Virginia HOA Special Assessment Rules (2026)
Va. Code Ann. § 55.1-1833 (Property Owners' Association Act — POAA) / § 55.1-1962 (Condominium Act) · Last reviewed 2026
A special assessment is a one-time charge levied by an HOA board to cover an unexpected or deferred expense not covered by the operating budget or reserve fund. Below are the key rules that govern how Virginia HOAs may levy special assessments and what rights homeowners have.
Key facts at a glance
Can levy without member vote
Board may levy special assessments as authorized by the declaration and bylaws. Virginia's 2023 legislation requires homeowners associations to obtain reserve studies and develop reserve funding plans.
Not required by statute
Trigger: Only if the declaration or bylaws require a member vote for assessments above a specified threshold
14 days
Advance written notice to members before assessment levy
Available
Board may levy emergency assessments for imminent threats to property or safety without standard notice.
- Board may levy special assessments as authorized by the declaration and bylaws
- 2023 law requires reserve studies and funded reserve plans for HOAs
- 14-day advance written notice to members before levy
- Virginia CICB Ombudsman handles HOA dispute resolution
- Pending assessments must be disclosed in the POAA resale disclosure packet
Virginia homeowners may use the Virginia Common Interest Community Ombudsman for dispute resolution. The Virginia Common Interest Community Board (CICB) handles licensing and complaints.
Virginia enacted reserve study requirements in 2023 under the POAA and Condominium Act. HOAs and condominiums must now obtain reserve studies and adopt written reserve funding plans. This reduces the likelihood that deferred maintenance will result in sudden large special assessments.
Pending special assessments must be disclosed in the resale disclosure packet per the POAA (§ 55.1-1809). Fannie Mae and FHA review active assessments for Virginia condo loans.
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Start 14-Day Free TrialThis page provides general legal information only — not legal advice. HOA special assessment laws vary by community type (planned community, condominium, cooperative, etc.) and are subject to change. The information on this page is based on statutes in effect as of 2026 and may not reflect recent legislative changes. Always consult a licensed HOA attorney and review your governing documents before taking action.