Sainani v. Belmont Glen Homeowners Association, Inc.
Loudoun · VA · Supreme Court of Virginia
Member win · architectural
What happened
Belmont Glen sued Sanjay and Sona Sainani for keeping exterior holiday lights and decorations up outside limited holiday windows in the HOA Handbook guidelines. The circuit court awarded the HOA fines, an injunction, and more than $39,000 in attorney fees and costs. On August 26, 2019, the Virginia Supreme Court reversed, holding the seasonal guidelines unenforceable as beyond the declaration.
What the court (or agency) held
The Virginia Supreme Court held that Belmont Glen's seasonal holiday-decoration guidelines were unenforceable because they exceeded the association's authority under its declaration of restrictive covenants. Applying strict construction in favor of free use of property, the Court found the guidelines were not reasonably related to the covenants the HOA cited (nuisance/lighting, modification/ARB approval, and a general rulemaking clause). The Court reversed the circuit court's judgment for the HOA (fines, injunction, and fee award).
Why this matters for members
Handbook seasonal-decoration rules need a real hook in the recorded covenants. General rulemaking, nuisance, and ARB clauses do not automatically authorize holiday calendars that fine owners for lights left up.
What the member did
Defended against the HOA's enforcement suit and appealed the circuit court judgment to the Virginia Supreme Court, arguing the seasonal guidelines exceeded covenant authority.
Questions for the board
- Which recorded covenant expressly authorizes seasonal decoration time windows and fines?
- Are Handbook guidelines being enforced as if they were covenants?
- Before suing over holiday lights, was amendment of the declaration considered?
Questions for a lawyer
- Under Sainani's strict-construction approach, can these guidelines be saved by any cited covenant?
- What happens to fines and fee judgments after reversal for lack of authority?
- How should owners challenge Handbook rules that outrun the declaration?
Citation
Sainani v. Belmont Glen Homeowners Association, Inc., 297 Va. 714, 831 S.E.2d 662 (2019); Record No. 181037 (2019-08-26). Supreme Court of Virginia. Outcome chip: member_win. Source: https://cases.justia.com/virginia/supreme-court/2019-181037.pdf?ts=1566824658
_General information, not legal advice. Outcomes turn on facts and current law._
General information, not legal advice. Outcomes turn on facts and current law.