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2000 SESSION

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SB 721 Property Owners' Association Act; records, liens, etc., study by HSC.

Introduced by: William C. Mims | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Property Owners’ Association Act. Provides that meetings of the board of directors must provide a designated period of time during the meeting to allow members of the association to comment on matters relating to the association. The measure provides requirements for meetings of the board of directors that are conducted by telephone or video conference or similar electronic means. The bill further (i) limits the total amount of charges for any offense of a continuing nature to $900 and (ii) makes suits to enforce any perfected lien under the Act subject to jurisdictional provisions of the Code of Virginia relating to general district and circuit courts. The measure also requires the Virginia Housing Study Commission to review (i) the operation of property owners associations covered by the Act and (ii) whether the Real Estate Board should be charged with the investigation and resolution of alleged violations of state law involving such associations. The Commission is required to complete its work in time to submit its findings to the 2001 Session of the General Assembly.

SUMMARY AS PASSED SENATE:

Property Owners’ Association Act. Provides that meetings of the board of directors must provide a designated period of time during the meeting to allow members of the association to comment on matters relating to the association. The measure provides requirements for meetings of the board of directors that are conducted by telephone or video conference or similar electronic means. The bill further (i) limits the total amount of charges for any offense of a continuing nature to $300, (ii) makes the award of attorney's fees to the prevailing party in a suit to enforce a perfected lien discretionary rather than mandatory, (iii) provides for partial satisfaction and release of such liens, and (iv) makes suits to enforce any perfected lien under the Act subject to jurisdictional provisions of the Code of Virginia relating to general district and circuit court. The measure also requires the Virginia Housing Study Commission to review (i) the operation of property owners associations covered by the Act and (ii) whether the Real Estate Board should be charged with the investigation and resolution of alleged violations of state law involving such associations. The Commission is required to complete it work in time to submit its findings to the 2001 session of the General Assembly.

SUMMARY AS INTRODUCED:

Property Owners’ Association Act. Provides that meetings of the board of directors must provide a designated period of time during the meeting to allow members of the association to comment on matters relating to the association. The bill also specifies that members may meet and distribute information for the purpose of considering and discussing the operation of and matters relating to the operation of the association. The measure provides requirements for meetings of the board of directors that are conducted by telephone or video conference or similar electronic means. The bill further (i) limits the association’s lien for unpaid assessments to those which equal or exceed the aggregate amount of $1,000, (ii) makes the award of attorney's fees to the prevailing party in a suit to enforce a perfected lien discretionary rather than mandatory, and (iii) provides for partial satisfaction and release of such liens. The measure also requires the Real Estate Board to investigate complaints made against persons other than the declarant, its agents, employees or other representatives and provides the imposition of monetary penalties for violations. Currently, it is within the discretion of the Board to investigate these types of complaints.