2026 Virginia Legislative Changes Affecting Community Associations
Virginia’s 2026–2027 legislative session delivered important statutory changes that will affect how community associations operate, enforce obligations, and manage property‑related issues. From major revisions to collection procedures to new rules governing easements, notarial practices, and accessory dwelling units, associations should begin preparing now for compliance with these upcoming requirements.
The following summary highlights key statutory changes affecting property owners’ associations and condominium unit owners’ associations.
I. Collections & Enforcement
HB 444 — Uniform Consumer Debt Default Judgments Act (Effective July 1, 2027)
This law substantially revises the requirements for obtaining a default judgment. Initial filings must include detailed information about the creditor, account status, and the basis of the debt. A new mandatory notice attached to the filing concerning the lawsuit and a potential judgment must accompany the filing. The law requires the Office of the Executive Secretary of the Supreme Court of Virginia to promulgate a notice form. Attorneys and collections professionals should review these changes closely.
SB 189 — Required Information in Court Filings (Effective July 1, 2027)
When this new law takes effect, attorneys filing initial pleadings for consumer debt collection must provide their full name, business address, and business telephone number. Pleadings lacking this information are defective and may be stricken.
HB 1426 — Enforcement of Judgments (Effective July 1, 2027)
When this new law is effective, judgments obtained on or after July 1, 2026, by a debt buyer in general district court will be subject to a non‑extendable ten‑year enforcement period, even if docketed in circuit court.
HB 601 / SB 301 — Minimum Protected Balance for Garnishments (Effective July 1, 2026)
Financial institutions must protect a minimum combined balance of $1,000 in a debtor’s accounts from garnishment. Federal benefits—including Social Security, veterans’ benefits, and child support—remain protected if deposited within the previous two months.
II. Property Access & Easements
HB 803 / SB 77 — Entry Onto Neighboring Property for Repairs or Maintenance (Effective July 1, 2026)
New legislation allows the owner of a property to petition the circuit court where he or she lives for a right of entry onto a neighboring property for purposes of repairing or maintaining the exterior of his or her structure when it would be impossible to repair or maintain the structure without this access.
HB 252 — Relocation or Modification of Easements (Effective July 1, 2026)
Easements may be relocated through a written agreement signed by both the easement holder and the property owner and recorded with the circuit court clerk.
III. Notaries
HB 163 / SB 316 — Notary Requirements (Effective July 1, 2026)
Notaries and those who frequently use notaries should be aware of a significant change in the requirements for a notary public in Virginia. Among many changes, notaries must now keep a journal with certain required information concerning all notarial acts.
IV. Virginia Nonstock Corporation Act
SB 246 / HB 439 —Revisions to Virginia Nonstock Corporation Act (Effective July 1, 2027)
The General Assembly enacted extensive updates to the Virginia Nonstock Corporation Act, which governs incorporated community associations. The legislation clarifies that existing association documents remain effective even when inconsistent with the statutory language.
V. General Issues Affecting Associations
HB 395 / SB 250 — Portable Solar Generator Devices (Effective July 1, 2027)
Localities and certain landlords may not prohibit small portable solar generation devices. Recorded covenants, declarations, contracts, and agreements may still regulate their use.
HB 1120 — DMV Workgroup on E‑Bikes and Similar Devices
A DMV workgroup will study possible policies for safety improvements for electric power‑assisted bicycles, motorized skateboards and scooters, electric personal mobility devices, and mopeds. Additional legislation is expected in future sessions.
HB 611 / SB 531 — Accessory Dwelling Units (ADUs) (Effective July 1, 2027)
Localities must allow ADUs as a permitted use in all single‑family residential zoning districts. Permit fees are capped at $500, and setback and height requirements for ADUs may not exceed those applicable to primary residences.
HB 222 — Swimming Pools (Effective July 1, 2026)
This new law requires the Virginia Board of Health to promulgate regulations for public use of swimming pools. These new regulations will govern water treatment and disinfection, water quality data posting, safety equipment and features, maintenance and safety of equipment and premises, operational requirements, facility staffing, and incident response. Associations with swimming facilities open to the public in some form should pay close attention to the forthcoming regulations.
SB 803 — Virginia Fair Housing Law (Effective July 1, 2026)
This legislation requires the Real Estate Board and Fair Housing Board to issue new regulations defining “quid pro quo harassment” and “hostile environment harassment” “prohibited interference,” “coercion,” and “intimidation conduct” consistent with federal regulations. Communities should stay informed of these changes.
The General Assembly’s 2026–2027 session produced numerous statutory changes affecting community associations. Associations, managers, and business partners should review these laws carefully and consult with our Community Associations team for compliance, guidance, and assistance.
Team
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