2013 SESSION

Convened January 9, 2013
Adjourned sine die February 23, 2013
Reconvened April 3, 2013
Adjourned sine die April 3, 2013

PROPERTY AND CONVEYANCES

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

(C) Carried over from 2012 Session (CD) Carried over but died in committee on or before 11/29/2012

Bedford, City of, reversion; property owners to apply for taxation on basis of use assessment, taxation on real property located in part of Bedford County. Emergency. (Patron-Knight, HB 1756 (Chapter 342))

Boundary adjustments; notice to affected landowners. Amending §§ 15.2-3107 and 15.2-3108. (Patron-Black, SB 1336 (F))

Community associations; restrictions on solar panels. Amending §§ 55-79.97, 55-509.5, 55-509.10, 55-519, and 67-701. (Patron-Ramadan, HB 2305 (Chapter 357))

Condominium Act; convertible land. Amending §§ 55-79.45, 55-79.58, 55-79.58:1, and 55-79.61. (Patron-Massie, HB 2218 (F))

Condominium Act; convertible land. Amending §§ 55-79.45, 55-79.58, and 55-79.61. (Patron-Massie, HB 1995 (F))

Condominium Act; expands respective declarant control period, warranty review committees. Amending §§ 55-79.74 and 55-79.79. Emergency. (Patron-Peace, HB 2275 (Chapter 599))

Condominium and Property Owners’ Association Acts; agenda to be included in meeting notices, contents of declaration. Amending §§ 55-79.75, 55-510, and 55-510.1; adding § 55-509.3:1. (Patron-Farrell, HB 1479 (F))

Condominium and Property Owners’ Association Acts; disclosure of qualification for federal financing, resale certificate shall include statement indicating known project approvals currently in effect issued by secondary mortgage market agencies. Amending §§ 55-79.97 and 55-509.5. (Patron-Miller, HB 1807 (Chapter 492))

Condominium and Property Owners’ Association Acts; imposition of late fees for assessments or installments, except to extent that declaration provides otherwise, no fee shall exceed penalty. Amending § 55-79.83; adding § 55-513.2. (Patron-Watts, HB 1595 (Chapter 256))

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

Condominium and Property Owners’ Association Acts; notice to owners of any subsequent meetings for election of directors. Amending §§ 55-79.75 and 55-510. (Patron-Plum, HB 1711 (Chapter 275))

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

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

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 (CD))

Deeds; allows an attorney to record corrective affidavit to correct an obvious description error. Adding § 55-109.2. (Patron-Stanley, SB 1231 (F))

Deeds; circuit court clerk has authority to reject any deed or recordation for filing, duty of clerk to record writings, etc. Amending § 17.1-223. (Patron-Lewis, HB 1507 (Chapter 193))

Derelict nonresidential building or structure; locality through its agents or employees may demolish or remove with written consent of property owner, structure cannot be located within or determined to be property within state or local historic district, written consent shall identify whether property is subject to first lien by recorded deed of trust or mortgage, consent of first lienholder. Amending § 15.2-906. (Patron-Minchew, HB 1589 (Chapter 734); Black, SB 744 (Chapter 770))

Easements; authorizes conveyance of right-of-way between Department of Forestry and Ratcliffe Foundation. (Patron-Carrico, SB 1068 (Chapter 106))

First-time home buyers; establishes savings accounts for purchase of single-family residences, exemption on earnings on such accounts from taxation. Amending § 58.1-322; adding §§ 55-555 through 55-561. (Patron-Greason, HB 1868 (F))

Foreclosure; use of false records, documents, or statements. Adding § 55-59.5. (Patron-Marshall, R.G., HB 2336 (F); Petersen, SB 734 (F))

G. Richard Thompson Wildlife Management Area; Board of Game and Inland Fisheries authorized, at no cost to State, to convey certain parcels of land to Warren County. (Patron-Obenshain, SB 985 (Chapter 46))

General Services, Department of; authorized to convey by quitclaim deed, without warranty of any kind, to P&J Properties, Inc., certain property in City of Richmond. (Patron-McQuinn, HB 1685 (Chapter 421))

Grass and weeds; written notice to property owners in Dinwiddie County and City of Hampton, required cutting on vacant developed or undeveloped property. Amending § 15.2-901. (Patron-BaCote, HB 1744 (Chapter 490))

Land preservation tax credit; property conveyances for public use. Amending § 58.1-512. (Patron-Lewis, HB 1800 (F))

Mechanics’ lien; claimant must send to property owner notice 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 (CD); Purkey, HB 1436 (F))

Mortgages; retains its subordinate status upon refinancing of primary mortgage. Amending § 55-58.3. (Patron-Toscano, HB 2006 (F))

Old Flat State Forest; authorizes Department Of Forestry to convey and accept lands in Grayson County. (Patron-O’Quinn, HB 2035 (Chapter 220))

