2012 SESSION

Convened January 11, 2012
Adjourned sine die March 10, 2012
Reconvened April 18, 2012
Adjourned sine die April 18, 2012

PROPERTY AND CONVEYANCES

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

(C) Carried over

Airports, privately owned; duty of care and liability of landowners. Adding § 5.1-7.3. (Patron-Knight, HB 553 (Chapter 302))

Biscuit Run; Department of Conservation and Recreation to negotiate land exchange of certain acres in Albemarle County. (Patron-Toscano, HB 1113 (Chapter 663))

Coal mining; right to use shell, void opened underground, etc., created by removal of coal, those within boundaries of mine permit may be used consistent with state and federal regulations. Amending §§ 45.1-181 and 55-154.2. (Patron-Kilgore, HB 710 (Chapter 695))

Common Interest Community Board; authorized to terminate inactive condominium or time-share registrations. Amending §§ 54.1-2349, 55-79.93, 55-79.93:1, 55-394.1, 55-504.1, 55-516.1, and 55-530; adding §§ 55-79.93:2 and 55-394.2. (Patron-Fariss, HB 1219 (Chapter 797); Locke, SB 472 (Chapter 481))

Condominium Act; exemptions from registration. Amending § 55-79.87. (Patron-Pogge, HB 377 (Chapter 325))

Condominium Act; removes cap on charges that unit owners’ association may assess against any unit for violation. Amending §§ 55-79.80:2, 55-79.84, and 55-79.97. (Patron-Scott, J.M., HB 1213 (F))

Condominium Act; time limits for expansion, contraction, or conversion of condominium. Amending §§ 55-79.54 and 55-79.61. (Patron-Minchew, HB 902 (Chapter 520))

Condominium and Property Owners’ Association Acts; foreclosure on lien for unpaid assessments, priority of certain liens. Amending §§ 55-79.84, 55-79.97, and 55-516. (Patron-Watts, HB 412 (F))

Condominium and Property Owners’ Association Acts; imposition of late fees on assessments. Amending § 55-79.83; adding § 55-513.2. (Patron-Watts, HB 418 (F))

Condominium and Property Owners’ Association Acts; increases charge for rules violations. Amending §§ 55-79.80:2 and 55-513. (Patron-Scott, E.T., HB 297 (F))

Condominium and Property Owners’ Association Acts; lien for assessments, priority. Amending §§ 55-79.84, 55-79.97, and 55-516. (Patron-Sickles, HB 1256 (C))

Condominium and Property Owners’ Association Acts; posting of documents on association website. Amending §§ 55-79.74:1 and 55-510. (Patron-Surovell, HB 668 (F))

Condominium and Property Owners’ Association Acts; recovery of attorney fees, costs, and interest. Amending §§ 55-79.53, 55-79.73, and 55-515. (Patron-Watts, HB 410 (Chapter 758))

Condominium and Property Owners’ Association Acts; requires award to prevailing party in an action brought under Acts for noncompliance with declaration of reasonable attorney fees, etc., expended in matter, and interest on judgment. Amending §§ 55-79.53, 55-79.73, and 55-515. (Patron-Watts, HB 411 (F))

Condominium and Property Owners’ Association Acts; rights of owners. Amending §§ 55-79.52 and 55-515.2. (Patron-Ramadan, HB 1008 (C))

Condominium and Property Owners’ Association Acts; suspension of certain owner rights for rules violations. Amending §§ 55-79.80:2 and 55-513. (Patron-Brink, HB 901 (F))

Deed of trust foreclosure procedures; right of reinstatement. Adding § 55-59.1:2. (Patron-Alexander, HB 890 (C))

Deeds; affidavit by an attorney, settlement agent, or title insurance company involved in transaction may be used in correcting errors. Adding § 55-109.2. (Patron-Iaquinto, HB 280 (C))

Doctrine of necessaries; lien shall not attach on residence held by spouses as tenants by entireties prior to death of either spouse. Amending § 55-37. (Patron-Habeeb, HB 229 (Chapter 45))

Foreclosure; use of false records, documents, or statements. Adding § 55-59.5. (Patron-Petersen, SB 163 (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 28 (F))

Fraudulent conversion of leased property; removes provision that failure to return property to lessor in 10 days of written notice that rental period has expired. Amending § 18.2-118. (Patron-McEachin, SB 386 (F))

