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2015 SESSION

15100246D
HOUSE JOINT RESOLUTION NO. 592
Offered January 14, 2015
Prefiled January 12, 2015
Directing the Virginia Housing Commission to study common interest communities. Report.
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Patrons-- Ramadan, Bulova, Peace and Rust; Senator: McDougle
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Committee Referral Pending
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WHEREAS, common interest communities include a condominium, cooperative, or other real property, at least some of which are residential, with respect to which a person, by virtue of the person's ownership of a parcel of real property, is a member of an association and obligated to pay assessments for maintenance or improvement of other real property described in a recorded declaration that creates the common interest community; and

WHEREAS, the significant increase in the creation of common interest communities in recent years affects many citizens of the Commonwealth, especially in urban areas; and

WHEREAS, the governing body of a common interest community has broad powers over individual property owners as part of the governing body's obligations under the declaration; and

WHEREAS, even with written disclosure to purchasers about the rights and obligations of individual property owners and the governing bodies of such communities, there is discord in these communities that adversely affects the quality of life of many Virginians; and

WHEREAS, while common interest communities have been the subject of several legislative studies resulting in statutory changes, this legislation has not adequately balanced the competing interests of property owners and the governing bodies of common interest communities; now, therefore, be it

RESOLVED by the House of Delegates, the Senate concurring, That the Virginia Housing Commission be directed to study common interest communities. In conducting its study, the Virginia Housing Commission shall determine:

1. Owner satisfaction with community association services; operation, administration, and governance;

2. The level of engagement of community association members in community association governance;

3. The impact of state regulatory and outreach initiatives on the operation, administration, and governance of common interest community associations;

4. The extent to which the laws governing common interest community associations should apply uniformly, regardless of the size, nature, and type of community association;

5. The impact of proffer requirements on the development and creation of common interest community associations; and

6. The scope and nature of community association self-governance.

The study by the Virginia Housing Commission shall be conducted using a survey methodology to gather data from community association members, managers, and professionals. The data may then be reviewed and analyzed to determine whether further legislative initiatives are appropriate and advisable.

Technical assistance shall be provided to the Virginia Housing Commission by the Department of Professional and Occupational Regulation and the Common Interest Community Board. All agencies of the Commonwealth shall provide assistance to the Virginia Housing Commission for this study, upon request.

The Virginia Housing Commission shall complete its meetings by November 30, 2015, and the chairman shall submit to the Division of Legislative Automated Systems an executive summary of its findings and recommendations no later than the first day of the 2016 Regular Session of the General Assembly. The executive summary shall state whether the Housing Commission intends to submit to the General Assembly and the Governor a report of its findings and recommendations for publication as a House or Senate document. The executive summary and report shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.