Perpetuities waiver; exclusions from statutory rule, nondonative transfers. Amending §§ 55-12.4 and 55-13.3. (Patron-Edwards, SB 756 (Chapter 323))

Private road easements; responsibility of property owners for costs of maintenance and repairs. Adding § 55-50.4. (Patron-Bell, Richard P., HB 1405 (F))

Property Owners’ Association Act; association has right to file legal action for an order of abatement as separate remedy for rules violations. Amending § 55-513. (Patron-LeMunyon, HB 2257 (F))

Property Owners’ Association Act; waiver of assessments, voting of members. Amending § 55-509.3; adding § 55-510.01. (Patron-Ramadan, HB 1761 (F))

Real property; authorizes VDOT to convey a parcel of property owned by Department in Fauquier County in exchange for other property to be used for park-and-ride. (Patron-Webert, HB 1627 (Chapter 736))

Real property; Department of General Services authorized to convey property to Mennel Milling Company located in Roanoke County. Amending Chapters 256 and 309, 2011 Acts; repealing second enactment of Chapters 256 and 309, 2011 Acts. (Patron-Smith, SB 1317 (Chapter 795))

Residential property; amends current provisions that require localities in Northern Virginia to be given notice when property is subject to sale under deed of trust. Amending § 15.2-979. (Patron-Rust, HB 1861 (Chapter 749))

Retail Sales and Use Tax; exemption includes separately charged amounts for labor or services rendered in installing, applying, etc., property sold or rented. Amending § 58.1-609.5. (Patron-Pogge, HB 2236 (Chapter 90))

Septic systems, failed; locality may, by ordinance, authorize contracts with property owners to provide loans for repairs. Adding § 15.2-958.6. (Patron-Hodges, HB 1448 (Chapter 185))

Southwestern Virginia Mental Health Institute; Department of Behavioral Health and Developmental Services authorized to convey portion of real property in Smyth County to Mount Rogers Community Services Board. (Patron-Crockett-Stark, HB 1668 (Chapter 265))

Tenant’s remedies; if landlord unlawfully causes an interruption of utility services for premises, tenant may obtain an order from general district court to require landlord to resume any such interrupted services. Amending §§ 55-225.2, 55-248.26, and 55-248.40. (Patron-Greason, HB 1425 (Chapter 110))

Transparency in Developer-Owned Country Clubs Act; established. Adding § 55-423.1. (Patron-Farrell, HB 1737 (F))

Vacant building; adds Town of Clifton Forge to those localities with authority to require owner or owners of buildings to register. Amending § 15.2-1127. (Patron-Putney, HB 2241 (Chapter 355); Deeds, SB 1282 (Chapter 405))

Vacant building registration; increases maximum registration fee required of owner of building from $25 to $250. Amending § 15.2-1127. (Patron-Ware, O., HB 1621 (I) See HB1583)

Virginia Condominium Act; casualty insurance for common areas. Amending § 55-79.81. (Patron-Norment, SB 1125 (F))

Virginia Property Owners’ Association Act; limitation on amendment to declaration, control of association by declarant. Amending §§ 55-509.5 and 55-509.10; adding § 55-509.1:2. (Patron-Black, SB 1315 (F))

Virginia Real Estate Time-Share Act; developer control in time-share estate program, commissioner of accounts to whom an account of sale is returned in connection with foreclosure shall be entitled to fee, not to exceed $70 on each foreclosure lien and not to exceed $125 on each foreclosure of purchase money deed of trust taken back by developer. Amending §§ 55-369 and 55-370. (Patron-Cosgrove, HB 1630 (Chapter 259); Wagner, SB 772 (Chapter 327))

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

Virginia Residential Landlord and Tenant Act; technical amendments. Amending §§ 55-222, 55-243, 55-246.1, 55-248.4, 55-248.6:1, 55-248.7, 55-248.15:1, 55-248.15:2, 55-248.31, 55-248.34:1, 55-248.37, 55-248.38:1, and 55-248.38:2. (Patron-Loupassi, HB 1734 (Chapter 563))

Virginia Residential Property Disclosure Act; designation of tourism activity zones, permissive disclosure. Adding §§ 15.2-982 and 55-519.3. (Patron-Villanueva, HB 1521 (Chapter 246))

Virginia Residential Property Disclosure Act; disclosure of methamphetamine laboratory by owner of residential property, remedy for nondisclosure. Amending § 32.1-11.7; adding §§ 55-225.16, 55-248.12:3, and 55-519.3. (Patron-Gilbert, HB 1615 (Chapter 557))

Virginia Residential Property Disclosure Act; required disclosures of property previously used as methamphetamine laboratory, remedy for nondisclosure. Adding §§ 55-225.16, 55-248.12:3, and 55-519.3. (Patron-Bulova, HB 1593 (F))