Appellate Victory: Protecting Homeowners’ Rights

Ella Wilbourn
February 6, 2026

Major Win for Homeowners Against Improper HOA Enforcement

We are proud to share a significant appellate victory for our clients in a newly published decision from the Court of Appeals of Virginia. In Terrace View Property Owner’s Association, Inc v. Jannah (Feb. 3, 2026), the Court unanimously affirmed that the homeowners’ association lacked authority to impose fees or enforce restrictive covenants against our client’s property.

At the center of the dispute was whether the HOA qualified as a valid property owner’s association under Virginia’s Property Owners’ Association Act. The Court held that the association did not meet the statutory requirements necessary to levy assessments or enforce restrictive covenant. This further reinforced longstanding protection for homeowners and limiting improper HOA overreach.

Importantly, the Court also emphasized that the contractual provision allowing associations to impose fees must be definite and enforceable. This means rejecting vague or open-ended authority that fails to clearly define obligations. As a published opinion, this decision carries precedential weight. Future disputes involving HOA power and homeowner rights across the Commonwealth can look to our win for guidance.

This outcome reflects our firm’s commitment to strategic litigation and strong appellate advocacy. Congratulations to Andrew P. Connors for the win; we appreciate your outstanding advocacy. We are honored to help secure justice for our clients, and to help strengthen legal protections for property owners.

If you are facing an HOA dispute, or other complex property or contract-related litigation, our team is prepared to help. We fight to protect our client’s rights and deliver results at every stage of the legal process.

Full official opinion linked here.

Author
Recent Posts

Ella Wilbourn

Can You Trademark a Voice? AI, Celebrity Identity, and the Future of Intellectual Property

From Catchphrases to Voices In a prior discussion, we explored how celebrities like Matthew McConaughey have taken steps to protect recognizable elements of their identity,

Who Owns AI-Generated Content?

Who Owns AI-Generated Content? Understanding Intellectual Property Rights Artificial intelligence is rapidly becoming part of everyday business operations, from marketing content to product development. But

Showgirl Showdown

The Taylor Swift trademark infringement lawsuit highlights the importance of securing intellectual property rights early. This dispute, centered on the name of her newest

Why DIY Contracts Can Be a DISASTER for Your Business

Contracts are one of the most important components of any business. They define how your company operates, outline obligations, and determine how and when you

Experienced Trademark, Copyright, IP, and Business Law Attorneys.

Darkhorse Attorneys is a boutique intellectual property law firm advising and representing clients in intellectual property and business matters. We specialize in trademark, copyright, trade secret, and business law. We especially focus on intellectual property litigation, business litigation, contract law, business planning, and software and technology law.

Lynchburg Office

Darkhorse Attorneys
119 Tradewynd Dr.
Suite B
Lynchburg, VA 24502

Roanoke Office

Darkhorse Attorneys
307 Market St. SE
Suite 203
Roanoke, VA 24011

Charlotte Office

Darkhorse Attorneys
8936 Northpointe Executive Park Dr. Suite 240/260 (Office 202)
Huntersville, NC 28078

© 2016-2026 Darkhorse Law PLLC. All rights reserved. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. Every case is different. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.