{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-1819.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-1819.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-1819.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-1819.html"}],"law_id":77313,"edition_id":1,"section_id":77313,"structure_id":14602,"section_number":"55.1-1819","catch_line":"Adoption and enforcement of rules","history":"1989, c. 679, \u00a7 55-513; 1991, c. 667; 1993, c. 956; 1994, c. 368; 1997, cc. 173, 417; 2000, cc. 846, 905; 2002, c. 509; 2008, cc. 851, 871; 2011, cc. 372, 378; 2014, c. 784; 2019, c. 712; 2021, Sp. Sess. I, c. 131.","full_text":"A\n\nExcept as otherwise provided in this chapter, the board of directors shall have the power to establish, adopt, and enforce rules and regulations with respect to use of the common areas and with respect to such other areas of responsibility assigned to the association by the declaration, except where expressly reserved by the declaration to the members. Rules and regulations may be adopted by resolution and shall be reasonably published or distributed throughout the development. At a special meeting of the association convened in accordance with the provisions of the association’s bylaws, a majority of votes cast at such meeting may repeal or amend any rule or regulation adopted by the board of directors. Rules and regulations may be enforced by any method normally available to the owner of private property in Virginia, including application for injunctive relief or actual damages, during which the court shall award to the prevailing party court costs and reasonable attorney fees.B\n\nThe board of directors shall also have the power, to the extent the declaration or rules and regulations duly adopted pursuant to such declaration expressly so provide, to (i) suspend a member’s right to use facilities or services, including utility services, provided directly through the association for nonpayment of assessments that are more than 60 days past due, to the extent that access to the lot through the common areas is not precluded and provided that such suspension shall not endanger the health, safety, or property of any owner, tenant, or occupant, and (ii) assess charges against any member for any violation of the declaration or rules and regulations for which the member or his family members, tenants, guests, or other invitees are responsible.C\n\nBefore any action authorized in this section is taken, the member shall be given a reasonable opportunity to correct the alleged violation after written notice of the alleged violation to the member at the address required for notices of meetings pursuant to § 55.1-1815. If the violation remains uncorrected, the member shall be given an opportunity to be heard and to be represented by counsel before the board of directors or other tribunal specified in the documents.\n\t\t\tNotice of a hearing, including the actions that may be taken by the association in accordance with this section, shall be hand delivered or mailed by registered or certified mail, return receipt requested, to the member at the address of record with the association at least 14 days prior to the hearing. Within seven days of the hearing, the hearing result shall be hand delivered or mailed by registered or certified mail, return receipt requested, to the member at the address of record with the association.D\n\nThe amount of any charges so assessed shall not be limited to the expense or damage to the association caused by the violation, but shall not exceed $50 for a single offense or $10 per day for any offense of a continuing nature, and shall be treated as an assessment against the member’s lot for the purposes of § 55.1-1833. However, the total charges for any offense of a continuing nature shall not be assessed for a period exceeding 90 days.E\n\nThe board of directors may file or defend legal action in general district or circuit court that seeks relief, including injunctive relief arising from any violation of the declaration or duly adopted rules and regulations.F\n\nAfter the date an action is filed in the general district or circuit court by (i) the association, by and through its counsel, to collect the charges or obtain injunctive relief and correct the violation or (ii) the lot owner challenging any such charges, no additional charges shall accrue. If the court rules in favor of the association, the association shall be entitled to collect such charges from the date the action was filed as well as all other charges assessed pursuant to this section against the lot owner prior to the action. In addition, if the court finds that the violation remains uncorrected, the court may order the lot owner to abate or remedy the violation.G\n\nIn any action filed in general district court pursuant