Fraudulent conveyance and voluntary transfer; power of court to set aside, sanctions. Amending § 55-82.1; adding § 55-82.2. (Patron-Petersen, SB 164 (Chapter 810))

Hampton, City of; Department of General Services is authorized to convey its interest in certain property. (Patron-Ward, HB 1270 (Chapter 551))

Hunting; allows landowner to hunt on their own property on Sunday and persons with written permission of property owner. Amending § 29.1-521. (Patron-Petersen, SB 173 (I) See SB464)

Irrevocable trusts; trustee’s power to appoint assets into second trust. Adding § 55-548.16:1. (Patron-Edwards, SB 110 (Chapter 559))

Land preservation tax credit; Department of Taxation to publish and annually update a list that identifies for each county and city aggregate number of acres for which credits were issued. Adding § 58.1-514. (Patron-Deeds, SB 355 (F))

Land trusts; beneficiaries shall name a successor trustee. Amending § 55-17.1. (Patron-Edwards, SB 109 (Chapter 558))

Landlord and tenant laws; allows plaintiff in an unlawful detainer action to submit electronic or paper copies of a properly executed lease under certain circumstances. Amending §§ 8.01-126, 54.1-517.4, 55-225.8, 55-225.10, 55-225.12, 55-225.13, 55-225.14, 55-243, 55-248.4, 55-248.7:2, and 55-248.34:1. (Patron-Greason, HB 1110 (Chapter 788))

Landlord and tenant laws; energy submetering may be used in campground if clearly stated in rental agreement. Amending §§ 55-226.2, 56-245.2, and 56-245.3. (Patron-Ware, R.L., HB 1261 (Chapter 338))

Landlord and tenant laws; landlord obligations, receipt required for certain rent payments. Amending § 55-248.7; adding §§ 55-225.15 and 55-248.15:3. (Patron-Hope, HB 401 (F))

Landlord and tenant laws; receipt required for payments in form of cash or money order. Amending § 55-248.7; adding § 55-225.15. (Patron-Dance, HB 502 (Chapter 503))

Landlords; recovery of possession limited, changes definition of dwelling unit and residential dwelling unit. Amending §§ 55-225.1 and 55-225.8. (Patron-Locke, SB 35 (Chapter 705))

Mechanics’ lien notice; claimant must send to property owner of his intent to file a memorandum of lien 30 days before filing with clerk of court. Amending § 43-4.01. (Patron-Purkey, HB 1265 (C))

Mortgage modification; application, limitations on foreclosure. Adding § 55-59.1:2. (Patron-Marshall, R.G., HB 822 (F))

Nonresident executors and testamentary trustees; conveyance of real estate located in State. Amending § 64.1-150. (Patron-Lewis, HB 763 (Chapter 61))

Ownership of mineral rights; adds rights to transport coal, gas, and oil to those rights presumed to be held by owner of shell. Amending § 55-154.2. (Patron-Puckett, SB 150 (F))

Proffered conditions; landowners may apply to governing body for amendments to or variations of such conditions. Amending § 15.2-2302. (Patron-Minchew, HB 903 (F); Herring, SB 233 (F))

Property conveyance; Department of General Services to convey to County of Accomack certain real property located in Town of Accomac. (Patron-Lewis, HB 193 (F); Northam, SB 548 (F))

Real property; authorizes VDOT to exchange real property in Tazewell County for private property. (Patron-Morefield, HB 1224 (Chapter 460))

Real property; removes requirement that certain planning commissioners own. Amending § 15.2-2212. (Patron-Englin, HB 1029 (F))

Real property tax valuation; when property’s use is restricted by law, fair market value shall be based on non-restricted uses. Adding § 58.1-3296. (Patron-Marshall, R.G., HB 31 (F))

Recordation tax; a deed to have amount of consideration is stated on its first page of document to be admitted on record. Amending § 58.1-802. (Patron-Jones, HB 734 (Chapter 513))

Recordation tax; clarifies tax for deeds of trust is based on value of security interest created by deed. Amending § 58.1-803. (Patron-Garrett, HB 509 (Chapter 505))

Recordation tax; eliminates exemption for certain deeds of trust securing a refinanced obligation. Amending § 58.1-803. (Patron-Hugo, HB 1082 (F))

