Brandermill Community Association· Midlothian, Virginia
Our initial scan found 4 potential issues in your governing documents.
We checked the 2 public PDFs on Brandermill Community Association’s website against current Virginia and federal HOA law—and more issues may exist depending on the documents you load.
✓Rules & Enforcement Policies✓CC&Rs / Declaration+ Add up to 10 PDFs in Full Analysis
Community Rules, Architectural & Enforcement Policies · Sec. Residential Design Standards, Section 4.12 · Page 1
Clause authorizes violation charges/fines exceeding Virginia's strict statutory caps of $50.00 for a single offense or $10.00 per day (up to 90 days maximum) for a continuing offense under Va. Code Ann. § 55.1-1819.
“Covenants Hearing Panel Fines and Continuing Violation Charges — Following notice and a hearing before the Covenants Hearing Panel, the Panel may assess a monetary violation charge of up to $100.00 for a…”
Why It’s Flagged
Va. Code Ann. § 55.1-1819
Under Va. Code Ann. § 55.1-1819, the board of directors has no power to assess charges (fines) or suspend privileges for rule violations unless expressly provided in the declaration.
Before any charge or suspension may be imposed, the owner must be given a reasonable opportunity to correct the alleged violation after written notice, followed by a hearing before the board or other tribunal specified in the instruments.
Notice of the hearing, including the charges or other sanctions that may be imposed, must be hand delivered or mailed by registered or certified mail, return receipt requested, at least 14 days before the hearing.
Within 7 days of the hearing, the hearing result must be hand delivered or mailed by registered or certified mail.
The amount of any charges assessed shall not exceed $50.00 for a single offense or $10.00 per day for any offense of a continuing nature (for a period not to exceed 90 days).
Sample Discussion Wording for HOA Counsel
For Board & Counsel Review
1Pursuant to Va. Code Ann. § 55.1-1819, only to the extent expressly authorized in the recorded Declaration, the Board may assess violation charges or suspend privileges after providing the Owner written notice and a reasonable opportunity to cure the violation.
2If the violation is not cured, the Owner shall be given at least 14 days' prior written notice of a hearing (hand delivered or mailed by registered or certified mail, return receipt requested), and the hearing result shall be delivered or mailed by registered or certified mail within 7 days after the hearing.
3Any charge assessed shall not exceed Fifty Dollars ($50.00) for a single offense or Ten Dollars ($10.00) per day for up to 90 days for any offense of a continuing nature.
REMAINING INITIAL FINDINGS & FULL DOCUMENT SET
3 Additional Issues Flagged in Initial Scan
Unlock exact page coordinates, statutory citations, and counsel discussion notes for all 3 remaining issues—plus load up to 10 PDFs for complete review.
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