Virginia’s New Nonstock Corporation Act: Why Your Declaration Now Outranks Your Bylaws
Most Virginia HOAs and condominium associations are incorporated as nonstock corporations. That means they answer to two sets of rules: the community-association statutes (the Property Owners’ Association Act or the Condominium Act) and the Virginia Nonstock Corporation Act, which governs how the corporation itself runs. In 2026 the General Assembly rewrote that corporate statute. **SB 246 and HB 439**, passed unanimously and approved by the Governor in April 2026, make dozens of changes to the Act. They take effect January 1, 2027. Most of the bill is corporate housekeeping. One part matters directly to community associations. When your **declaration** (or condominium instruments) and your **articles of incorporation or bylaws** disagree about dues, assessments, fees, or membership, the declaration now wins. Here’s why that rule was needed, what it covers, and what it doesn’t.
MyFrontYard · September 23, 2026