to this section, the court may enter default judgment against the lot owner on the association’s sworn affidavit.","order_by":null,"text":{"0":{"id":277294,"text":"Except as otherwise provided in this chapter, the board of directors shall have the power to establish, adopt, and enforce rules and regulations with respect to use of the common areas and with respect to such other areas of responsibility assigned to the association by the declaration, except where expressly reserved by the declaration to the members. Rules and regulations may be adopted by resolution and shall be reasonably published or distributed throughout the development. At a special meeting of the association convened in accordance with the provisions of the association’s bylaws, a majority of votes cast at such meeting may repeal or amend any rule or regulation adopted by the board of directors. Rules and regulations may be enforced by any method normally available to the owner of private property in Virginia, including application for injunctive relief or actual damages, during which the court shall award to the prevailing party court costs and reasonable attorney fees.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":277295,"text":"The board of directors shall also have the power, to the extent the declaration or rules and regulations duly adopted pursuant to such declaration expressly so provide, to (i) suspend a member’s right to use facilities or services, including utility services, provided directly through the association for nonpayment of assessments that are more than 60 days past due, to the extent that access to the lot through the common areas is not precluded and provided that such suspension shall not endanger the health, safety, or property of any owner, tenant, or occupant, and (ii) assess charges against any member for any violation of the declaration or rules and regulations for which the member or his family members, tenants, guests, or other invitees are responsible.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":277296,"text":"Before any action authorized in this section is taken, the member shall be given a reasonable opportunity to correct the alleged violation after written notice of the alleged violation to the member at the address required for notices of meetings pursuant to § 55.1-1815. If the violation remains uncorrected, the member shall be given an opportunity to be heard and to be represented by counsel before the board of directors or other tribunal specified in the documents.\n\t\t\tNotice of a hearing, including the actions that may be taken by the association in accordance with this section, shall be hand delivered or mailed by registered or certified mail, return receipt requested, to the member at the address of record with the association at least 14 days prior to the hearing. Within seven days of the hearing, the hearing result shall be hand delivered or mailed by registered or certified mail, return receipt requested, to the member at the address of record with the association.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":277297,"text":"The amount of any charges so assessed shall not be limited to the expense or damage to the association caused by the violation, but shall not exceed $50 for a single offense or $10 per day for any offense of a continuing nature, and shall be treated as an assessment against the member’s lot for the purposes of § 55.1-1833. However, the total charges for any offense of a continuing nature shall not be assessed for a period exceeding 90 days.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":277298,"text":"The board of directors may file or defend legal action in general district or circuit court that seeks relief, including injunctive relief arising from any violation of the declaration or duly adopted rules and regulations.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":277299,"text":"After the date an action is filed in the general district or circuit court by (i) the association, by and through its counsel, to collect the charges or obtain injunctive relief and correct the violation or (ii) the lot owner challenging any such charges, no additional charges shall accrue. If the court rules in favor of the association, the association shall be entitled to collect such charges from the date the action was filed as well as all other charges assessed pursuant to this section against the lot owner prior to the action. In addition, if the court finds that the violation remains uncorrected, the court may order the lot owner to abate or remedy the violation.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":277300,"text":"In any action filed in general district court pursuant to this section, the court may enter default judgment against the lot owner on the association’s sworn affidavit.