§ 55-509.3:1

Rental of lots

A. Except as expressly authorized in this chapter or in the declaration or as otherwise provided by law, no association shall:

1. Condition or prohibit the rental to a tenant of a lot by a lot owner or make an assessment or impose a charge except as provided in § 55-509.3;

2. Charge a rental fee, application fee, or other processing fee of any kind in excess of $ 50 during the term of any lease;

3. Charge an annual or monthly rental fee or any other fee not expressly authorized in § 55-509.3;

4. Require the lot owner to use a lease or an addendum to the lease prepared by the association;

5. Charge any deposit from the lot owner or the tenant of the lot owner; or

6. Have the authority to evict a tenant of any lot owner or to require any lot owner to execute a power of attorney authorizing the association to so evict. However, if the lot owner designates a person licensed under the provisions of § 54.1-2106.1 as the lot owner’s authorized representative with respect to any lease, the association shall recognize such representation without a formal power of attorney, provided that the association is given a written authorization signed by the lot owner designating such representative. Notwithstanding the foregoing, the requirements of § 55-515 and the declaration shall be satisfied before any such representative may exercise a vote on behalf of a lot owner as a proxy.

B. The association may require the lot owner to provide the association with the names and contact information of the tenants and authorized occupants under such lease and any authorized agent of the lot owner, and vehicle information for such tenants or authorized occupants. The association may require the lot owner to provide the association with the tenant’s acknowledgement of and consent to any rules and regulations of the association.

C. The provisions of this section shall not apply to lots owned by the association.


2015, c. 277; 2016, c. 471.


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