Client Alert: Essential Policy Resolutions Every Virginia and District of Columbia Community Association Should Adopt
INTRODUCTION
Community associations in Virginia and the District of Columbia face detailed statutory and regulatory requirements, and boards should adopt and maintain appropriate policy resolutions to ensure compliance. Failure to do so can expose the association, its directors, and its management to enforcement actions, litigation, and owner challenges. This alert surveys key requirements in Virginia and the District of Columbia (“D.C.”) for which adopting policy resolutions would be crucial. In Virginia, a number of resolutions are required and necessary to comply with the Commonwealth’s detailed statutory and regulatory requirements, and D.C. law addresses several of the same subjects. These resolutions include the following:
1. Complaint Procedures (18VAC48-70-50)
18VAC48-70-50 is a Common Interest Community Ombudsman Regulation that requires community associations to establish a fair, written procedure for handling resident complaints. The procedure must explain how complaints and any required supporting documentation are delivered and provide contact information for the Office of the Common Interest Community Ombudsman. The association must acknowledge receipt of a complaint in writing within 14 days, give the complainant at least 14 days’ notice of when the matter will be considered, and send a dated written notice of final determination within seven days after the determination is made, including the applicable legal citations and association registration information. The procedure must state the appeal process and deadlines if one is available, or state that no appeal is available and the decision is final. The notice of final determination must also advise the complainant of the right to file a notice of final adverse decision with the Ombudsman.
Adopting a formal resolution for complaint procedures is required under the regulation and serves to establish a consistent, transparent process that can be applied fairly to every complaint. It also protects the association and its members by creating a reliable record of compliance, reducing avoidable disputes, and ensuring that owners understand how their concerns will be handled.
By contrast, D.C. law contains no corresponding provision requiring community associations to adopt a complaint policy. Nevertheless, D.C. associations may wish to consider adopting a complaint policy to formalize the process by which owners submit complaints relating to violations of the governing documents and rules for consideration by the board.
2. Due Process / Hearing Procedures (Va. Code § 55.1-1819; Va. Code § 55.1-1959)
Under Va. Code §§ 55.1-1819 and 55.1-1959, before imposing a fine or suspending amenities, the association must give the owner written notice of the violation and a reasonable opportunity to cure it. The owner must also be given an opportunity to be heard before the board and to be represented by counsel at a hearing noticed at least 14 days in advance, and the board’s decision must be delivered to the owner in writing within seven days after the hearing. Charges may not exceed $50 for a single offense or $10 per day for a continuing offense, with a 90-day maximum, and are treated as assessments. The board may also suspend access to association facilities or services for nonpayment of assessments that are more than 60 days past due, but it may not restrict access to the owner’s or resident’s lot or unit or suspend services in a manner endangering health, safety, or property. In addition, the board may pursue litigation to obtain injunctive relief compelling the owner to comply with the association’s rules or covenants.
A hearing and enforcement resolution is essential for every association because it gives the board a uniform framework for imposing sanctions while preserving the owners’ statutory rights. Clear procedures protect both the association and its members by reducing the risk of inconsistent enforcement, invalid fines, and challenges to board action.
In D.C., the process can be more streamlined. The statutory authority found in D.C. Code § 42-1903.08 only requires the board to provide the owner notice of the violation and an opportunity for a hearing before the board prior to the imposition of fines. Also, there is no statutorily defined limit on the amount of the fines, and the board is not required to hold a hearing prior to filing a lawsuit seeking injunctive relief.
3. Assessment Collection Policies
Under Va. Code §§ 55.1-1800 et seq. and 55.1-1900 et seq., associations must follow statutory requirements for assessing, collecting, and filing liens for delinquent dues. The policy should set regular and special assessment due dates and grace periods, late fees and interest, delinquency-notice procedures, and the process for filing and perfecting liens and pursuing judicial or non-judicial foreclosure, as applicable. It should also state that charges, fines, and fees imposed under the governing documents are treated as assessments against the lot or unit.
Assessment collection resolutions provide a consistent and predictable framework for collecting the funds needed to operate and maintain the community. They protect the association and its members by promoting equal treatment, documenting collection decisions, and reducing disputes and legal exposure arising from inconsistent or unclear practices.
The same holds true in D.C. for condominiums, where condominium associations are required to comply with the requirements of D.C. Code §§ 42-1903.12a and 42-1903.13 when collecting assessments and pursuing foreclosure.
4. Record Retention and Inspection Policies (Va. Code § 55.1-1815; Va. Code § 55.1-1945)
Under Va. Code §§ 55.1-1815 and 55.1-1945, associations must keep detailed financial and assessment records, maintain recorded lien records while effective, and keep financial books in accordance with generally accepted accounting principles (GAAP). Members in good standing may inspect and copy records for a proper purpose during reasonable times upon five business days’ written notice for professionally managed associations or 10 business days’ notice for self-managed associations, subject to statutory exclusions. Before charging for copies, the board must adopt and provide a cost schedule specifying reasonable materials and labor charges that apply equally to members.
In D.C., the requirements are similar under D.C. Code § 42-1903.14. Section 42-1903.14(a) requires the unit owners’ association to keep detailed records of the receipts and expenditures affecting the condominium’s operation and administration. Section 42-1903.14(b) gives a unit owner in good standing, acting for a proper membership-related purpose, the right to examine and copy those books and records, including the membership list, owners’ mailing addresses, and financial records, during reasonable business hours at a location in or within 50 miles of the District, subject to certain exceptions allowing certain categories of records to be withheld from examination.
A records resolution establishes clear, consistently applied rules for preserving records, responding to inspection requests, and calculating copy charges. It promotes transparency and accountability while reducing the risk of missed retention obligations, unequal treatment, and inspection-related claims.
5. Virtual Meetings and Electronic Voting Guidelines (Va. Code § 55.1-1832; Va. Code § 55.1-1935)
Under Va. Code §§ 55.1-1832 and 55.1-1935, before conducting electronic meetings or permitting electronic voting, the board must adopt guidelines ensuring authorized access, a reasonable opportunity to participate, and retention of voting records for the required period. Secret-ballot voting must protect voter identity; if the electronic method cannot do so, the association must use a non-electronic method. The association must provide, at its expense, a reasonable alternative for anyone who lacks the capability or desire to participate electronically, and electronic procedures do not replace the statutory requirements for enforcement actions, assessment liens, or foreclosure.
Adopting the electronic meeting and voting guidelines required by Va. Code §§ 55.1-1832 and 55.1-1935 gives the board and members a dependable framework for conducting virtual meetings and electronic votes lawfully and fairly. The guidelines protect the association and its members by safeguarding participation and ballot confidentiality, preserving reliable records, and reducing the risk that a meeting or vote will later be challenged.
In D.C., boards are not statutorily required to have similar guidelines. The statutory requirement is simply that the electronic meeting platform must allow owners to hear and be heard. Nevertheless, we recommend that boards adopt such policies to create clarity on how virtual meetings will be conducted and how the association will handle electronic voting.
CONCLUSION
Adopting these policy resolutions is essential to statutory compliance because it translates the requirements of Virginia and D.C. law into clear, operational rules boards, management, and members can follow. Not only are some policy resolutions legally required, but they also promote good governance by making association processes consistent, transparent, and accountable. They also help protect the association, its board, and its members from legal exposure by demonstrating a disciplined approach to member rights, financial administration, records, and decision-making. If you have questions about adopting or updating these policy resolutions for your Virginia or D.C. community association, please contact a member of Whiteford’s Community Association practice group.