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":14602,"edition_id":1,"name":"Operation and Management of Association","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":13840,"metadata":{},"date_created":"2026-06-26 03:48:50","date_modified":"2026-06-26 03:48:50","permalink":{"id":246517,"object_type":"structure","relational_id":14602,"identifier":"3","token":"55.1\/IV\/18\/3","url":"\/55.1\/IV\/18\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13840,"edition_id":1,"name":"Property Owners' Association Act","identifier":"18","label":"chapter","depth":3,"order_by":1,"parent_id":12914,"metadata":{},"date_created":"2026-06-26 03:46:02","date_modified":"2026-06-26 03:46:02","permalink":{"id":246475,"object_type":"structure","relational_id":13840,"identifier":"18","token":"55.1\/IV\/18","url":"\/55.1\/IV\/18\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12914,"edition_id":1,"name":"Common Interest Communities","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12707,"metadata":{},"date_created":"2026-06-26 03:44:01","date_modified":"2026-06-26 03:44:01","permalink":{"id":246473,"object_type":"structure","relational_id":12914,"identifier":"IV","token":"55.1\/IV","url":"\/55.1\/IV\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12707,"edition_id":1,"name":"Property and Conveyances","identifier":"55.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":244769,"object_type":"structure","relational_id":12707,"identifier":"55.1","token":"55.1","url":"\/55.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":82116,"structure_id":14602,"section_number":"55.1-1815","catch_line":"Access to association records; association meetings; notice","url":"\/55.1-1815\/","token":"55.1\/IV\/18\/3\/55.1-1815","metadata":false},{"id":58953,"structure_id":14602,"section_number":"55.1-1816","catch_line":"Meetings of the board of directors","url":"\/55.1-1816\/","token":"55.1\/IV\/18\/3\/55.1-1816","metadata":false},{"id":71423,"structure_id":14602,"section_number":"55.1-1817","catch_line":"Distribution of information by members","url":"\/55.1-1817\/","token":"55.1\/IV\/18\/3\/55.1-1817","metadata":false},{"id":74786,"structure_id":14602,"section_number":"55.1-1818","catch_line":"Common areas; notice of pesticide application","url":"\/55.1-1818\/","token":"55.1\/IV\/18\/3\/55.1-1818","metadata":false},{"id":77313,"structure_id":14602,"section_number":"55.1-1819","catch_line":"Adoption and enforcement of rules","url":"\/55.1-1819\/","token":"55.1\/IV\/18\/3\/55.1-1819","metadata":false},{"id":62295,"structure_id":14602,"section_number":"55.1-1819.1","catch_line":"Limitation of smoking in development","url":"\/55.1-1819.1\/","token":"55.1\/IV\/18\/3\/55.1-1819.1","metadata":false},{"id":77241,"structure_id":14602,"section_number":"55.1-1820","catch_line":"Display of the flag of the United States; necessary supporting structures; affirmative defense","url":"\/55.1-1820\/","token":"55.1\/IV\/18\/3\/55.1-1820","metadata":false},{"id":84984,"structure_id":14602,"section_number":"55.1-1820.1","catch_line":"Installation of solar energy collection devices","url":"\/55.1-1820.1\/","token":"55.1\/IV\/18\/3\/55.1-1820.1","metadata":false},{"id":56111,"structure_id":14602,"section_number":"55.1-1821","catch_line":"Home-based businesses permitted; compliance with local ordinances","url":"\/55.1-1821\/","token":"55.1\/IV\/18\/3\/55.1-1821","metadata":false},{"id":80736,"structure_id":14602,"section_number":"55.1-1822","catch_line":"Use of for sale signs in connection with sale","url":"\/55.1-1822\/","token":"55.1\/IV\/18\/3\/55.1-1822","metadata":false},{"id":81871,"structure_id":14602,"section_number":"55.1-1823","catch_line":"Designation of authorized representative","url":"\/55.1-1823\/","token":"55.1\/IV\/18\/3\/55.1-1823","metadata":false},{"id":67080,"structure_id":14602,"section_number":"55.1-1823.1","catch_line":"Electric vehicle charging stations permitted","url":"\/55.1-1823.1\/","token":"55.1\/IV\/18\/3\/55.1-1823.1","metadata":false},{"id":83860,"structure_id":14602,"section_number":"55.1-1824","catch_line":"Assessments; late fees","url":"\/55.1-1824\/","token":"55.1\/IV\/18\/3\/55.1-1824","metadata":false},{"id":69838,"structure_id":14602,"section_number":"55.1-1825","catch_line":"Authority to levy additional assessments; authority to borrow","url":"\/55.1-1825\/","token":"55.1\/IV\/18\/3\/55.1-1825","metadata":false},{"id":63899,"structure_id":14602,"section_number":"55.1-1826","catch_line":"Annual budget; reserve study; reserves for capital components","url":"\/55.1-1826\/","token":"55.1\/IV\/18\/3\/55.1-1826","metadata":false},{"id":68443,"structure_id":14602,"section_number":"55.1-1827","catch_line":"Deposit of funds; fidelity