2011 SESSION

Convened January 12, 2011 -

PROPERTY AND CONVEYANCES

(P) Passed (F) Failed (V) Vetoed (I) Incoporated into other legislation

(C) Carried over from 2010 Session (CD) Carried over but died in committee on or before 12/2/2010

Adverse possession; abolition. Amending §§ 55-171 and 57-17; adding § 8.01-218.1. (Patron-McClellan, HB 219 (CD); McEachin, SB 67 (CD))

Biscuit Run; Department of Conservation and Recreation to negotiate land exchange of certain acres in Albemarle County. (Patron-Abbitt, HB 2167 (Chapter 696))

Blighted property; expands definition to include any residential structure. Amending § 36-3. (Patron-Ebbin, HB 2045 (F))

Common interest communities; charges for access to association books and records may be imposed only in accordance with a cost schedule adopted by board. Amending §§ 55-79.74:1 and 55-510. (Patron-Bulova, HB 1741 (Chapter 361))

Common interest communities; court may enter default judgment against unit owner on sworn affidavit. Amending §§ 16.1-77, 55-79.80:2, and 55-513. (Patron-Sickles, HB 2289 (Chapter 372); Herring, SB 1327 (Chapter 378))

Common interest communities; definitions, fees for disclosure packets. Amending §§ 54.1-2346, 54.1-2347, 54.1-2349, 54.1-2353, 55-79.74:1, 55-79.97, 55-79.97:1, 55-509, 55-509.3, 55-509.6, and 55-509.7. (Patron-Pogge, HB 1674 (Chapter 334))

Common interest communities; payment of resale disclosure packet fees. Amending §§ 55-79.97:1 and 55-509.6. (Patron-Lewis, HB 2188 (Chapter 577); Marsden, SB 1323 (Chapter 585))

Common Interest Community Board; annual payment by common interest communities. Amending §§ 54.1-2349, 55-79.93:1, and 55-516.1. (Patron-Watts, HB 1627 (F))

Common interest community boards; suspension of certain owner rights for rules violations. Amending §§ 55-79.80:2 and 55-513. (Patron-Brink, HB 2304 (F))

Condominium Act and Property Owners’ Association Act; foreclosure on lien for unpaid assessments, priority of certain liens. Amending §§ 55-79.84, 55-79.97, and 55-516. (Patron-Watts, HB 1894 (I) See HB2530; Scott, J.M., HB 2530 (F))

Conservation and Recreation, Department of; authorized to divest itself of certain properties that were conveyed to it by Norfolk Southern Railroad for High Bridge Trail State Park. (Patron-Ruff, SB 1300 (Chapter 319))

Debt secured by deed of trust; recordation of certificate of assignment. Amending §§ 55-58.2 and 55-66.01. (Patron-Petersen, SB 838 (F))

Deeds and deeds of trust; when trust is grantor or grantee, it shall contain certain names. Amending § 55-48. (Patron-Morgan, HB 2507 (Chapter 701))

Defective Chinese drywall; disclosure of information, real estate tax exemption. Amending §§ 54.1-2131 through 54.1-2135; adding §§ 55-225.11, 55-248.12:2, 55-519.2, and 58.1-3284.2. (Patron-Oder, HB 1610 (Chapter 34))

Defective drywall; disclosure of information, real estate tax exemption. Amending §§ 54.1-2131 through 54.1-2135; adding §§ 55-225.11, 55-248.12:2, 55-519.2, and 58.1-3284.2. (Patron-Miller, J.C., SB 942 (Chapter 46))

Delinquent sewer and water fees; the authority shall provide 30 days notice prior to recording a lien on owners property for fees accrued by tenants. Amending §§ 15.2-2119 and 15.2-5139. (Patron-Ingram, HB 2425 (Chapter 580); Smith, SB 1216 (Chapter 529))

Derelict buildings; authority of locality to appoint receivers to repair. Adding § 15.2-907.2. (Patron-McEachin, SB 1312 (F))

Eminent domain; changes maximum limit on waiver of appraisals. Amending § 25.1-417. (Patron-Athey, HB 1693 (Chapter 335))

