Virginia HOA law
Virginia HOA budgets and reserves
A Virginia HOA has to study its reserves and share its budget, but the state does not cap how much dues can go up. Here is what the law requires, where the risk hides, and what to read in the disclosure packet.
What the board has to do
The reserve study is the centerpiece. At least every five years the board studies what it will cost to repair and replace the big-ticket shared components, and at least once a year it reviews that study and adjusts the budget if needed. Before the fiscal year starts, owners get the budget or a summary, so nobody is surprised by the number.
When reserves are needed, the disclosure gets specific. The budget has to show the replacement cost and remaining life of the capital components, the cash currently reserved and the planned contribution, the method used to estimate the reserves, and the gap between what the study recommends and what is actually banked. That last number, the recommended versus actual reserve, is the single most useful line for a buyer.
There is no cap on increases
Virginia does not cap annual assessment increases. Any limit lives in the governing documents, not the statute, so a board with thin reserves and aging components can raise dues or levy a special assessment without a state-law ceiling in the way. The board can meet a shortfall through reserves, additional assessments, or borrowing, at its discretion.
That makes the reserve study the thing to read. A community that is underfunded against its own study is signaling a future increase or a special assessment, and no statute will soften it.
What to check in the disclosure packet
Read these together before you make an offer:
- The most recent reserve study, and the gap between recommended and actual reserves.
- Whether the study is current, since it must be done at least every five years.
- The last few annual budgets to see how fast dues have risen.
- Any special assessment approved or discussed, and board minutes about big upcoming repairs.
Why this matters to your offer
Your dues can rise without a statutory ceiling, so the protection that matters is reading the reserve study and the budget before you buy. An underfunded community is a future cost, whether it arrives as a dues increase or a special assessment.
An HOA Notes brief reads the reserve study, the budgets, and the minutes together, flags a community heading toward a steep increase or a special assessment, and cites the page behind each finding.
What the statute says
Virginia Code section 55.1-1826 (Budget disclosure and reserve study). Before each fiscal year commences, the board must make available to all lot or unit owners either the full annual budget or a summary; the board must conduct a reserve study at least once every five years and review it annually; when reserves are indicated as necessary, the budget must include current replacement cost and useful life estimates for capital components, accumulated cash reserves, procedures used for estimation, and recommended versus current reserve amounts. The board may exercise discretion in meeting capital needs through reserves, additional assessments, or borrowing; it may approve budgets by board action without a member vote unless the declaration requires a member vote; Virginia has no statutory cap on annual assessment increases.
When you read the disclosure packet, watch for no budget disclosure to members required before the fiscal year begins, and no reserve study required or conducted. HOA Notes flags each of these against the statute and tells you which restrictions are actually enforceable.
Get your HOA packet read against Virginia law.
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Order a brief for your packetVirginia HOA budgets and reserves: common questions
How often must a Virginia HOA do a reserve study?
At least once every five years, with an annual review to adjust the budget and assessments as needed under Code of Virginia 55.1-1826.
Is there a cap on Virginia HOA dues increases?
No. Virginia sets no statutory cap on annual assessment increases. Any cap exists only in the governing documents.
What does the budget have to disclose?
When reserves are needed, the replacement cost and useful life of capital components, current reserves and the expected contribution, the estimation method, and recommended versus actual reserves.
Do owners get to see the budget?
Yes. The board must make the annual budget or a summary available to all owners before the fiscal year begins.
Sources, verified 2026-06-03
The statements about Virginia law on this page were verified against three independent sources on 2026-06-03. Section 55.1-1826 is part of the Virginia Property Owners' Association Act (Title 55.1, Chapter 18); the parallel condominium rule is 55.1-1965. Statutes change; confirm the current text before relying on it.
- Code of Virginia section 55.1-1826 (annual budget; reserve study), Virginia General Assembly. Verified 2026-06-03. law.lis.virginia.gov
- Code of Virginia section 55.1-1826 (2024), Justia. Verified 2026-06-03. law.justia.com
- Virginia reserve study requirements, PropFusion. Verified 2026-06-03. propfusion.com
About this page
Last reviewed 2026-06-03. This page is a general buyer guide and a description of the HOA Notes service. HOA Notes is not a law firm and this is not legal advice. Virginia statutes change; the citations above were verified against current sources on the date shown. Consult a Virginia real estate attorney before relying on any legal right described here.