Virginia condos meet a 15 percent reserve floor the state never set
Virginia condos meet a 15 percent reserve floor the state never set
2026-09-19 · Virginia · Compliance
From January 4, 2027, a Virginia condominium project has to budget at least 15 percent of its annual assessment income to replacement reserves for its units to be financeable on conventional terms. Fannie Mae and Freddie Mac issued the change in coordinated guidance on March 18, 2026, raising the minimum from 10 percent.1
Virginia did not set that floor and has never set one. The secondary mortgage market did.
What Virginia actually requires
Section 55.1-1826(B) of the Property Owners' Association Act requires a board to “conduct at least once every five years a study to determine the necessity and amount of reserves required to repair, replace, and restore the capital components”, to “review the results of that study at least annually”, and to make budget adjustments the board “deems necessary to maintain reserves, as appropriate.” Section 55.1-1965 does the same work in the Condominium Act.2
Then subsection D states the discretion plainly: the board “shall have the discretion to meet repair and replacement requirements through replacement reserves, additional assessments, or borrowed funds.”
So Virginia mandates the study and leaves the funding to the board. An association that studies its capital components every five years, reviews annually, and funds nothing has complied with the statute.
What the new standard requires
The replacement reserve minimum rises to 15 percent of annual budgeted assessment income, or the highest level indicated by a reserve study completed or updated within the previous 36 months.
The second limb matters as much as the first. Baseline funding — the method under which reserves approach but never quite fall below zero — is disallowed. A Virginia association whose study offers a baseline scenario and a full-funding scenario can no longer budget to the cheaper one and remain within the standard.
The effective date is tied to the loan application: applications dated on or after January 4, 2027.
The second change, already in force
The same guidance retired Limited Review for established condominium projects of more than ten units, effective for applications dated on or after August 3, 2026. Those projects now go to Full Review.
Limited Review was the abbreviated path that skipped examination of a project's financial condition. Its removal means that since August 2026, a Virginia condominium's budget, reserve position, insurance and critical-repair status are examined on essentially every conventional loan in the building — which for many Virginia associations is the only recurring external examination they receive, given that Virginia has no structural inspection mandate.
Why a lending standard behaves like a statute
A Virginia association is not bound by anything Fannie Mae or Freddie Mac publishes. No enforcement action follows from ignoring it, and no regulator is involved.
The pressure arrives through the resale. A condominium project that does not meet the standards becomes hard to finance conventionally, which narrows the buyer pool to cash and portfolio lending and shows up in unit values. Owners notice that faster than they notice a reserve study.
The sequence for an underfunded Virginia community is therefore: the project fails the standard, sales get harder, owners complain, and the board proposes the increase it had discretion to avoid.
The declaration may be the obstacle
Here is the Virginia-specific complication. Many Virginia declarations cap the annual assessment increase a board may impose without a membership vote. A community currently funding reserves at 8 or 10 percent of assessment income and needing to reach 15 percent may not be able to get there inside its own cap.
That turns a budgeting question into a governance question — a membership vote, in a community where the people voting are the people paying. The arithmetic therefore bites well before January 2027, rather than during the budget cycle that straddles it.
The conditions that change the answer
The dates attach to loan applications, not to fiscal years. An application dated January 3, 2027 is assessed on the old figure.
Project type matters. The Limited Review retirement applies to established condominium projects over ten units; smaller projects and other categories follow different rules.
The reserve study must be current. The alternative limb requires a study completed or updated within 36 months — shorter than Virginia's own five-year statutory cycle.
These are lending standards. They do not amend § 55.1-1826 or § 55.1-1965 and create no statutory duty.
What to watch next
Whether Virginia legislates a funding floor of its own. Nothing was filed in 2026, and reserve studies appeared six times in the Ombudsman's determination topics for the latest reporting year — findings about missing or stale studies, not about underfunding, because underfunding is not currently a violation of anything.
Related Virginia HOA Topics
- Lender Letter LL-2026-03, Project Standards and Property Insurance Requirements — Fannie Mae, March 18, 2026 ↩
- Va. Code § 55.1-1826, Annual budget; reserve study; reserves for capital components — Code of Virginia (2002, c. 459; 2019, cc. 33, 44, 712; 2024, c. 324) ↩
- Va. Code § 55.1-1965 — Code of Virginia (2019, cc. 33, 44, 712; 2024, c. 324) ↩
- Client Alert: Fannie Mae announces significant changes to project standards and property insurance requirements — Whiteford, Taylor & Preston ↩
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