Virginia HOA compliance, enforced as code

Decision body — the board

Charges are imposed by the board after notice and an opportunity to be heard (the member may be represented by counsel). Va. Code § 55.1-1819

In CommonGround: CommonGround routes the fine decision to the board and requires the recorded decision before any fine is assessed.

Notice, opportunity to be heard, and a recorded decision

Before imposing charges the association must have rule/declaration authority, give the required hearing notice, and provide an opportunity to be heard; the decision must be recorded. Va. Code § 55.1-1819

In CommonGround: The workflow has no path around it: the notice must be sent, the opportunity to be heard must be offered, and the decision must be recorded — in that order — before a fine can exist.

Hearing notice — at least 14 days

Written notice at least 14 days before the hearing. Va. Code § 55.1-1819

In CommonGround: A hearing scheduled sooner than 14 days after its notice is rejected with the citation; the scheduler simply won't offer an illegal date.

Hearing-notice delivery method

Hearing notice by hand delivery or registered/certified mail. Va. Code § 55.1-1819

In CommonGround: Only the statutory delivery methods (hand delivery, registered mail, certified mail) are accepted — recording any other method is refused with the citation — and the delivery record (method, who, when, with provider receipts where the channel produces them) is attached to the case record.

Per-day fine cap — $10

Continuing-offense charges capped at $10 per day. Va. Code § 55.1-1819

In CommonGround: A daily fine over $10 is rejected at entry, with the citation, before it ever reaches a notice.

Single-fine cap — $50

A charge for a single offense may not exceed $50. Va. Code § 55.1-1819

In CommonGround: A single fine over $50 can't be recorded — the form rejects it with the citation.

Continuing fines stop at day 90

Continuing-offense charges may be assessed for up to 90 days. Va. Code § 55.1-1819

In CommonGround: Accrual ends automatically on day 90 — no one has to remember to stop it.

Virginia POA Act protected categories. Several carry declaration/recorded-document override caveats — the recorded attestation must cite the applicable override or exception. Va. Code §§ 55.1-1820, -1820.1, -1821, -1822, -1823.1

• US flag display — No association shall prohibit display of the US flag compliant with 4 U.S.C. § 1 et seq.; reasonable size/place/duration/manner restrictions only where necessary to protect a substantial association interest (the association bears the burden of proof in a § 55.1-1819 action); common-area display may be restricted. Va. Code § 55.1-1820
• Solar energy device — No association shall prohibit owner solar UNLESS the recorded declaration establishes the prohibition (declaration-override caveat — attestation must cite the recorded prohibition). Reasonable restrictions allowed, but DEEMED UNREASONABLE if they raise installation cost >5% or cut energy production >10% versus the proposal (shown by a NABCEP-certified, VA-licensed solar design specialist's documentation). Va. Code § 55.1-1820.1
• Home based business — Except to the extent the declaration provides otherwise, no association shall prohibit operating a home-based business within the residence; reasonable time/place/manner and sign restrictions allowed; home-based child care deemed residential where the locality classifies it as accessory use. Va. Code § 55.1-1821
• For sale sign — No association may require an association sign or a non-Real-Estate-Board-compliant sign; common-area signs may be prohibited; number (at least one must be allowed), location, affixing manner, and post-settlement removal period may be regulated. Va. Code § 55.1-1822
• EV charging — Except to the extent the declaration or other recorded governing document provides otherwise, no association shall prohibit an owner's personal-use EV charging station on the owner's property; reasonable number/size/place/manner restrictions, common-area prohibitions, and owner indemnity/insurance requirements allowed. Va. Code § 55.1-1823.1

In CommonGround: Violation intake screens every new case against Virginia's protected categories and flags the citation before a notice ever goes out.