Condominium and Property Owners' Association Acts; compliance with declaration. (HB530)

Introduced By

Del. Brenda Pogge (R-Williamsburg)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Condominium and Property Owners' Association Acts; compliance with declaration. Clarifies that the association itself must comply with all lawful provisions of the Condominium and Property Owners' Association Acts and all provisions of the declaration. Read the Bill »


Bill Has Passed


01/06/2014Prefiled and ordered printed; offered 01/08/14 14101313D
01/06/2014Referred to Committee on General Laws
01/10/2014Assigned GL sub: Subcommittee #1
01/21/2014Subcommittee recommends reporting with amendment(s) (6-Y 1-N)
01/23/2014Reported from General Laws with amendments (22-Y 0-N) (see vote tally)
01/27/2014Read first time
01/28/2014Read second time
01/28/2014Committee amendments agreed to
01/28/2014Engrossed by House as amended HB530E
01/28/2014Printed as engrossed 14101313D-E
01/29/2014Read third time and passed House BLOCK VOTE (99-Y 0-N)
01/29/2014VOTE: BLOCK VOTE PASSAGE (99-Y 0-N) (see vote tally)
01/30/2014Constitutional reading dispensed
01/30/2014Referred to Committee on General Laws and Technology
02/17/2014Reported from General Laws and Technology with amendments (13-Y 0-N)
02/19/2014Constitutional reading dispensed (40-Y 0-N)
02/20/2014Read third time
02/20/2014Reading of amendments waived
02/20/2014Committee amendments agreed to
02/20/2014Passed by for the day
02/21/2014Read third time
02/21/2014Engrossed by Senate as amended
02/21/2014Passed Senate with amendments (40-Y 0-N)
02/24/2014Placed on Calendar
02/25/2014Senate amendments agreed to by House (98-Y 0-N)
02/25/2014VOTE: ADOPTION (98-Y 0-N) (see vote tally)
02/27/2014Bill text as passed House and Senate (HB530ER)
02/27/2014Signed by Speaker
03/01/2014Signed by President
04/04/2014G Approved by Governor-Chapter 569 (effective 7/1/14)
04/04/2014G Acts of Assembly Chapter text (CHAP0569)


This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 35 seconds.


Homer J. Owner writes:

What a concept!

Requiring Board of Directors of HOAs and Condos to comply with their own Declarations!

As many of us who live in HOAs and condos know, Board's often seek to "fine" homeowners for violations of "rules" that exceed the Boards authority under those Declarations.

Delegate Pogge should expect stiff resistance from the CAI trade association, but she has served the homeowners of Virginia very well.

Thanks, Delegate Pogge!

HOA Member writes:

Thank you Delegate Pogge. This language clarifies that everyone must comply with the contract we all signed: the association and its board members as well as the other HOA members. I have actually seen an association lawyer go into court and argue that this provision did not apply to the association. Many thanks from this homeowner.

Bob writes:

Thank you Delegate Pogge. This is a classic case of what's good for the goose is good for the gander. Too often HOA boards run roughshod over the property owner members they were elected to serve forgetting that the declarations and laws apply equally to the entire association, especially the board.

Eddie Haskal, PCAM writes:

Well, all of you whining homeowners who posted above can bite the bullet, because this Bill was AMENDED in the House to DELETE the requirement that the Association comply with the Declaration and the POAA.

HA! Way to go CAI Legislative Action Committee! And check out the Amendment at the official Virginia Legislature site.

Don't worry. As I told Mrs. June Cleaver this morning, "Oh no, Mrs. Cleaver, Wally and Lumpy and our folks at the HOA management company would NEVER violate the Declaration and the POAA!"

(She still believes that we weren't the ones who spiked the punch and got the Beav loaded!)

Eddie Haskall

Shu Bartholomew writes:

What on earth are they thinking? If this bill passes as amended, it will become the law that HOAs do not have to follow the law or their own governing docs.

I'd like to think that the committee members do not realize what they have, no doubt, been asked to do and do not understand the ramifications of their amendment.

Please fix this!

Eddie Haskall, PCAM writes:


It seems that some wise guy homeowners showed up in Richmond at the hearing on this Bill in the Senate General Laws subcommitte, and got the subcommittee to recommend AMENDING the Bill!

And then the full committee reported the Bill As AMENDED!

And get this: The amendment "authorizes the recovery, by the prevailing party in [a lawsuit by a homeowner against an HOA or Condo for violating the governing documents or the POAA, etc.], of reasonable attorney fees, costs expended in the matter, and interest on the judgment."

Did I read that right? Are homeowners going to have the same right to recover attorney fees and costs if THEY sue an HOA - and win -- as the HOA has if IT wins?

What are we coming to?

I'm going to find out who screwed the pooch for CAI on this one and I'm going to START by looking at that smart ass Ward Cleaver!

Eddie Haskall, PCAM