bond","url":"\/55.1-1827\/","token":"55.1\/IV\/18\/3\/55.1-1827","metadata":false},{"id":72141,"structure_id":14602,"section_number":"55.1-1828","catch_line":"Compliance with declaration","url":"\/55.1-1828\/","token":"55.1\/IV\/18\/3\/55.1-1828","metadata":false},{"id":58609,"structure_id":14602,"section_number":"55.1-1829","catch_line":"Amendment to declaration and bylaws; consent of mortgagee","url":"\/55.1-1829\/","token":"55.1\/IV\/18\/3\/55.1-1829","metadata":false},{"id":65977,"structure_id":14602,"section_number":"55.1-1830","catch_line":"Validity of declaration; corrective amendments","url":"\/55.1-1830\/","token":"55.1\/IV\/18\/3\/55.1-1830","metadata":false},{"id":62302,"structure_id":14602,"section_number":"55.1-1831","catch_line":"Reformation of declaration; judicial procedure","url":"\/55.1-1831\/","token":"55.1\/IV\/18\/3\/55.1-1831","metadata":false},{"id":66064,"structure_id":14602,"section_number":"55.1-1832","catch_line":"Use of technology","url":"\/55.1-1832\/","token":"55.1\/IV\/18\/3\/55.1-1832","metadata":false},{"id":74192,"structure_id":14602,"section_number":"55.1-1833","catch_line":"Lien for assessments; foreclosure","url":"\/55.1-1833\/","token":"55.1\/IV\/18\/3\/55.1-1833","metadata":false},{"id":74729,"structure_id":14602,"section_number":"55.1-1834","catch_line":"Notice of sale under deed of trust","url":"\/55.1-1834\/","token":"55.1\/IV\/18\/3\/55.1-1834","metadata":false},{"id":78030,"structure_id":14602,"section_number":"55.1-1835","catch_line":"Annual report by association","url":"\/55.1-1835\/","token":"55.1\/IV\/18\/3\/55.1-1835","metadata":false},{"id":63125,"structure_id":14602,"section_number":"55.1-1836","catch_line":"Condemnation of common area; procedure","url":"\/55.1-1836\/","token":"55.1\/IV\/18\/3\/55.1-1836","metadata":false},{"id":64074,"structure_id":14602,"section_number":"55.1-1837","catch_line":"Termination and duration of certain management contracts","url":"\/55.1-1837\/","token":"55.1\/IV\/18\/3\/55.1-1837","metadata":false}],"previous_section":{"id":74786,"structure_id":14602,"section_number":"55.1-1818","catch_line":"Common areas; notice of pesticide application","url":"\/55.1-1818\/","token":"55.1\/IV\/18\/3\/55.1-1818","metadata":false},"next_section":{"id":62295,"structure_id":14602,"section_number":"55.1-1819.1","catch_line":"Limitation of smoking in development","url":"\/55.1-1819.1\/","token":"55.1\/IV\/18\/3\/55.1-1819.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-1819\/","history_text":"

This law was first created in 1989. The record of its establishment is cataloged in chapter 679 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1989 \u201cActs\u201d aren\u2019t available online. It has been modified 10 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1991, chapter 667; in 1993, chapter 956; in 1994, chapter 368<\/a>; in 1997, chapters 173<\/a> and 417<\/a>; in 2000, chapters 846<\/a> and 905<\/a>; in 2002, chapter 509<\/a>; in 2008, chapters 851<\/a> and 871<\/a>; in 2011, chapters 372<\/a> and 378<\/a>; in 2014, chapter 784<\/a>; in 2019, chapter 712<\/a>.<\/p>","references":[{"id":79702,"section_number":"16.1-106","catch_line":"Appeals from courts not of record in civil cases","order_by":null,"url":"\/16.1-106\/"},{"id":72168,"section_number":"16.1-77","catch_line":"Civil jurisdiction of general district courts; amending amount of claim","order_by":null,"url":"\/16.1-77\/"},{"id":54855,"section_number":"55.1-1807","catch_line":"Statement of lot owner rights","order_by":null,"url":"\/55.1-1807\/"},{"id":82116,"section_number":"55.1-1815","catch_line":"Access to association records; association meetings; notice","order_by":null,"url":"\/55.1-1815\/"},{"id":62295,"section_number":"55.1-1819.1","catch_line":"Limitation of smoking in development","order_by":null,"url":"\/55.1-1819.1\/"},{"id":77241,"section_number":"55.1-1820","catch_line":"Display of the flag of the United States; necessary supporting structures; affirmative defense","order_by":null,"url":"\/55.1-1820\/"}],"refers_to":[{"id":82116,"section_number":"55.1-1815","catch_line":"Access to association records; association meetings; notice","order_by":null,"url":"\/55.1-1815\/"},{"id":74192,"section_number":"55.1-1833","catch_line":"Lien for assessments; foreclosure","order_by":null,"url":"\/55.1-1833\/"}],"permalink":{"id":246535,"object_type":"law","relational_id":77313,"identifier":"55.1-1819","token":"55.1\/IV\/18\/3\/55.1-1819","url":"\/55.1-1819\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-1819\/","token":"55.1\/IV\/18\/3\/55.1-1819","dublin_core":{"Title":"Adoption and enforcement of rules","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-1819","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except as otherwise provided in this chapter, the board of directors<\/span> shall have the power to establish, adopt, and enforce rules and regulations