2006 Code of Virginia § 55-513 - Adoption and enforcement of rules

55-513. Adoption and enforcement of rules.

A. The board of directors of the association shall have the power toestablish, adopt, and enforce rules and regulations with respect to use ofthe common areas and with respect to such other areas of responsibilityassigned to the association by the declaration, except where expresslyreserved by the declaration to the members. Rules and regulations may beadopted by resolution and shall be reasonably published or distributedthroughout the development. A majority of votes cast, in person or by proxy,at a meeting convened in accordance with the provisions of the association'sbylaws and called for that purpose, shall repeal or amend any rule orregulation adopted by the board of directors. Rules and regulations may beenforced by any method normally available to the owner of private property inVirginia, including, but not limited to, application for injunctive relief ordamages, during which the court may award to the association court costs andreasonable attorneys' fees.

B. The board of directors of the association shall also have the power, tothe extent the declaration or rules and regulations duly adopted pursuantthereto expressly so provide, to (i) suspend a member's right to usefacilities or services, including utility services, provided directly throughthe association for nonpayment of assessments which are more than sixty dayspast due, to the extent that access to the lot through the common areas isnot precluded and provided that such suspension shall not endanger thehealth, safety, or property of any owner, tenant, or occupant and (ii) assesscharges against any member for any violation of the declaration or rules andregulations for which the member or his family members, tenants, guests, orother invitees are responsible.

Before any such charges or suspension may be imposed, the member shall begiven an opportunity to be heard and to be represented by counsel before theboard of directors or other tribunal specified in the documents. Notice of ahearing, including the charges or other sanctions that may be imposed, shallbe hand delivered or mailed by registered or certified mail, return receiptrequested, to the member at the address of record with the association atleast fourteen days prior to the hearing.

The amount of any charges so assessed shall not be limited to the expense ordamage to the association caused by the violation, but shall not exceed fiftydollars for a single offense or ten dollars per day for any offense of acontinuing nature and shall be treated as an assessment against the member'slot for the purposes of 55-516. However, the total charges for any offenseof a continuing nature shall not be assessed for a period exceeding ninetydays. After the date a lawsuit is filed challenging any such charges, noadditional charges shall accrue. If the court rules in favor of theassociation, it shall be entitled to collect such charges from the date theaction was filed as well as all other charges assessed pursuant to thissection against the lot owner prior to the action.

The hearing result shall be hand delivered or mailed by registered orcertified mail, return receipt requested, to the member at the address ofrecord with the association within seven days of the hearing.

(1989, c. 679; 1991, c. 667; 1993, c. 956; 1994, c. 368; 1997, cc. 173, 417;2000, cc. 846, 905; 2002, c. 509.)

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