A. Except as expressly authorized in this chapter, in the declaration, or as otherwise provided by law, no association shall:
1. Condition or prohibit the rental to a tenant of a lot by a lot owner or make an assessment or impose a charge except as provided in § 55.1-1805;
2. Charge a rental fee, application fee, or other processing fee of any kind in excess of $50 during the term of any lease;
3. Charge an annual or monthly rental fee or any other fee not expressly authorized in § 55.1-1805;
4. Require the lot owner to use a lease or an addendum to the lease prepared by the association;
5. Charge any deposit from the lot owner or the tenant of the lot owner;
6. Have the authority to evict a tenant of any lot owner or to require any lot owner to execute a power of attorney authorizing the association to evict such a tenant; or
7. Refuse to recognize a person designated by the lot owner as the lot owner's authorized representative under the provisions of § 55.1-1823. Notwithstanding the foregoing, the requirements of § 55.1-1828 and the declaration shall be satisfied before any such representative may exercise a vote on behalf of a lot owner as a proxy.
B. The association may require the lot owner to provide the association with (i) the names and contact information of and vehicle information for the tenants and authorized occupants under such lease and (ii) the name and contact information of any authorized agent of the lot owner. The association may require the lot owner to provide the association with the tenant's acknowledgment of and consent to any rules and regulations of the association.
C. The provisions of this section shall not apply to lots owned by the association.
2015, c. 277, § 55-509.3:1; 2016, c. 471; 2019, c. 712; 2022, cc. 65, 66.
Structure Code of Virginia
Title 55.1 - Property and Conveyances
Chapter 18 - Property Owners' Association Act
§ 55.1-1803. Limitation on certain contracts and leases by declarant
§ 55.1-1804. Documents to be provided by declarant upon transfer of control
§ 55.1-1805. Association charges
§ 55.1-1807. Statement of lot owner rights
§ 55.1-1808. Contract disclosure statement; right of cancellation
§ 55.1-1809. Contents of association disclosure packet; delivery of packet
§ 55.1-1810. Fees for disclosure packet; professionally managed associations
§ 55.1-1811. Fees for disclosure packet; associations not professionally managed
§ 55.1-1812. Properties subject to more than one declaration
§ 55.1-1813. Requests by settlement agents
§ 55.1-1814. Exceptions to disclosure requirements
§ 55.1-1815. Access to association records; association meetings; notice
§ 55.1-1816. Meetings of the board of directors
§ 55.1-1817. Distribution of information by members
§ 55.1-1818. Common areas; notice of pesticide application
§ 55.1-1819. Adoption and enforcement of rules
§ 55.1-1819.1. Limitation of smoking in development
§ 55.1-1820.1. Installation of solar energy collection devices
§ 55.1-1821. Home-based businesses permitted; compliance with local ordinances
§ 55.1-1822. Use of for sale signs in connection with sale
§ 55.1-1823. Designation of authorized representative
§ 55.1-1823.1. Electric vehicle charging stations permitted
§ 55.1-1824. Assessments; late fees
§ 55.1-1825. Authority to levy special assessments
§ 55.1-1826. Annual budget; reserves for capital components
§ 55.1-1827. Deposit of funds; fidelity bond
§ 55.1-1828. Compliance with declaration
§ 55.1-1829. Amendment to declaration and bylaws; consent of mortgagee
§ 55.1-1830. Validity of declaration; corrective amendments
§ 55.1-1831. Reformation of declaration; judicial procedure
§ 55.1-1832. Use of technology
§ 55.1-1833. Lien for assessments
§ 55.1-1834. Notice of sale under deed of trust