First and foremost, I am not an attorney, and the following is not intended to be legal advice, but merely information derived from personal experience and or research.
If you feel your rights are being violated, I strongly suggest you consult with an attorney that is familiar with fair housing law and has experience with homeowner associations (HOA’s).
Below are a few of Virginia HOA laws and regulations that you may want to know.
Virginia HOAs do not have to disclose pending lawsuits to perspective buyers even though banks and mortgage companies may not issue loans to perspective buyers wishing to purchase a home within a HOA with pending litigation. The burden to disclose pending lawsuits falls on the seller of the home.
The Fair Housing Act is a federal law that runs parallel to the Virginia Fair Housing Act which prohibits discrimination based on race, color, national origin, religion, sex, familiar status or disability. This applies to the sale, rental or financing of dwellings. HOAs are expected to abide by these laws and promote inclusivity for all.
Virginia HOAs are permitted to levy special assessments to fund capital expenditures or unexpected expenses.
Freedom of speech is a delicate balance between homeowner’s rights and maintaining a cohesive HOA community. Homeowner’s can fly an American Flag, Service Flag, operate a business, display political or for sale signs. Problems can arise with the political signs and for sale signs when the HOA says displaying either of these signs are not allowed because they negatively impact the overall appearance of the community. Contradictions such as these leave HOA community members confused when HOA board members are not willing to compromise.
An HOA cannot fine a homeowner for (or generally prohibit) any of the following:
• Displaying the American flag so long as the flag is displayed in a manner consistent with federal flag display law
• Installing solar energy panels
• Installing satellite dishes and antennas
• Installing electric vehicle charging stations
With regard to the last three items, the HOA can determine the size and location of these items provided the function is not hampered. For more information regarding Virginia housing issues, check out our Virginia Resources page.