Property Development & Owners' Associations.
In a development or community association, decisions aren't made by one party. They're shaped by governing documents, board actions, and the interests of multiple owners. That structure creates both opportunities and friction, especially when questions arise about authority, obligations, or enforcement.
includes.
From raw land to a functioning community — and the years that follow.
- Formation and Structure
- Drafting declarations, bylaws, and governing documents
- Establishing rules, regulations, and community standards
- Governance and Operations
- Supporting board governance and operational decisions
- Advising on records management and owner access requirements
- Compliance
- Advising on CICB registration and compliance requirements
- Development and Transition
- Assisting with developer-to-association transitions
- Enforcement and Collections
- Managing assessment collection, liens, and enforcement actions
- Handling foreclosure and enforcement of association liens
- Addressing covenant enforcement and owner disputes
need this.
You may need help with development or association matters if you are:
- Creating or structuring a new property development or owners' association
- Transitioning control from a developer to an association
- Serving on a board and navigating governance responsibilities
- Managing assessments, records, or compliance obligations
- Enforcing covenants or addressing disputes within the community
- Handling delinquent assessments or property-related enforcement
Developments and associations don't operate like typical businesses—decisions are made across boards, owners, and governing documents, often with competing priorities. We work with developers, associations, and board members to structure communities from the outset and to navigate the day-to-day realities of operating them, including governance decisions, compliance obligations, and enforcement actions. Because we represent multiple parties involved in these communities, we bring a broader perspective on how issues unfold—and how decisions are likely to be received on all sides.
questions.
Questions clients ask about property development in Virginia.
Developers, landowners, and investors ask versions of these. Plain-English answers — not legal advice for your specific project.
When does control of the development transfer from the developer to the Association?
This question is common among both homeowners and associations. The terms of the governing documents, or declarations, should provide the answer. Generally, a developer (or declarant) determines in the declarations when control is transferred to the homeowners — such as when the developer sells the last lot, or based on a formula when the developer loses a controlling number of votes. Upon losing “control,” the developer should record an instrument in the land records indicating a transfer of rights to the association. The Code of Virginia further provides what documents and information the developer must provide the Association.
What should an Association do if an owner is not paying dues?
The board of directors generally has an affirmative fiduciary duty to collect assessments. An association should apply the payment obligation fairly against all owners or could face criticism from paying homeowners. The declarations may offer options, such as suspension of common area usage or payment of late fees and interest. An increased level of action may include filing a lawsuit, recording a memorandum of lien, and, in the most egregious circumstances, foreclosing.
Can the declarations be amended by the owners?
The declarations can almost always be amended, but the process may vary. A review of the declarations is needed to determine first if the developer maintains control over the association, which may allow the developer to unilaterally change the declarations. If the developer no longer has control, a defined percentage of the owners is normally stated in the declarations. In the absence of a stated threshold, the Code of Virginia provides that the default percentage is two-thirds of all owners.
When an owner refuses to undertake necessary repairs on its property, can the association undertake repairs and charge the expenses back to the owner?
Like many issues, the language of the declarations governs. Many declarations allow for this relief, particularly when an emergency exists to protect the health, safety, and property of others.
What maintenance obligations belong respectively to the owner and the association?
One would think that the answer is always obvious under the declarations, which set forth the general maintenance rules of the association. However, as the subdivision or development has changed over the years, the maintenance obligations can often evolve or become blurred. A thoughtful analysis of the declarations is generally needed to ascertain the rights of the involved parties.
PLDR property development & HOA lawyers in Virginia.
Attorneys who know association governance and draft the declarations.
Talk with our team.
If you're involved in a development or association and need guidance on structure, operations, or enforcement, we'll help you understand your options and how to move forward.