Common Interest Communities in Virginia: Legal Dilemmas and Legislative Responses to Self‐Governance

Abstract

This article provides principal research in identifying and describing the nature and scope of current legal concerns within common interest communities (CICs) in the Commonwealth of Virginia. Very little federal guidance is available and Virginia statutes provide minimal direction in assessing the role of the many stakeholders in these “quasi‐public” governing entities. Of paramount concern is determining the degree to which legal mechanisms should mandate liability at the risk of dissuading voluntary participation in associations and also determining with whom the rights and responsibilities of CIC activity should reside—‐with the individual property owners, the majority of homeowners in the community as represented by a board, some governmental entity, or some combination of interested parties. This study, therefore, introduces the concerns of the Virginia courts and legislature, CIC attorneys, political scientists and management professionals as they grapple with finding a balance between preserving individual rights of property owners to self‐manage and at the same time, ensuring collective responsibility and attention to the governing activities that demand public scrutiny. It concludes with their suggested remedies for securing an adequate balance resulting in a successful future for CICs in Virginia and across the country.