Eminent domain; condemnor is required to provide an appraisal to owner of condemned property. Amending §§ 25.1-100, 25.1-108, 25.1-204, 25.1-400, 25.1-410, 25.1-411, 25.1-414, and 25.1-417. (Patron-Iaquinto, HB 2161 (Chapter 117); Smith, SB 1436 (Chapter 190))

Foreclosure; use of false records, documents, or statements. Adding § 55-59.5. (Patron-Petersen, SB 837 (F))

Foreclosure procedures; assignment of deed of trust. Amending §§ 26-15, 55-59.1, and 55-66.01; adding §§ 55-59.5 and 55-59.6. (Patron-Marshall, R.G., HB 1506 (F); Marshall, R.G., HB 2473 (F))

Foreclosure procedures; makes various changes to procedures. Amending §§ 26-15, 55-58.1, 55-59, 55-59.1, 59.1-199, and 59.1-200; adding §§ 55-59.5 and 55-59.6. (Patron-McEachin, SB 795 (F))

Implied warranties; allows a vendee to give notice of breach to vendor by hand delivery. Amending § 55-70.1. (Patron-Iaquinto, HB 2160 (Chapter 803))

Inter vivos qualified terminable interest property trusts; donor spouse who establishes trust for his spouse shall not have trust property included in donor spouse’s estate for estate tax purposes. Amending § 55-545.05. (Patron-Edwards, SB 1072 (Chapter 354))

Irrevocable trusts; trustee’s power to appoint assets into second trust. Adding § 55-548.16:1. (Patron-Edwards, SB 1071 (F))

Isle of Wight County; authorizes Department of General Services to convey certain property. (Patron-Barlow, HB 2498 (Chapter 593))

Judicial foreclosure; provides that a court must order sale of property subject to foreclosure for deeds of trust entered into on or after July 1, 2011. Amending § 55-61; adding § 55-58.4. (Patron-McEachin, SB 798 (F))

Land trusts; when trustee named in deed is unable to serve, beneficiaries shall name a successor trustee. Amending § 55-17.1. (Patron-Barlow, HB 2133 (Chapter 661))

Landlord and tenant laws; service of process may be accomplished by a sheriff or a private process server, etc., and may be received and accepted electronically. Amending §§ 8.01-286.1, 8.01-291, 8.01-293, 8.01-294, 8.01-296, 8.01-312, 8.01-315, 8.01-327, 15.2-922, 16.1-79.1, 36-99.5, 55-225.4, 55-248.6:1, 55-248.15:2, 55-248.16, 55-248.18, 55-248.24, 55-248.38:3, and 58.1-486.2; repealing second enactment of Chapter 663, 2009 Acts. (Patron-Oder, HB 1611 (Chapter 766))

Lien and secured creditors; duties. Amending §§ 55-66.3 and 55-66.11. (Patron-Dance, HB 1577 (F))

Manufactured Home Lot Rental Act; makes several changes regarding obligations imposed on landlord. Amending §§ 55-248.41 through 55-248.44, 55-248.45, 55-248.47, and 55-248.51. (Patron-Crockett-Stark, HB 1765 (F))

Mennel Milling Company; authorizes Department of General Services to convey certain real property located in Roanoke County. (Patron-Cleaveland, HB 2162 (Chapter 256); Smith, SB 1211 (Chapter 309))

Mortgage foreclosures; notices and reinstatement right. Adding § 55-59.1:2. (Patron-Alexander, HB 1665 (F))

Notice of foreclosure; written notice shall be sent to present owner of property at least 30 days before any proposed sale in execution of a deed of trust. Amending §§ 26-15 and 55-59.1. (Patron-Petersen, SB 836 (F))

Professional and Occupational Regulation, Department of; common interest communities, powers of certain regulatory boards and programs. Amending §§ 54.1-2346, 54.1-2347, 54.1-2353, 55-79.74:1, 55-79.89, 55-79.90, 55-79.98, 55-79.99, 55-391.1, 55-396, and 55-399. (Patron-Whipple, SB 983 (Chapter 605))

