June 26, 2025
Client Alert: Due Process or Due Trouble? Navigating the Legal Maze of Covenant Enforcement in Virginia Community Associations
Community associations governed by the Virginia Condominium Act (VCA) and the Virginia Property Owners’ Association Act (POAA) are frequently called upon to enforce their association’s covenants, rules, and restrictions. While an association’s governing documents can provide broad authority for enforcement, the VCA & POAA impose procedural requirements, commonly referred to as “due process,” that must be observed, particularly when community associations seek to impose sanctions or obtain certain remedies in court. This alert outlines the statutory framework, practical considerations, and best practices for ensuring compliance with due process requirements.