Virginia HOA fine rules

"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" (Va. Code Ann. § 55.1-1819(C)). "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." The address referenced for the initial violation notice is the meeting-notice address under § 55.1-1815(G), where "Notice shall be sent by United States mail to all members at the address of their respective lots unless the member has provided to such officer or his agent an address other than the address of the member's lot."

Virginia sets no fixed number of days to cure. The statute requires that "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" (Va. Code Ann. § 55.1-1819(C)). The fixed day counts in the section are procedural or remedial rather than cure periods: hearing notice "at least 14 days prior to the hearing" and delivery of the hearing result "[w]ithin seven days of the hearing" (§ 55.1-1819(C)); the power to suspend facilities or services for nonpayment of "assessments that are more than 60 days past due" (§ 55.1-1819(B)); and the rule that "the total charges for any offense of a continuing nature shall not be assessed for a period exceeding 90 days" (§ 55.1-1819(D)).

Va. Code Ann. § 55.1-1819(C) — "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." The association convenes the hearing rather than the member requesting one, so the statute fixes no request window; instead it fixes the notice and result deadlines: "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."

"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" (Va. Code Ann. § 55.1-1819(D)). Charges also stop running once the dispute reaches court: "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" (§ 55.1-1819(F)). The power to assess charges at all exists only "to the extent the declaration or rules and regulations duly adopted pursuant to such declaration expressly so provide" (§ 55.1-1819(B)).

"Subject to the provisions of subsection C and so long as the request is for a proper purpose related to his membership in the association, all books and records kept by or on behalf of the association shall be available for examination and copying by a member in good standing or his authorized agent" (Va. Code Ann. § 55.1-1815(B)). "Notwithstanding any provision of law to the contrary, this right of examination shall exist without reference to the duration of membership and may be exercised (i) only during reasonable business hours or at a mutually convenient time and location and (ii) upon five business days' written notice for an association managed by a common interest community manager and 10 business days' written notice for a self-managed association, which notice reasonably identifies the purpose for the request and the specific books and records of the association requested." Records may be withheld only to the extent they concern the categories listed in § 55.1-1815(C), which include "Matters involving state or local administrative or other formal proceedings before a government tribunal for enforcement of the association documents or rules and regulations promulgated pursuant to § 55.1-1819" and "Individual lot owner or member files, other than those of the requesting lot owner, including any individual lot owner's or member's files kept by or on behalf of the association."