Virginia common interest community managers: license, certified staff and the fidelity bond
How Virginia licenses HOA and condo management firms under § 54.1-2346, the certificate rule for staff and the bond formula.
Virginia calls homeowners' associations, condominiums and cooperatives "common interest communities", and it licenses the companies that manage them through the Common Interest Community Board at the Department of Professional and Occupational Regulation (DPOR). The license is the firm's; the people who run accounts hold individual certificates. Here is what the law requires and what to ask.
Who needs a license
Unless exempt, "any person, partnership, corporation, or other entity offering management services to a common interest community" must hold a valid common interest community manager license before providing those services (Code of Virginia § 54.1-2346). Offering management services without one brings the penalties of § 54.1-111.
The exemptions in § 54.1-2347 cover, among others, employees of a licensed manager working within their jobs, an association's own employees managing that association, a resident or board member acting without compensation, a resident doing bookkeeping or billing for pay (treated as an independent contractor, and covered by the association's fidelity bond), court-appointed receivers and trustees, attorneys practicing law, and CPAs providing bookkeeping or accounting.
Exemptions in practice
The exemptions explain why some small communities in Virginia are run without a licensed firm. A volunteer board member who keeps the books, an owner paid to handle billing (covered by the association's own fidelity bond), or a CPA preparing the statements does not need a manager's license. Once someone outside those categories is paid to provide management services, the license rule applies. If your board is weighing a part-time bookkeeper against a licensed firm, check § 54.1-2347 first, and make sure the association's own fidelity coverage is in place whichever route you take.
Certified employees
Since July 1, 2012, it has been a condition of the firm's license that every employee with principal responsibility for management services to a community, or who supervises employees who provide them, holds a Board certificate within two years of being hired or works under the direct supervision of a certified employee (§ 54.1-2346(C)). The firm must notify the Board when a certified employee leaves. DPOR publishes certificate holders separately from firms; ask who will manage your community and look the person up.
The fidelity bond
Virginia sets a concrete minimum for theft protection. The firm must keep "a blanket fidelity bond or employee dishonesty insurance policy" covering theft or dishonesty by its officers, directors and employees, including losses of its clients (§ 54.1-2346(D)). The coverage must equal the lesser of $2 million or the highest aggregate amount of the operating and reserve balances of all associations under the firm's control during the prior fiscal year, with a minimum of $10,000.
That formula matters for a large community. A small firm whose clients' balances total $600,000 needs $600,000 of coverage; if your association alone holds $900,000 in reserves, ask whether the firm's coverage will rise when you join, and consider the association's own crime policy as well.
Other conditions of the license
To be licensed and to renew, the firm also certifies to the Board that it is in good standing and authorized to do business in Virginia and that it has a code of conduct for its officers, directors and employees to protect against conflicts of interest, among other conditions listed in § 54.1-2346(E). Ask for a copy of that code of conduct.
What we list
We list firms in DPOR's weekly list of current Common Interest Community Manager licensees (list 0501) with an address in Virginia, Maryland or the District of Columbia, since many firms serving Northern Virginia are based across the river. Individual certificate holders are not listed. DPOR's lists don't include phone numbers or disciplinary history; DPOR's License Lookup shows any disciplinary orders.
The Common Interest Community Board and Ombudsman
The Common Interest Community Board licenses managers and certificate holders and registers associations. Virginia also has an Office of the Common Interest Community Ombudsman at DPOR, which helps owners with association complaint procedures. A complaint about a licensed manager's conduct goes to DPOR.
Associations register too
Virginia's Common Interest Community Board also keeps a register of associations, and DPOR publishes it alongside the manager list. A management firm that takes on your community should know whether the association's registration is current and who files it. Ask during the proposal stage rather than discovering a lapsed registration later.
What a Virginia management agreement should cover
- Scope. Financial services only, or full service including vendor management, inspections, meetings and owner communications.
- The assigned manager and whether they hold a CIC certificate, plus who covers when they are away.
- Money. Accounts in the association's name, board access to statements, signature limits and how reserves are invested.
- Bond or insurance. The firm's fidelity coverage amount, and whether the association carries its own crime policy as well.
- Fees. The base fee and every extra, including resale disclosure packets and collection work.
- Ending the contract. Termination notice, any fee for ending early, and a firm deadline for handing over records and funds.
Questions for a Virginia management firm
- Your DPOR license number (it begins 0501) and expiry date.
- Who will manage our community, and do they hold a CIC certificate?
- Your current fidelity bond or employee dishonesty coverage amount, and how it compares with our balances.
- A copy of your code of conduct on conflicts of interest, and any vendor relationships.
- Whose name our bank accounts will be in, and who can sign.
- The term, the termination notice, and how quickly records and funds come back at the end.
This guide paraphrases the Code of Virginia sections linked above. For anything that matters to a decision, read the statute and talk to your association's attorney.
General information only, current as of the date above. The information on HOA Manager Check is not a recommendation or a guarantee of anyone's work. A license record shows registration status on the date shown, not workmanship, insurance coverage at the time of your job, or suitability for your project. Confirm license, insurance and permits directly before you hire. Rules and programs change; check the official sources linked in this guide.