What restrictions does an HOA have in collecting assessments?

In Virginia, Homeowners Associations (HOAs) are governed by state laws that regulate the collection of assessments. These laws, found in the Virginia Residential Landlord and Tenant Act, outline restrictions that HOAs must follow when collecting assessments from members. In order to collect assessments, HOAs must give notice in writing to homeowners with details of the amount due, the payment date, and the consequences of non-payment. Additionally, HOAs may not impose any extra charges for the collection of assessments. HOAs may also enforce the collection of assessments by placing liens on homeowners’ real property. This means that the homeowner must pay the HOA before they can sell their property. HOAs are also able to pursue legal action against homeowners who do not pay assessments, but they must follow all applicable laws and due process. Furthermore, all assessments must be reasonable, fair, and consistent across all members. HOAs may not impose higher assessments on certain members, or discriminate against any members due to race, religion, etc. Given the constraints around collecting assessments, HOAs must be sure to follow all applicable laws and provide adequate notice to homeowners before attempting to collect. Doing so helps ensure that homeowners understand their obligations and HOAs are able to properly manage their finances.

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What restrictions does an HOA have in collecting assessments?

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