Stand Up to Your HOA

What Virginia Law Lets an Association Do

Power, But Not Unlimited Power

Living in a community association means agreeing to its declaration and rules. The board can enforce them, levy assessments, and even place a lien for what you owe. What many owners do not realize is how tightly Virginia law constrains that power. Fines are capped. A hearing is required before one attaches. Liens follow a rigid procedure, and a foreclosure is limited to larger balances. Enforcement must be even-handed, not aimed at one owner.

We represent owners who are being fined, liened, or singled out, and we advise boards that want to enforce their rules the right way and avoid liability. Because so many of these fights are about the wording and reach of the governing documents, we handle the related work of restrictive covenant enforcement as well.

Where We Come In

• ✓ The association is fining you or threatening a lien
• ✓ A rule is being enforced against you but not your neighbors
• ✓ An architectural request was denied or a change was ordered undone
• ✓ You are fighting an assessment, a special assessment, or a lien
• ✓ The board denied access to records or mishandled a meeting or election
• ✓ You are a board that needs to enforce or collect the right way

Fines & Violation Charges

Challenging or defending charges, and holding the association to the caps and the notice-and-hearing rules Virginia requires.

Assessment & Lien Disputes

Disputes over what is owed and defense against a lien or foreclosure, where the statute imposes strict steps on the association.

Architectural & Covenant Enforcement

Denied improvements, orders to undo work, and disputes over what the covenants actually allow.

Selective Enforcement

When an association enforces a rule against one owner while ignoring the same conduct next door, that inconsistency is a defense.

Records, Meetings & Governance

Access to association records, open-meeting and election disputes, and other governance failures owners can enforce.

Association & Board Counsel

Advising boards on enforcing rules, collecting assessments, and running the process so decisions hold up and liability is avoided.

“Homeowners tend to feel powerless against their association, and boards tend to assume their authority is broader than it is. Both are usually wrong. Virginia caps the fines and demands a real hearing before one sticks, and it makes a lien jump through hoops. When I represent an owner, the first thing I check is whether the board followed its own procedure, because that is where these cases are won. When I advise a board, I make sure they do, so their decisions actually hold.”

Answers Before You Call