Legal Question in Real Estate Law in Virginia

Homeowners Associations & Religion

May a homeowners association (HOA) in Virginia use its dues to engage in religious activity or acts which promote a particular religion?

Membership in an HOA is mandatory in many neighborhoods. If the HOA uses the dues it collects from its residents to engage in activities such as Easter egg hunts, Christmas parties, prizes for Christmas decorations, etc., which promote a particular religion (Christianity) would this violate the rights (free speech, freedom of religion) of residents who are not members of that religion? Would it violate fair housing laws or other anti-discrimination laws?


Asked on 4/25/00, 4:31 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Homeowners Associations & Religion

While a HOA is not a governmental entity and therefore first amendment analysis does not apply, use of HOA funds for such activity would seem to fall outside the scope of most covenants establing HOAs and the HOA governing documemnts. Accordingly, use of HOA funds for such purposes may well be subject to challenge.

Read more
Answered on 6/05/00, 1:31 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Virginia