regarding a dispute with an HOA, contact us to speak with one of our qualified attorneys.

Posted in: Real Estate

Topics

  • Announcements
  • Aviation Law
  • Business Law
  • Commercial Litigation
  • Copyright
  • Corporate Fraud
  • Corporate Transactions
  • Cyber Law
  • Employment Law
  • Estate Planning
  • False Claims
  • Government Contracts
  • Immigration Law
  • Insurance
  • Intellectual Property
  • Intellectual Property – Patents
  • Intellectual Property – Trademarks
  • Internet
  • Licensing
  • Litigation & Disputes
  • Military Justice
  • PTAB
  • Real Estate
  • Security Clearance
  • Trademark
  • TTAB
  • Uncategorized
  • White Collar Crime

Archives

  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • October 2015
  • February 2015
  • December 2014
  • November 2014
  • September 2014
  • August 2014
  • May 2014
  • March 2014
  • February 2014
  • December 2012
  • November 2012
footer-logo
  • 800.747.9354800.747.9354
  • Practice
  • Industries
  • Professionals
  • Management
  • Attorneys
  • Legal
  • About Us
  • Blog
  • Law Library
  • Case Studies
  • Video Library
  • In The News
  • Events
  • Careers
  • Contact
  • Offices

© Dunlap Bennett & Ludwig PLLC