July is not usually the time for resolutions, but this midyear is different. There were few Virginia legislative changes to consider in 2025, making it an opportune time to consider what policies and procedures need updating or implementing. Doing this ahead of budget and election season will help the current board place your association in a strong position.
We offer our “Top 10” list of policies and procedures every Virginia community association should have. If these policies and procedures are already in place, they should be reviewed every few years for updates and compliance.
Before adopting policies and procedures, an association should consult with legal counsel to ensure it has the required authority in its recorded documents and they are enforceable as written. Your attorney will also ensure the policies comply with applicable law and regulations and are tailored appropriately for your particular association.
Top 10 Resolutions for Every Community Association
1. Guidelines for Meetings and Voting by Electronic Means
In the wake of the pandemic, the Virginia General Assembly added authority that allowed association members to meet entirely or partially virtually. The same statutes allow association boards and committees to meet by electronic means, thus eliminating the requirement that two board members be physically present at the meeting location.
This authority is premised upon the express requirement that the board has adopted guidelines for the use of electronic means for such meetings. The guidelines must ensure
- persons accessing the meeting are authorized to do so and
- persons who are entitled to do so have an opportunity to participate.
The statute alone does not provide sufficient authority. Each association board must adopt guidelines that set forth the authority. We have seen that virtual participation has increased attendance and participation. While there may be no substitute for “being there,” remote access is an option every association and board should have.
2. Standards of Conduct Policy
Owners and residents and their guests, board members, and managing agents should be free from harassing, intimidating, derogatory, demeaning and offensive conduct. A community association can adopt a Standards of Conduct Policy that affirmatively prohibits such conduct in all forms (verbal, in writing, physical, and electronic) and encourages everyone to be respectful and professional in their interactions.
Such a policy informs parties where to report violations and delineates potential consequences, including, but not limited to, discontinuing communication or limiting communications to written correspondence in a stated manner, assessing violation charges in accordance with applicable statutes, informing legal authorities, and/or pursuing legal action.
3. Reasonable Accommodation and Modification Request Procedures
All Virginia community associations are subject to both federal and state fair housing laws. Thus, associations are obligated to make reasonable accommodations and/or reasonable modifications when necessary to afford a person with a disability equal opportunity to use and enjoy their dwelling.
When considering such requests, associations need, and can request, certain information. Community associations should consider adopting a policy that sets forth procedures for submitting a request for reasonable accommodation or modification, including the contents of such request, and how the board will review and process such a request. Timely responses to these requests are paramount. Having a policy in place before a request is received will help a board to act swiftly.
4. Anti-Discrimination and Anti-Harassment Policy
As stated in 3 above, Virginia community associations are subject to the federal and state fair housing laws and regulations. Under the federal Fair Housing Act, rules were adopted in 2016 that prohibit quid pro quo and hostile environment harassment because of an individual’s race, color, religion, sex, familial status, national origin or disability.
In addition, Virginia fair housing laws protect additional classes based on elderliness, sexual orientation, gender identity, military status, and source of income. Federal regulations impose liability on a community association for its own actions and the actions of its employees and agents. In addition, an association may be liable for failure to take prompt action to correct and end a discriminatory housing practice by a third-party (i.e. residents, guests, vendors, etc.).
Community associations should develop and adopt policies that
- expressly prohibit discriminatory and harassing conduct due to one’s protected class status and
- detail procedures for reporting and responding to claims of such prohibited conduct.
5. Assessment Collection Policy
The financial health of a community association depends on the timely payment of assessments. A collection policy notifies owners of assessment due dates, late fee amounts, interest rate, acceleration procedures, application of payments, and enforcement remedies, including, but not limited to, referring cases to counsel, filing a memorandum of lien, pursuing a lawsuit, suspending privileges and/or services, and engaging in post-judgment collection actions such as garnishments.
For associations that already have a collection policy, it should be reviewed to determine whether an update is needed (e.g., assessment due dates and late fee amounts) and procedures can be simplified.
6. Due Process Procedures
To the extent authorized in an association’s recorded documents or adopted rules and regulations, associations may
- suspend an owner’s right to use association facilities or services for nonpayment of assessments that are more than 60 days past due with certain caveats, and
- assess charges against owners for violations of the governing documents.
Before taking either action, the Virginia Property Owners’ Association Act and Virginia Condominium Act require certain procedural steps. A well-drafted due process policy provides a road map of these statutorily required procedures.
7. Association Complaint Procedure
Every Virginia community association is required to have an association complaint procedure for members and citizens to file a written complaint regarding the action, inaction, or decision by the governing board, managing agent, or association inconsistent with applicable laws and regulations. A copy of the association complaint procedure must be included in resale documents and associations need to certify annually, when CICB registration is renewed, that they have such a complaint procedure in place.
This kind of procedure is limited and specific to actions or inactions inconsistent with law and regulation. It does not include all complaints of any nature. Accordingly, associations should ensure they have such a resolution, and if in place, review it regularly to ensure it complies, is appropriately limited and contains current information regarding how to submit it.
8. Cost Schedule for Books and Records Request
Both the Virginia Property Owners’ Association Act and Condominium Act allow associations to impose and collect a charge for the reasonable costs of materials and labor for providing copies of requested books and records. Such requests have time requirements and need to be responded to promptly. They can also interrupt regular business and take time, effort and, depending on the scope, cost.
A cost schedule must be in place prior to an owner’s request for books and records and be provided at the time of the request if the association wants to receive payment for these costs. Associations should make sure a schedule is in place and that the charges included are up to date.
9. Member Communications Resolution
Pursuant to both the Virginia Property Owners’ Association Act and Condominium Act, associations must provide a reasonable, effective, and free method, appropriate to the size and nature of the association, for members to communicate among themselves and with the board regarding any matter concerning the association. Boards should consider adopting policies that address the association-approved platforms for member communications and the procedures for receiving and posting communications.
10. Social Media Policy
Many associations have created their own webpages, Facebook pages, NextDoor accounts, etc. to better communicate with their members. On occasion, members have created their own social media pages that may cause confusion as to whether it is an “official” social media page of the association. In other instances, these “look alike” pages have been used to voice discontent and inaccurate information.
To prevent confusion and maintain the authenticity and accuracy of an association’s social media pages, an association should adopt a policy resolution that identifies the association-sanctioned webpages and social media platforms and include user policies for the respective platforms.
