Applicability of State Statutes to HOA's

Started by AlvinK1 • 5 replies • 1290 views

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AlvinK1 (Virginia)
Posts: 2

Posted:

I'm a new member of the Board of Directors for a small HOA in Northern Virginia. Our President insists that our HOA chartered as a non-stock corporation in the State of Virginia is not subject to the Virginia Property Owners Association Act or Title 54 Chapter 23.3 Common Interest Communities provisions. Are we subject to these statutes and are there others that we might be subject to?

JeanneK3 (Maryland)
Posts: 562

Posted:

You are subject to all state laws. Look them up, learn them and make sure you are in compliance. If you are unsure, seek the advice of an attorney.

GeorgerwilliamsW (Indiana)
Posts: 975

Posted:

Quote:

Posted By AlvinK1 on 07/28/2008 3:53 PM
I'm a new member of the Board of Directors for a small HOA in Northern Virginia. Our President insists that our HOA chartered as a non-stock corporation in the State of Virginia is not subject to the Virginia Property Owners Association Act or Title 54 Chapter 23.3 Common Interest Communities provisions. Are we subject to these statutes and are there others that we might be subject to?

Here is a link to the Virginia Property Owners Association Act:

http://fairfaxclubestates.com/Information/Virginia%20POA%20Act%202004.pdf

It states:
"§ 55-508. Applicability.
A. This chapter shall apply to developments subject to a declaration, as defined herein, initially recorded after January 1, 1959, associations incorporated or otherwise
organized after such date, and all subdivisions created under the former Subdivided Land Sales Act (§ 55-336 et seq.)."

Also check out (This is your state contact for answers to many questions):

http://www.dpor.virginia.gov/dporweb/cic_lias.cfm#ConsumerInformation

BrianB (California)
Posts: 2,820

Posted:

other laws you MIGHT be subject too (depending on what your HOA does and doesn't do): Not all laws apply to all HOA's, but they are worth knowing.

Civil RIghts act, most titles, but especially the Fair Housing Act
Americans With DIsabilities Act
Federal Right to Privacy Act
Federal Telecommunications Act (Satellite/TV receiver portions)
Fair Debt COllections Act

GlenL (Ohio)
Posts: 5,491

Posted:

Read your documents carefully, ours says in over a dozen places that we must abide by Chapter 5311 of the Ohio Revised Code. Your documents might carry similar verbiage or a statement explaining why you are not subject to the law. I would imagine as others have said that you are subject to the law, your president could just be repeating what someone he trusted told him.

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MaryA1 (Arizona)
Posts: 7,043

Posted:

Quote:

Alvin,

If these statutes pertain to planned communities and yours is a planned community then YES your assn is subject to it. Also, if your HOA is a nonprofit corp and VA has a nonprofit corp act then I would believe your assn would also be subject to that set of laws. There are a number of Fed. laws the HOA would also be subject to:

1) Fair Housing Act
2) Americans with Disabilities Act
3) Fair Debt Collection Act
4) FCC ruling on satellite dish antennas (definitely applicable to all planned communities and condos)

There may be other State statutes that are not in the statutes you cited that the HOA would be subject to, such as:

1) construction defect statutes
2) solar energy statutes

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