Sixty days ends any auto-renewing Virginia management contract
Sixty days ends any auto-renewing Virginia management contract
2026-09-19 · Virginia · Compliance
A Virginia association trapped in an evergreen management contract can leave it on sixty days' notice, without cause and without paying a penalty. Chapter 105 of the 2025 Acts of Assembly added that rule to both the Property Owners' Association Act and the Virginia Condominium Act, effective July 1, 2025.1
It is a short provision, and it is the same sentence in both statutes.
The text, twice
Section 55.1-1837 of the Property Owners' Association Act, titled “Termination and duration of certain management contracts,” now reads in full:
“A management contract that contains an automatic renewal provision may be terminated by the association or the common interest community manager at any time without cause and without penalty upon not less than 60 days' written notice.”
Section 55.1-1940.1 in the Condominium Act says the same thing for unit owners' associations, and carries the same history line: 2023, c. 109; 2025, c. 105.2
Three features of that sentence do the work. The right is mutual — the manager may use it too. It requires no cause. And it overrides a contractual early-termination penalty rather than merely capping one.
What triggers it, and what does not
The right attaches to “a management contract that contains an automatic renewal provision”. A fixed-term contract with a hard end date and no evergreen clause is outside the section. That is a meaningful boundary: the renewal clause is what determines whether § 55.1-1837 is available at all.
Where the clause is there, the timing is a floor, not a ceiling. “Not less than 60 days” means a board may give more notice but cannot give less.
The transition duties that came with it
Chapter 105 also amended the licensing side of the Code, in Title 54.1's common interest community manager provisions. The Office of the Common Interest Community Ombudsman's own annual report describes the effect: on termination, managers “shall transfer and release all funds and close bank accounts…within a reasonable time” and without additional cost to the association.3
That half is arguably the more useful one. An association that can leave a contract but cannot get its bank accounts, ledgers and records back has not actually left.
Why the General Assembly did this
The state has a documented enforcement record behind the reform. DPOR's Investigations Section, working with the Office of the Attorney General, petitioned local circuit courts to place two common interest community management companies — Rosewood Management and Consulting Services and Tagare Corporation — into receivership following complaint investigations. The Ombudsman's report records that Tagare admitted violations of the Common Interest Community Board's regulations and agreed to revocation of its licence.
Receivership is the state's heaviest tool, and it is slow. Sixty days' notice is the fast one, and it sits in the hands of the board rather than the regulator.
What the section does not give a board
It is a termination right, not a damages right. It does not create a claim for a manager's past conduct, and it does not set what happens to fees already paid for a period not yet served — that remains a matter of the contract.
Nor does it change the licensing regime. A manager whose conduct warrants discipline is dealt with by the Common Interest Community Board, which in June 2025 imposed a $2,500 monetary penalty and revoked the licence of one firm after rejecting a milder recommendation from its own informal fact-finding process.
The conditions that change the answer
The contract must contain an automatic renewal provision. No evergreen clause, no statutory right.
Notice must be written. The section says so in terms.
The manager holds the same right. The exit is available to both sides on the same terms, which is worth knowing before a board opens a dispute with its manager.
“Reasonable time” is undefined. The fund-transfer and account-closure duty is not tied to a fixed number of days, and no Virginia decision has yet construed it.
What to watch next
Chapter 105 is the only 2025 amendment to appear anywhere in the Property Owners' Association Act, and the 2026 session added nothing to either statute. The pressure on the manager relationship has since moved to the regulatory layer, where a proposed rewrite of the Common Interest Community Board's manager regulations would add contract-content requirements, a fidelity-bond minimum and a bar on undisclosed vendor remuneration.
Related Virginia HOA Topics
- Va. Code § 55.1-1837, Termination and duration of certain management contracts — Code of Virginia (2023, c. 109; 2025, c. 105) ↩
- Va. Code § 55.1-1940.1 — Code of Virginia (2023, c. 109; 2025, c. 105) ↩
- Office of the Common Interest Community Ombudsman, Annual Report (RD938, 2025) — Virginia Reports to the General Assembly ↩
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