Fair HOA enforcement means enforcing only rules the Board had the power to adopt, the same way for every owner. The Board gives notice and a chance to be heard before any fine. It decides in open meetings where the law requires and keeps minutes owners can see. That record answers an owner who calls the Board overbearing.
Key takeaways (the short version)
- Condo Boards in DC, Maryland and Virginia owe notice and a chance to be heard before a fine. Maryland and Virginia HOA Boards owe the same. Ask counsel whether Maryland documents change this.
- Virginia charges need express authority in the declaration or rules and cap at $50 per offense or $10 a day for up to 90 days.
- Most Board and committee meetings are open to owners.
- One director cannot act for the Board without authority from the bylaws or a Board vote.
What does fair rule enforcement ask of an HOA Board?
The Community Associations Institute (CAI) asks Boards to "uniformly enforce all rules" after seeking voluntary compliance.
In a 2026 Foundation for Community Association Research survey of 3,000 residents, 82 percent said their Board members absolutely or for the most part strive to serve the community's best interests.
Which of our rules can the Board enforce?
Rules within the Board's power, adopted and shared as your statute and documents require. Unenforceable HOA rules usually fail one of those tests.
- Virginia. Board rules cover the common areas and the duties the declaration assigns. Owners can repeal one by a majority of votes cast at a special meeting (§§ 55.1-1819(A), 55.1-1959(A)).
- Maryland. A condo Board sends a proposed rule to every owner and holds an open comment meeting on at least 15 days' notice (Real Prop. § 11-111).
What notice and hearing do we owe an owner before a fine?
Written notice and a chance to be heard before the Board decides on HOA fines. An HOA violation notice names the rule, the fix and the deadline.
| Rule | DC | Maryland | Virginia |
|---|---|---|---|
| Fines and hearings | Condos: reasonable fines after notice and a chance to be heard. No set deadlines or dollar cap (§ 42-1903.08). HOAs: documents control. | At least 15 days to fix a continuing violation, then at least 10 days to request a hearing. No dollar cap. Applies unless your documents say otherwise (Real Prop. §§ 11-113, 11B-111.10). | Declaration or rules must expressly allow charges. Time to fix, then 14 days' hearing notice by hand, registered or certified mail. $50 per offense or $10 a day, up to 90 days (§§ 55.1-1819, 55.1-1959). |
| Open meetings | Condos: open unless your documents say otherwise (§ 42-1903.03). HOAs: documents control. | Condos and HOAs: open, with closed sessions for listed purposes (Real Prop. §§ 11-109, 11-109.1, 11B-111). | HOAs (POAs): open (§ 55.1-1816). Condos: open unless your documents say otherwise (§ 55.1-1949). |
| Records | Condos: proper purpose (§ 42-1903.14). Incorporated HOAs: 5 business days' notice (§ 29-413.02). | Minutes and financial statements sent within 21 days of a written request, 45 if over 3 years old. Other records on reasonable notice (Real Prop. §§ 11-116, 11B-112). | Proper purpose, 5 business days' notice or 10 if self-managed (§§ 55.1-1815, 55.1-1945). |
| Complaints | Association process where the documents set one. Court (§§ 42-1902.09, 29-401.22). | Attorney General can enforce both acts (Real Prop. §§ 11-130, 11B-115). Montgomery County: the CCOC. | Written complaint procedure, then the state Ombudsman (§ 54.1-2354.4). |
Rules as of September 2026. Confirm with association counsel.
How do we apply a rule the same way to every owner?
An HOA can enforce rules consistently with one written process and a log of every case, the Board's record against a claim of HOA selective enforcement. EJF's governance pitfalls guide covers consistency.
- Adopt a written enforcement policy and share it with owners.
- Log every reported violation, no matter who reports it or who owns the home.
- Send the violation notice with a date to comply that meets your statute.
- Send the hearing notice by the method and deadline your statute sets.
