Virginia HOA Voting Laws: The Complete 2026 Guide to the Property Owners' Association Act

Virginia Has Two Separate HOA Statutes, and Most Boards Don't Know the Difference

Virginia is one of a handful of states that governs community associations under two distinct statutes. If your community was organized as a property owners' association, you're governed by the Virginia Property Owners' Association Act (POAA): Code of Virginia §55.1-1800 through §55.1-1836. If your community is a condominium, you're governed by the Virginia Condominium Act (VCA): Code of Virginia §55.1-1900 through §55.1-1974.

The election rules, notice requirements, and voting procedures differ between these two statutes. Applying the wrong one can invalidate your election.

This guide covers both statutes, highlights the differences, and explains what boards need to know for 2026.

This article is for informational purposes only and does not constitute legal advice. HOA election requirements vary by governing documents and local regulations. Consult a qualified attorney for advice specific to your community.

The Property Owners' Association Act (POAA)

Board Elections

Under the POAA (§55.1-1811), elections are conducted according to the association's bylaws and declaration. Virginia's statute is less prescriptive than California or Florida, it defers substantially to the governing documents.

Key provisions:

• Board composition: As specified in the bylaws. Most Virginia POAs have 3-7 board members with staggered terms.
• Term lengths: Typically 2-3 years as specified in bylaws.
• Removal: Board members can be removed by the membership at a meeting called for that purpose, subject to the bylaws (§55.1-1811).

Notice Requirements

Quorum Requirements

The POAA does not mandate a specific quorum percentage. Quorum is set by the bylaws. If the bylaws are silent, Virginia's Nonstock Corporation Act (§13.1-849) provides a default quorum of one-tenth (10%) of the votes entitled to be cast.

This is more favorable than many states. Virginia communities struggling with participation can potentially achieve quorum with just 10% of members.

Electronic Voting

Virginia explicitly authorizes electronic voting for community associations through two statutes:

§55.1-1815 provides that members may vote at meetings in person, by proxy, or by absentee ballot, including via electronic means, if the board of directors has adopted guidelines for electronic voting. Members voting by absentee ballot or proxy are considered present for quorum purposes.

§55.1-1832 (Use of Technology) broadly authorizes electronic means for voting, notices, signatures, and other association functions. Key requirements:

• Voting on matters may be accomplished by electronic means, with a record of the vote maintained
• If a secret ballot is required, the electronic method must protect the voter's identity
• If an individual lacks the capability for electronic participation, the association must provide a reasonable alternative at its expense

These provisions were significantly updated in 2021 (HB 1816 and SB 1183) to expand electronic meeting and voting authority. This authorization is broader than California's (which excludes assessment votes from electronic voting) but requires the same core protections: authentication, record-keeping, and an alternative for those who cannot participate electronically.

Proxy Voting

Proxies are permitted under the POAA (§55.1-1815):

• Members may vote at meetings in person, by proxy, or by absentee ballot
• Proxy requirements (form, duration, revocation) are governed by the association's bylaws and Virginia's Nonstock Corporation Act (§13.1-847)
• Under the Nonstock Corporation Act, proxies must be in writing, are valid for 11 months unless a shorter period is stated, and are revocable by the member

Assessment Vote Requirements

The POAA requires member approval for assessments that exceed the amount established by the declaration. The specific threshold and voting standard are governed by the declaration and bylaws.

Most Virginia declarations require:

• Annual assessment increases: Board authority within limits set by the declaration (commonly 10-15% annual cap)
• Special assessments: Member vote required, typically majority of those present and voting at a properly noticed meeting

The Virginia Condominium Act (VCA)

Key Differences from the POAA

Condo-Specific Requirements

The VCA has additional provisions that don't apply to HOAs:

• 1Transition from declarant control: The developer must relinquish control of the board according to a defined schedule (§55.1-1943(A))

• 2Reserve studies: Condominiums must conduct reserve studies at least every five years (§55.1-1965)

• 3Insurance requirements: Specific master policy requirements (§55.1-1963)

Common Virginia HOA Election Mistakes

Mistake 1: Using the Wrong Statute

Virginia boards that don't know whether they're governed by the POAA or VCA apply the wrong rules. The distinction matters, from notice periods to the specific governance provisions each statute imposes.

