Can an HOA Restrict Rentals in Virginia?

What Virginia law says

Virginia is one of the most owner-protective states on HOA leasing. Section 55.1-1806 of the Property Owners' Association Act (and its condominium mirror, § 55.1-1973) provides that '[e]xcept 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...; (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...; (4) require the lot owner to use a lease or addendum prepared by the association; (5) charge any deposit...; (6) evict a tenant...; or (7) refuse to recognize the owner's authorized representative.' The association may require tenant names, contact and vehicle information, and the tenant's acknowledgment of the rules — and nothing more, unless the declaration says otherwise.

The practical consequence, emphasized in Virginia Common Interest Community Board guidance, is that leasing restrictions must be traceable to express authority in the recorded declaration or condominium instruments. Virginia courts increasingly require that association action affecting ownership rights — like the right to lease — be grounded in the recorded documents. A board-adopted 'no rentals' rule with no declaration authority behind it is subject to legal challenge, and communities that want leasing regulation they lack must amend their recorded documents — which under § 55.1-1829 generally requires a two-thirds vote of the lot owners.

None of this means Virginia HOAs are powerless over rentals. Declarations that expressly authorize leasing rules can and do impose minimum lease terms (Ashburn Village's six-month minimum is typical), ban transient or hotel use, require written leases filed with management, and set whole-unit-only requirements. And Virginia's 2026 accessory-dwelling-unit law (SB 531, effective July 1, 2027) expressly leaves HOA covenants untouched — a recorded covenant can still prohibit an ADU outright even after the state legalizes them by right.

• Va. Code § 55.1-1806 — Bars property owners' associations from conditioning or prohibiting rentals, charging over $50 in rental fees per lease term, requiring association lease forms, charging deposits, or evicting tenants — unless expressly authorized by the declaration.
• Va. Code § 55.1-1973 — Identical rental protections for condominium unit owners' associations.
• Va. Code § 55.1-1829 — A property owners' association declaration may generally be amended by a two-thirds vote of the lot owners.

What HOAs in Virginia can and can’t do

HOAs generally can:

• Restrict or prohibit rentals where the recorded declaration expressly authorizes it (minimum terms, STR bans, whole-unit-only rules)
• Require owners to provide tenant names, contact and vehicle information, and the tenant's acknowledgment of community rules
• Charge up to $50 in rental, application, or processing fees during the term of a lease
• Enforce recorded leasing covenants through fines and other remedies the documents allow

Limits under Virginia law:

• Condition or prohibit rentals by board rule alone — leasing restrictions need express declaration authority (§§ 55.1-1806, 55.1-1973)
• Charge rental, application, or processing fees over $50 per lease term, or any annual/monthly rental fee not expressly authorized
• Require owners to use an association-prepared lease or addendum, or charge deposits from owners or tenants
• Evict a tenant or require an owner to sign a power of attorney letting the association do so

Things to know in Virginia

• The $50 fee cap is per lease term, not per year — an HOA cannot stack application, processing, and 'rental' fees above $50 for a single lease unless the declaration expressly authorizes more.
• Leasing authority must be express: Virginia courts 'look for express authority in recorded documents,' so a declaration that is merely silent on rentals is not enough to support a board-imposed ban.
• ADUs stay covenant-controlled: SB 531 makes accessory dwelling units legal by right statewide starting July 1, 2027, but expressly does not override HOA covenants — a recorded ADU ban (like Reston's) survives the new law.
• The association-owned-lot exception: § 55.1-1806(C) provides these rental protections do not apply to lots the association itself owns.

Rental rules we’re seeing in Virginia

Real examples from the HOA411 database:

• Ashburn Village, Ashburn — The amended declaration (§8.6) requires written leases of at least 6 months, bans transient/hotel use including Airbnb and VRBO, and requires a lease copy plus the AVCA lease addendum to be filed with management — declaration-level authority of the kind Virginia requires.
• Lake Ridge, Woodbridge — The declaration affirmatively permits leasing — 'Nothing herein shall be deemed to prevent the leasing of all such property to a single family from time to time by the Owner' — with observed townhome rentals carrying a 12-month minimum per listings.
• Lake Christopher, Virginia Beach — The HOA's management company lists 'Leasing: No restrictions' for this 361-home lake community — no rental cap or waiting period was found in the documents reviewed.
• Brandermill, Midlothian — The community association's official FAQ answers 'Can I rent out my house in Brandermill?' with 'Yes' — requiring only a current Owner Directory Form on file, with tenants bound by the covenants.

Frequently asked questions

Can my Virginia HOA ban rentals?

Only if the recorded declaration expressly authorizes it. Va. Code § 55.1-1806 provides that no association may 'condition or prohibit the rental to a tenant of a lot' except as expressly authorized in the statute, the declaration, or other law. A ban imposed by board rule alone, without declaration authority, is subject to legal challenge.

What is the most my Virginia HOA can charge for a rental?

$50 during the term of any lease. The statute caps rental, application, and processing fees of any kind at $50 per lease term and bars any annual or monthly rental fee not expressly authorized. The HOA also cannot require deposits from owners or tenants.

Can my Virginia HOA make me use its lease form?

No. Section 55.1-1806(4) prohibits associations from requiring an owner to use a lease or lease addendum prepared by the association. The HOA may require the tenant's written acknowledgment of the community rules, but the lease itself is the owner's.

Can my Virginia HOA evict my tenant?

No. The statute expressly denies associations the authority to evict a tenant or to require an owner to execute a power of attorney authorizing the association to do so. Eviction is the owner's legal proceeding, not the HOA's.

My HOA wants to add rental restrictions it doesn't currently have. What vote is needed?

Amending the declaration generally requires a two-thirds vote of the lot owners under Va. Code § 55.1-1829 (unless the declaration sets a different threshold). Until the amendment is recorded, the board cannot create the restriction by rule.

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General information only, not legal advice. HOA rules change — confirm directly with the HOA or a Virginia attorney before buying or leasing.