                                 CODE OF VIRGINIA

ADOPTION AND ENFORCEMENT OF RULES (§ 55.1-1819)

A. 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&#8217;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. 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&#8217;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. 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 &#xA7; 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.
			Notice 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. 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&#8217;s lot for the
purposes of &#xA7; 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. 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.

F. 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.

G. 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&#8217;s sworn affidavit.

HISTORY: 1989, c. 679, § 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.