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In Virginia code, where is the reference that allows a homeowner associaton's covenants to be more restrictive than county code?

Locust Grove, VA |

I am a member of a homeowner association. Another member states we must follow county code rather than our own covenants which are more restrictive. Somewhere in Virginia code there must be a reference which allows homeowner associations to be more restrictive because every one I know of does so. So where does that authority come from?

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Attorney answers 1


Your fellow member misunderstands the fundamental reason HOAs exist. An HOA is a collection of people who have chosen to be bound by private contract (the CC&Rs) to live by stricter standards that the city/county/state, so it's already assumed you can not do certain things in an HOA that you have the right to do if you just lived by the laws of the city/county/state. Since they are a matter of private contract, courts give them a lot of deference. The entire point of an HOA is to live by stricter standards than the general law. Board members actually have personal liability if they do not enforce the CC&Rs.

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