with respect to use of the common areas<\/span> and with respect to such other areas of responsibility assigned to the association<\/span> by the declaration<\/span>, except where expressly reserved by the declaration<\/span> to the members. Rules and regulations may be adopted by resolution and shall be reasonably published or distributed throughout the development<\/span>. At a special meeting of the association<\/span> convened in accordance with the provisions of the association<\/span>’s bylaws, a majority of votes cast at such meeting may repeal or amend<\/span> any rule or regulation adopted by the board of directors<\/span>. Rules and regulations may be enforced by any method normally available to the owner of private property in Virginia, including application for injunctive relief or actual damages<\/span>, during which the court<\/span> shall award to the prevailing party<\/span> court<\/span> costs and reasonable attorney fees. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The board of directors<\/span> shall also have the power, to the extent the declaration<\/span> or rules and regulations duly adopted pursuant to such declaration<\/span> expressly so provide, to (i) suspend a member’s right to use facilities or services, including utility services, provided directly through the association<\/span> for nonpayment of assessments that are more than 60 days past due, to the extent that access to the lot<\/span> through the common areas<\/span> is not precluded and provided that such suspension shall not endanger the health, safety, or property of any owner, tenant, or occupant, and (ii) assess charges against any member for any violation of the declaration<\/span> or rules and regulations for which the member or his family members, tenants, guests, or other invitees are responsible. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Before any action authorized in this section is taken, the member shall be given a reasonable opportunity to correct the alleged violation after written notice of the alleged violation to the member at the address required for notices of meetings pursuant to § 55.1-1815<\/a>. If the violation remains uncorrected, the member shall be given an opportunity to be heard and to be represented by counsel<\/span> before the board of directors<\/span> or other tribunal specified in the documents.\n\t\t\tNotice of a hearing<\/span>, including the actions that may be taken by the association<\/span> in accordance with this section, shall be hand delivered or mailed by registered or certified mail, return receipt requested, to the member at the address of record with the association<\/span> at least 14 days prior to the hearing<\/span>. Within seven days of the hearing<\/span>, the hearing<\/span> result shall be hand delivered or mailed by registered or certified mail, return receipt requested, to the member at the address of record with the association<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The amount of any charges so assessed shall not be limited to the expense or damage to the association<\/span> caused by the violation, but shall not exceed $50 for a single offense<\/span> or $10 per day for any offense<\/span> of a continuing nature, and shall be treated as an assessment against the member’s lot<\/span> for the purposes of § 55.1-1833<\/a>. However, the total charges for any offense<\/span> of a continuing nature shall not be assessed for a period exceeding 90 days. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The board of directors<\/span> may file or defend legal action in general district or circuit<\/span> court<\/span> that seeks relief, including injunctive relief arising from any violation of the declaration<\/span> or duly adopted rules and regulations. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> After the date an action is filed in the general district or circuit<\/span> court<\/span> by (i) the association<\/span>, by and through its counsel<\/span>, to collect the charges or obtain injunctive relief and correct the violation or (ii) the lot owner<\/span> challenging any such charges, no additional charges shall accrue. If the court<\/span> rules in favor of the association<\/span>, the association<\/span> shall be entitled to collect such charges from the date the action was filed as well as all other charges assessed pursuant to this section against the lot owner<\/span> prior to the action. In addition, if the court<\/span> finds that the violation remains uncorrected, the court<\/span> may order<\/span> the lot owner<\/span> to abate or remedy the violation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> In any action filed in general district court<\/span> pursuant to this section, the court<\/span> may enter default judgment<\/span> against