- Hold the hearing without directors who have a personal stake. Record the written decision in the minutes.
- Review the log quarterly. Ask counsel before enforcing a rule the Board stopped enforcing.
Which meetings and records stay open to owners?
HOA transparency law opens most Board and committee meetings and most records to owners. Closed sessions cover listed purposes such as personnel, legal advice, contracts and violation hearings. Owners get a comment period at most regular Board meetings. See the Board meetings checklist and transparent communication articles.
How should our Board handle an owner complaint or dispute?
Hear HOA complaints under a written procedure and answer in writing. CAI's policy on HOA dispute resolution starts with the association's own process.
- Virginia. Every association needs a written complaint procedure that acknowledges a complaint within 14 days, gives at least 14 days' notice before considering it and sends the decision within 7 days (18VAC48-70-50). The owner then has 30 days to take an adverse decision to the Common Interest Community Ombudsman, whose review is non-binding.
- Maryland. The Attorney General can enforce the condo and HOA acts. In Montgomery County the Commission on Common Ownership Communities hears disputes over official Board actions after the association's own process.
- DC. Use the association's own process where the documents set one. An owner can also go to court.
What can the rest of the Board do when one director acts alone?
Put the action on the next Board agenda for a vote. A director can act alone only with authority from the bylaws or a Board vote. An incorporated association's Board acts by majority vote at a meeting with a quorum (D.C. Code § 29-406.24; Va. Code § 13.1-868). Unincorporated associations follow their bylaws.
For an HOA Board of directors code of conduct, start from CAI's Model Code of Ethics for Community Association Board Members. It asks directors to act "without bias for or against any individual or group of owners". Have every director sign it each year. The conflicts of interest article covers disclosure and recusal. The "Working with a Divided Board" and "Board Conflict Resolution" webinars go further.
Frequently asked questions
What counts as HOA abuse of power or harassment?
Owners use these phrases, and HOA overreach, when they believe a Board or director broke the documents or singled them out. Start with a written complaint to the full Board or a hearing request. Outside routes are the Virginia Ombudsman (no harassment claims), the Maryland Attorney General, Montgomery County's CCOC and court in DC.
Can an HOA fine you without a warning or a hearing?
Generally not in a condo or a Maryland or Virginia HOA, where the statutes require notice and a chance to be heard. Maryland documents may change the steps. If there was no hearing, ask the Board for one in writing.
What happens if you don't pay an HOA fine?
An unpaid fine can go to collection after the Board decides it. Dispute it at the hearing stage. Virginia treats violation charges as assessments for lien purposes. Maryland never allows foreclosure for fines.
Can I sue my HOA for selective enforcement?
In some cases, starting with a written request for a Board hearing. Virginia law and the DC Condominium Act let owners sue over breaches of the statute or documents. Virginia documents can call for arbitration and DC courts give condo Board decisions business judgment review. In Maryland skipping enforcement of the declaration or bylaws once does not waive it.
How do I remove an HOA Board member?
Vote the director out at the next annual election or sooner at a members' meeting whose notice lists removal as a purpose. Incorporated DC and Virginia associations allow removal with or without cause unless the documents require cause (D.C. Code § 29-406.08; Va. Code § 13.1-860). From January 1, 2027, Virginia bylaws can also require cause or a larger vote.
Is my HOA Board allowed to ignore the bylaws?
No. The bylaws bind the Board and an owner can challenge a decision that breaks them. Start with a written request that the Board explain it.
This article is general information for association Boards and is not legal advice. Your governing documents and association counsel control.
How does a management company help a Board enforce consistently?
Under a typical management agreement the manager sends violation notices and tracks cure deadlines. The Board holds the hearings. EJF Real Estate Services manages more than 650 associations in DC, Maryland and Virginia. Full-Service accounts get a manager who attends Board meetings in person and documents minutes and action items. If your current manager has no written enforcement process, request a proposal at ejfrealestate.com/request-proposal or call 202-537-1801.