Recordation tax; eliminates exemption for certain deeds of trust securing a refinanced obligation, meaning of term value. Amending § 58.1-803. (Patron-Hanger, SB 409 (Chapter 820))

Recording deeds; circuit court clerk has authority to reject any deed for filing, except those in which a public service company, railroad, etc., is either grantor or grantee, unless it states on first page that it was prepared by owner of property or by licensed attorney. Amending § 17.1-223. (Patron-Lewis, HB 761 (Chapter 74))

Rental inspections; City of Fairfax to conduct a study to identify which residential rental dwelling units meet requirements for rental inspection districts. (Patron-Marshall, D.W., HB 566 (F))

Rental payments; landlord accounting of tenant credits and debits upon written request. Amending § 55-248.7. (Patron-Locke, SB 34 (Chapter 464))

Residential rental apartments; appeal of real property assessments, determination of fair market value. Adding § 58.1-3295.1. (Patron-Hugo, HB 1073 (Chapter 536); Watkins, SB 73 (Chapter 707))

Residential rental properties; establishes criteria by which an assessor shall determine fair market value for real estate used in whole or in part as defined by ordinance or locality. Adding § 58.1-3295.1. (Patron-Watkins, SB 48 (F))

Sale of property; City of Newport News to sell certain property for nominal amount. (Patron-Yancey, HB 726 (Chapter 439); Locke, SB 286 (Chapter 567))

Self-settled spendthrift trusts; provides for creation of trusts which protect trust assets against claims of settlor who is also a trust beneficiary. Amending § 55-545.05; adding §§ 55-545.03:2 and 55-545.03:3. (Patron-Stuart, SB 11 (Chapter 555))

Timber; property owners to send written notice to all adjoining property owners at least 60 days before cutting. Amending § 55-331. (Patron-Johnson, HB 291 (F))

Time-share estates; advertisement of foreclosure sales, information provided both in hard copy and electronic form. Amending § 55-370. (Patron-Cosgrove, HB 234 (Chapter 406))

Trustees, certain; protection from liability. Amending § 55-548.08. (Patron-Stuart, SB 180 (Chapter 562))

Vacant building registration; increases annual fee. Amending § 15.2-1127. (Patron-Dance, HB 499 (F))

Virginia Property Owners’ Association Act; adoption and enforcement of rules. Amending § 55-513. (Patron-Scott, J.M., HB 979 (F))

Virginia Property Owners’ Association Act; establishes duty of care for officers and members of board of directors. Amending § 55-513; adding § 55-510.01. (Patron-LeMunyon, HB 605 (F))

Virginia Property Owners’ Association Act; limitation on certain contracts and leases by declarant. Amending § 55-509.2; adding § 55-509.1:1. (Patron-Herring, SB 628 (Chapter 671))

Virginia Real Estate Time-Share Act; developer control period. Amending § 55-369. (Patron-Cosgrove, HB 1209 (C))

Virginia Real Estate Time-Share Act; resale of time-shares, disclosures. Amending §§ 55-362, 55-380, 55-396, 55-397, and 55-400; adding §§ 55-376.5, 55-380.1, 55-394.2, and 55-394.3. (Patron-Cosgrove, HB 233 (Chapter 751))

Water and waste authorities; property owner to be informed in advance by written notice that liens may be placed on his property. Amending § 15.2-5139. (Patron-Edwards, SB 102 (F))

Wills, trusts, and fiduciaries; revising and recodifying laws, revision of Title 64.1. Adding §§ 2.2-4519, 64.2-100 through 64.2-108, 64.2-200 through 64.2-620, 64.2-700 through 64.2-1108, 64.2-1200 through 64.2-2120, and 64.2-2200 through 64.2-2704; repealing §§ 26-1 through 26-116, 31-1 through 31-59, 37.2-1000 through 37.2-1030, 37.2-1031 through 37.2-1052, 55-34.1 through 55-34.19, 55-268.11 through 55-268.20, 55-277.1 through 55-277.33, 55-278 through 55-286.2, 55-401 through 55-415, 55-541.01 through 55-551.06, and 64.1-01 through 64.1-206.8. (Patron-McDougle, SB 115 (Chapter 614))

Wrongful foreclosure; creates civil cause of action for owner of any residential real property, etc. Adding § 55-59.5. (Patron-Marshall, R.G., HB 821 (F))