the lot owner<\/span> on the association<\/span>’s sworn affidavit<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nADOPTION AND ENFORCEMENT OF RULES (\u00a7 55.1-1819)\n\nA. Except as otherwise provided in this chapter, the board of directors shall\nhave the power to establish, adopt, and enforce rules and regulations with\nrespect to use of the common areas and with respect to such other areas of\nresponsibility assigned to the association by the declaration, except where\nexpressly reserved by the declaration to the members. Rules and regulations may\nbe adopted by resolution and shall be reasonably published or distributed\nthroughout the development. At a special meeting of the association convened in\naccordance with the provisions of the association’s bylaws, a majority of\nvotes cast at such meeting may repeal or amend any rule or regulation adopted by\nthe board of directors. Rules and regulations may be enforced by any method\nnormally available to the owner of private property in Virginia, including\napplication for injunctive relief or actual damages, during which the court\nshall award to the prevailing party court costs and reasonable attorney fees.\n\nB. The board of directors shall also have the power, to the extent the\ndeclaration or rules and regulations duly adopted pursuant to such declaration\nexpressly so provide, to (i) suspend a member’s right to use facilities or\nservices, including utility services, provided directly through the association\nfor nonpayment of assessments that are more than 60 days past due, to the extent\nthat access to the lot through the common areas is not precluded and provided\nthat such suspension shall not endanger the health, safety, or property of any\nowner, tenant, or occupant, and (ii) assess charges against any member for any\nviolation of the declaration or rules and regulations for which the member or\nhis family members, tenants, guests, or other invitees are responsible.\n\nC. Before any action authorized in this section is taken, the member shall be\ngiven a reasonable opportunity to correct the alleged violation after written\nnotice of the alleged violation to the member at the address required for\nnotices of meetings pursuant to § 55.1-1815. If the violation remains\nuncorrected, the member shall be given an opportunity to be heard and to be\nrepresented by counsel before the board of directors or other tribunal specified\nin the documents.\n\t\t\tNotice of a hearing, including the actions that may be taken by the\nassociation in accordance with this section, shall be hand delivered or mailed\nby registered or certified mail, return receipt requested, to the member at the\naddress of record with the association at least 14 days prior to the hearing.\nWithin seven days of the hearing, the hearing result shall be hand delivered or\nmailed by registered or certified mail, return receipt requested, to the member\nat the address of record with the association.\n\nD. The amount of any charges so assessed shall not be limited to the expense or\ndamage to the association caused by the violation, but shall not exceed $50 for\na single offense or $10 per day for any offense of a continuing nature, and\nshall be treated as an assessment against the member’s lot for the\npurposes of § 55.1-1833. However, the total charges for any offense of a\ncontinuing nature shall not be assessed for a period exceeding 90 days.\n\nE. The board of directors may file or defend legal action in general district or\ncircuit court that seeks relief, including injunctive relief arising from any\nviolation of the declaration or duly adopted rules and regulations.\n\nF. After the date an action is filed in the general district or circuit court by\n(i) the association, by and through its counsel, to collect the charges or\nobtain injunctive relief and correct the violation or (ii) the lot owner\nchallenging any such charges, no additional charges shall accrue. If the court\nrules in favor of the association, the association shall be entitled to collect\nsuch charges from the date the action was filed as well as all other charges\nassessed pursuant to this section against the lot owner prior to the action. In\naddition, if the court finds that the violation remains uncorrected, the court\nmay order the lot owner to abate or remedy the violation.\n\nG. In any action filed in general district court pursuant to this section, the\ncourt may enter default judgment against the lot owner on the\nassociation’s sworn affidavit.\n\nHISTORY: 1989, c. 679, \u00a7 55-513; 1991, c. 667; 1993, c. 956; 1994, c. 368;\n1997, cc. 173, 417; 2000, cc. 846, 905; 2002, c. 509; 2008, cc. 851, 871; 2011,\ncc. 372, 378; 2014, c. 784; 2019, c. 712; 2021, Sp. Sess. I, c. 131.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}