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2014 SESSION

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Senate Committee on General Laws and Technology
Subcommittee #2

Ruff (Chairman), Vogel, Miller, Ebbin, Favola

Clerk: Maryann Horch
Staff: Amigo Wade
Date of Meeting: February 10, 2014
Time and Place: 10:00 AM, 3rd Floor East, General Assembly Building
Cancelled

H.B. 530 Condominium and Property Owners' Association Acts; compliance with declaration.

Patron: Pogge

Condominium and Property Owners' Association Acts; compliance with declaration. Clarifies that an action against the association for noncompliance with all lawful provisions of the Condominium and Property Owners' Association Acts and all provisions of the declaration is not precluded.

A BILL to amend and reenact §§ 55-79.53 and 55-515 of the Code of Virginia, relating to the Condominium and Property Owners' Association Acts; compliance with declaration.

14101313D

H.B. 550 Condominium & Property Owners' Association Acts; notice for requests to examine association records.

Patron: Filler-Corn

Condominium and Property Owners' Association Acts; notice for requests to examine association records. Provides that, notwithstanding any provision of law to the contrary, the right of examination of association books and records may be exercised upon five business days' written notice for a professionally managed association and 10 business days' written notice for a self-managed association, which notice reasonably identifies the purpose for the request and the specific books and records of the association requested.

A BILL to amend and reenact §§ 55-79.74:1 and 55-510 of the Code of Virginia, relating to the Condominium and Property Owners' Association Acts; notice for requests to examine association records.

14103283D

H.B. 566 Condominium and Property Owners' Association Acts; assessment of late fee not paid within 60 days.

Patron: Watts

Condominium and Property Owners' Association Acts; late fees. Clarifies the amount of late fees that may be assessed against an owner for nonpayment of assessments.

A BILL to amend and reenact §§ 55-79.83 and 55-513.3 of the Code of Virginia, relating to the Condominium and Property Owners' Association Acts; late fees.

14102284D

H.B. 791 Condominium and Property Owners' Association Acts; rule enforcement, appeals.

Patron: LeMunyon

Condominium and Property Owners' Association Acts; rule enforcement. Gives associations the right, except to the extent the governing documents expressly provide otherwise, to (i) suspend a unit owner's right to use facilities or services, including utility services, provided directly through the unit owners' association for nonpayment of assessments which are more than 60 days past due, to the extent that access to the unit through the common elements is not precluded and provided that such suspension shall not endanger the health, safety, or property of any unit owner, tenant, or occupant; (ii) assess charges against any unit owner for any violation of the condominium instruments or of the rules or regulations promulgated pursuant thereto for which such unit owner or his family members, tenants, guests or other invitees are responsible; and (iii) file legal action in general district or circuit court to seek an order to require that any violation of the condominium instruments or rules duly adopted pursuant thereto be corrected. The bill provides that the powers authorized in the bill or by the governing documents shall be exercised by an association in good faith and not exercised frivolously, vexatiously, or primarily for purposes of harassment of the owner. The bill further provides that before any action authorized in the bill or in the governing documents is taken and after written notice of the alleged violation to the unit owner at the address required for notices of meetings, the owner shall be given a reasonable opportunity to correct the alleged violation. If the violation remains uncorrected, the owner shall be given further notice and an opportunity to be heard and to be represented by counsel before the board or such other tribunal as the governing documents or rules duly adopted pursuant thereto specify.

A BILL to amend and reenact §§ 16.1-106, 55-79.80:2, and 55-513 of the Code of Virginia, relating to the Condominium and Property Owners' Association Acts; rule enforcement.

14103962D

H.B. 899 Condominium Act; purchaser's right of cancellation.

Patron: Peace

Condominium Act; purchaser's right of cancellation. Reduces a purchaser's right of cancellation from 10 to five calendar days from the contract date of the disposition or delivery of the current public offering statement, whichever is later. The bill also provides that 3. The purchaser's right to cancel the purchase contract shall be set forth on the first page of the purchase contract in boldface print of not less than 12 point type.

A BILL to amend and reenact §§ 55-79.88 and 55-79.90 of the Code of Virginia, relating to the Condominium Act; purchaser's right of cancellation.

14101743D

H.B. 900 Condominium Act and Property Owners' Association Act; allowable fees, etc.

Patron: Peace

Condominium Act and Property Owners' Association Act; allowable fees. Provides that nothing in either Act shall be construed to authorize an association or common interest community manager to charge an inspection fee for a unit or lot unless specifically authorized, nor may an additional fee be charged for access to the association's or common interest community manager's website. The bill provides that if a resale certificate or disclosure packet is provided in electronic format, a total fee not to exceed $125 is authorized for one electronic copy to each of the following named in the request: the seller, the seller's authorized agent, the purchaser, the purchaser's authorized agent, and not more than one other person designated by the requester.

A BILL to amend and reenact §§ 55-79.97, 55-79.97:1, 55-509.3, 55-509.4, and 55-509.6 of the Code of Virginia, relating to the Condominium Act and Property Owners' Association Act; allowable fees.

14103311D