Virginia changed nothing in the HOA and condo Acts in 2026
Virginia changed nothing in the HOA and condo Acts in 2026
2026-09-19 · Virginia · Legislation
The 2026 Virginia General Assembly did not amend a single section of the Property Owners' Association Act or the Virginia Condominium Act. Nor of the Resale Disclosure Act, the Virginia Real Estate Cooperative Act, the Virginia Real Estate Time-Share Act, the Horizontal Property Act, or Chapter 23.3 of Title 54.1, which creates the Common Interest Community Board and the Office of the Common Interest Community Ombudsman.
A verified null is worth as much as a change, and it is harder to establish. This one was checked by reading the full text of each chapter and looking for any “2026, c.” citation in a section's history line. There are none.1
What the history lines actually say
The Code prints each section's amendment history at its foot. For the sections Virginia owners ask about most, the most recent entries are:
- § 55.1-1819 — adoption and enforcement of rules, and the charge cap. Last amended 2021, Sp. Sess. I, c. 131.
- § 55.1-1828 — association records. Last amended 2019, c. 712.
- § 55.1-1820 — display of the United States flag. Last amended 2023, cc. 387, 388.
- §§ 55.1-1825 and 55.1-1826 — annual budget and reserve study. Last amended 2024, c. 324.
- § 55.1-1833 — lien for assessments. Last amended 2024, cc. 55, 349.
- § 55.1-1940 — condominium bylaws. Last amended 2020, c. 592.
The single 2025 entry in the whole Property Owners' Association Act is 2025, c. 105 at § 55.1-1837, the management-contract termination provision — and its twin at § 55.1-1940.1 in the Condominium Act.
Why this is not the same as “nothing happened”
Plenty happened in 2026. It simply happened outside Title 55.1.
The corporate layer moved: Chapters 393 and 394 rewrote the Virginia Nonstock Corporation Act, adding § 13.1-814.1(C) — under which a declaration outranks bylaws on dues, assessments, fees and membership — a new derivative-proceedings article, and judicial removal of directors, all effective January 1, 2027.
The land-use layer moved: § 15.2-2292.4 makes ADUs a permitted accessory use statewide from July 1, 2027, and § 15.2-2288.7 bars localities from prohibiting plug-in solar from January 1, 2027. Both contain an identical sentence declining to supersede association declarations.
The collections layer moved: the Uniform Consumer Debt Default Judgments Act arrives July 1, 2027.
The pattern is consistent. Where the 2026 session touched community associations, it did so through general law — corporate, zoning, consumer — rather than by editing the association statutes themselves.
The three bills that would have changed Title 55.1, and what became of them
Three 2026 bills proposed direct amendments to the Property Owners' Association Act. None passed.
HB 621 would have amended §§ 55.1-1804 and 55.1-2310 to require a declarant retaining board-appointment rights to disclose that control in a lot sale contract and on the resale certificate. It was continued to 2027 in House General Laws on February 12, 2026.
HB 1196 and SB 746 would have required an association common area's physical characteristics to be considered in valuing it on condemnation. Both were continued to 2027; the Senate committee vote was 15–0 on February 11, 2026.2
What a stable statute means in practice
For a Virginia board, the operational consequence is that the black-letter answers did not move this year. The charge cap in § 55.1-1819(D) is still “$50 for a single offense or $10 per day for any offense of a continuing nature”, and still cannot run more than 90 days. The hearing notice in subsection C is still at least 14 days. The reserve-study cycle in § 55.1-1826(B) is still at least once every five years.
Where pressure landed on Virginia associations in 2026, it came from three places outside the General Assembly: the Court of Appeals, which decided Terrace View Property Owner's Association v. Jannah in February; the Common Interest Community Board and its Ombudsman, whose complaint volume rose 81 percent; and the secondary mortgage market, which reset reserve and insurance standards for condominium projects.
The conditions that change the answer
This is a statement about Title 55.1 and Title 54.1 Chapter 23.3 only. It is not a statement that no Virginia law affecting associations changed in 2026 — several did, as above.
Effective dates cut the other way too. A section carrying a 2026 chapter citation elsewhere in the Code may not be in force yet; several of this year's changes are dated to 2027.
The Code's own caution applies. Each history line is followed by a note that the chapters referenced “may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.”
What to watch next
All three carried-over bills return in January 2027, which is also the month § 13.1-814.1(C) and the derivative article take effect. The 2027 session is the one where Title 55.1 itself is most likely to move.
Related Virginia HOA Topics
- Va. Code Title 55.1, Chapter 18, Property Owners' Association Act — full chapter text with section history lines ↩
- Va. Code Title 55.1, Chapter 19, Virginia Condominium Act — full chapter text with section history lines ↩
- Va. Code Title 54.1, Chapter 23.3, Common Interest Communities — full chapter text with section history lines ↩
- 2026 Virginia End of Legislative Session Report — Community Associations Institute ↩
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