                                 CODE OF VIRGINIA

GENERAL POWERS AND DUTIES OF BOARD CONCERNING ASSOCIATIONS (§ 54.1-2351)

A. The Board may adopt, amend, and repeal rules and regulations and issue orders
consistent with and in furtherance of the objectives of this article, but the
Board may not intervene in the internal activities of an association except to
the extent necessary to prevent or cure violations of this article or of the
chapter pursuant to which the association is created. The Board may prescribe
forms and procedures for submitting information to the Board.

B. If it appears that any governing board has engaged, is engaging, or is about
to engage in any act or practice in violation of this article, the Property
Owners&#8217; Association Act (&#xA7; 55.1-1800 et seq.), the Virginia
Condominium Act (&#xA7; 55.1-1900 et seq.), the Virginia Real Estate Cooperative
Act (&#xA7; 55.1-2100 et seq.), the Virginia Real Estate Time-Share Act (&#xA7;
55.1-2200 et seq.), the Resale Disclosure Act (&#xA7; 55.1-2307 et seq.), or any
of the Board&#8217;s regulations or orders, the Board without prior
administrative proceedings may bring an action in the appropriate court to
enjoin that act or practice or for other appropriate relief. The Board is not
required to post a bond or prove that no adequate remedy at law exists.

C. The Board may intervene in any action involving a violation by a declarant or
a developer of a time-share project of this article, the Property Owners&#8217;
Association Act (&#xA7; 55.1-1800 et seq.), the Virginia Condominium Act (&#xA7;
55.1-1900 et seq.), the Virginia Real Estate Cooperative Act (&#xA7; 55.1-2100
et seq.), the Virginia Real Estate Time-Share Act (&#xA7; 55.1-2200 et seq.),
the Resale Disclosure Act (&#xA7; 55.1-2307 et seq.), or any of the
Board&#8217;s regulations or orders.

D. The Board may accept grants-in-aid from any governmental source and may
contract with agencies charged with similar functions in this or other
jurisdictions in furtherance of the objectives of this article.

E. The Board may cooperate with agencies performing similar functions in this
and other jurisdictions to develop uniform filing procedures and forms, uniform
disclosure standards, and uniform administrative practices, and may develop
information that may be useful in the discharge of the Board&#8217;s duties.

F. In issuing any cease and desist order, the Board shall state the basis for
the adverse determination and the underlying facts.

G. Without limiting the remedies that may be obtained under this article, the
Board, without compliance with the Administrative Process Act (&#xA7; 2.2-4000
et seq.), shall have the authority to enforce the provisions of this section and
may institute proceedings in equity to enjoin any person, partnership,
corporation, or any other entity violating this article, the Property
Owners&#8217; Association Act (&#xA7; 55.1-1800 et seq.), the Virginia
Condominium Act (&#xA7; 55.1-1900 et seq.), the Virginia Real Estate Cooperative
Act (&#xA7; 55.1-2100 et seq.), the Virginia Real Estate Time-Share Act (&#xA7;
55.1-2200 et seq.), the Resale Disclosure Act (&#xA7; 55.1-2307 et seq.), or any
of the Board&#8217;s regulations or orders. Such proceedings shall be brought in
the name of the Commonwealth by the Board in the circuit court or general
district court of the city or county in which the unlawful act occurred or in
which the defendant resides.

H. The Board may assess a monetary penalty to be paid to the Common Interest
Community Management Information Fund of not more than $1,000 per violation
against any governing board that violates any provision of this article, the
Property Owners&#8217; Association Act (&#xA7; 55.1-1800 et seq.), the Virginia
Condominium Act (&#xA7; 55.1-1900 et seq.), the Virginia Real Estate Cooperative
Act (&#xA7; 55.1-2100 et seq.), the Virginia Real Estate Time-Share Act (&#xA7;
55.1-2200 et seq.), the Resale Disclosure Act (&#xA7; 55.1-2307 et seq.), or any
of the Board&#8217;s regulations or orders. In determining the amount of the
penalty, the Board shall consider the degree and extent of harm caused by the
violation. No monetary penalty may be assessed under this article, the Property
Owners&#8217; Association Act (&#xA7; 55.1-1800 et seq.), the Virginia
Condominium Act (&#xA7; 55.1-1900 et seq.), the Virginia Real Estate Cooperative
Act (&#xA7; 55.1-2100 et seq.), the Virginia Real Estate Time-Share Act (&#xA7;
55.1-2200 et seq.), the Resale Disclosure Act (&#xA7; 55.1-2307 et seq.), or any
of the Board&#8217;s regulations or orders unless the governing board has been
given notice and an opportunity to be heard pursuant to the Administrative
Process Act (&#xA7; 2.2-4000 et seq.). The penalty may be sued for and recovered
in the name of the Commonwealth.

HISTORY: 2008, cc. 851, 871; 2009, c. 557; 2010, c. 615; 2019, c. 712; 2023, cc.
387, 388.