Property conveyances; broadens existing statutory provision for ownership of space opened underground by removal of minerals and coal. Amending §§ 45.1-181 and 55-154.2. (Patron-Kilgore, HB 1988 (F))

Public infrastructure maintenance bonds; City of Charlottesville may require from developers and property owners. Adding § 15.2-2209.2. (Patron-Toscano, HB 1872 (Chapter 692); Deeds, SB 1231 (Chapter 711))

Real estate settlements; disclosures may be provided electronically and overnight delivery. Amending §§ 55-520, 55-525.12, and 55-525.13. (Patron-Scott, J.M., HB 2099 (Chapter 82))

Recordation and grantor taxes; changes basis on which taxes are calculated on conveyance of real estate to consideration for property conveyed. Amending §§ 58.1-801, 58.1-802, 58.1-803, and 58.1-812. (Patron-Miller, J.H., HB 1908 (F))

Recordation and grantor taxes; expands reduced tax accorded to deeds of trust. Amending § 58.1-803. (Patron-Reynolds, SB 780 (F))

Recordation tax; reduces state tax on deeds of trust. Amending § 58.1-803. (Patron-Albo, HB 1431 (F))

Recording assignment of deed of trust; prerequisite to sale. Amending § 55-66.01. (Patron-Abbott, HB 1920 (F))

Repair of potholes on private property; allows localities to require on certain private parking areas and roads. Adding § 15.2-906.2. (Patron-Torian, HB 2247 (F))

Sale by trustee; shall not proceed with sale unless land records contain a duly recorded assignment to person who asserts that he is holder of obligation. Adding § 55-59.5. (Patron-Abbott, HB 1921 (F))

Subdivision of a lot; authorizes localities to provide for conveyance to family member if land is held in trust. Adding § 15.2-2244.2. (Patron-Stuart, SB 873 (Chapter 141))

Subordinate mortgage; increases maximum amount upon refinancing of primary mortgage. Amending § 55-58.3. (Patron-Toscano, HB 1682 (Chapter 77); Bell, Robert B., HB 2061 (I) See HB1682)

Tenants’ assertion; rent escrow. Adding §§ 55-225.11, 55-225.12, and 55-225.13. (Patron-Locke, SB 829 (Chapter 596))

Transfer fee covenants; shall not run with title to real property and is not binding on, or enforceable against any owner, etc. Adding § 55-70.2. (Patron-McDougle, SB 931 (Chapter 706))

Unlawful detainer, etc.; storage of tenant’s property. Amending §§ 55-237.1 and 55-248.38:2. (Patron-Ware, O., HB 1499 (F))

Virginia Commonwealth University; authorizes board of visitors to convey certain real property to City of Richmond, property must be used for official Richmond Slave Trail. (Patron-McQuinn, HB 2209 (Chapter 578); Marsh, SB 971 (Chapter 582))

Virginia Condominium Act; by agreement of two-thirds of unit owners, require that units conveyed or transferred after effective date of amendment be smoke-free units. Adding § 55-79.80:4. (Patron-Hanger, SB 1080 (F))

Virginia Property Owners’ Association Act; control of association by declarant. Amending § 55-509.2. (Patron-Vogel, SB 419 (CD))

Virginia Property Owners’ Association Act; control of association by declarant. Amending §§ 55-509.2, 55-509.5, and 55-509.10; adding § 55-509.1:1. (Patron-Vogel, SB 1253 (F))

Virginia Property Owners’ Association Act; notice to lot owners of pesticide use. Adding § 55-510.3. (Patron-Sickles, HB 2290 (Chapter 264))

Virginia Residential Landlord Tenant Act; landlord to provide notice to tenant in event of foreclosure. Amending § 55-225.10. (Patron-Barker, SB 1220 (Chapter 530))

Virginia School for the Deaf, Blind and Multi-Disabled; Governor to convey certain property. (Patron-Ward, HB 1617 (F))

Zoning determination; providing notice to landowners when their real property is subject thereof. Amending §§ 15.2-2204, 15.2-2301, and 15.2-2311. (Patron-Athey, HB 1844 (Chapter 457))