Mistake 2: Insufficient Notice

14 days is the minimum for annual or regularly scheduled meetings, and 7 days for other meetings. Boards that send notice late create grounds for challenge.

Mistake 3: No Written Proxy Procedures

Virginia requires written proxies filed with the secretary before the meeting. Verbal proxies, text-message proxies, or proxies submitted after voting begins are invalid.

Mistake 4: Ignoring Electronic Voting Authorization

Virginia has authorized electronic voting, with significant expansions in 2021. Communities that still rely exclusively on in-person meetings or paper mail-in ballots face lower participation and higher costs without legal justification.

How to Run a Compliant Virginia HOA Election

Step 1: Identify Your Governing Statute

Determine whether your community is governed by the POAA or VCA. Check your declaration, it will reference the applicable statute.

Step 2: Review Bylaws for Election Procedures

Virginia defers heavily to bylaws. Your bylaws specify quorum, nomination procedures, term lengths, and voting standards.

Step 3: Send Proper Notice (14+ Days)

Mail or deliver notice at least 14 days before an annual or regularly scheduled meeting (7 days for other meetings). Include time, place, purpose, and any ballot materials.

Step 4: Set Up Voting Infrastructure

If using electronic voting, ensure your system provides:

• Voter identity authentication
• Recorded and retrievable votes
• Paper ballot alternative for members who prefer it
• Audit trail documentation

Step 5: Document Everything

Create a complete record of:

• Notice delivery (dates, method, recipients)
• Voter verification
• Ballots received (timestamped)
• Vote tabulation
• Results announcement

At [vote.direct](https://vote.direct), you build your Virginia HOA election yourself and can send yourself a free test ballot before anything reaches owners. The platform handles voter authentication, ballot secrecy, automatic reminders, and instant tabulation, all compliant with §55.1-1815 and §55.1-1832's electronic voting requirements. Elections start at $4.99/election (flat rate, email + SMS included), or have us manage everything from $199.

FAQ

Q: Is electronic voting legal for Virginia HOAs?

Yes. The POAA authorizes electronic voting through §55.1-1815 (voting by electronic means at meetings) and §55.1-1832 (use of technology). The VCA authorizes it through §55.1-1953. Both require authentication and record-keeping.

Q: What is the quorum for a Virginia HOA meeting?

Whatever your bylaws specify. If your bylaws are silent, the default under Virginia's Nonstock Corporation Act (§13.1-849) is 10% of votes entitled to be cast, one of the lowest defaults in the country.

Q: Can Virginia HOA board members be recalled?

Yes. Under both the POAA and the VCA, board member removal is governed by the association's bylaws and declaration. Review your governing documents for the specific threshold and procedure.

Q: Do Virginia HOAs require secret ballots?

Virginia does not have a blanket secret ballot requirement like California. Whether secret ballots are required depends on your governing documents.

Q: How long must election records be retained in Virginia?

Virginia does not specify a mandatory retention period for election records. Best practice is to retain all records for at least 1 year after the election.

Sources:

• 1Code of Virginia §55.1-1800 through §55.1-1836: Property Owners' Association Act

• 2Code of Virginia §55.1-1900 through §55.1-1974: Virginia Condominium Act

• 3Code of Virginia §55.1-1811: Board of directors powers and duties

• 4Code of Virginia §55.1-1815: Access to association records; association meetings; notice; voting (including electronic voting authorization)

• 5Code of Virginia §55.1-1832: Use of technology (electronic voting, notices, signatures)

• 6Code of Virginia §55.1-1953: Voting; proxies; electronic voting (Virginia Condominium Act)

• 7Code of Virginia §55.1-1949: Condominium meeting and notice rules

• 8Code of Virginia §13.1-849: Nonstock corporation quorum default

• 9Code of Virginia §13.1-847: Proxies (Nonstock Corporation Act)

• 10Virginia HB 1816 and SB 1183 (2021): Expanded electronic meeting and voting authority