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2018 SESSION

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18106213D
SENATE BILL NO. 707 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee on General Laws and Technology on January 29, 2018) (Patron Prior to Substitute--Senator Surovell) A BILL to amend and reenact § 55-513.2 of the Code of Virginia, relating to the Virginia Property Owners' Association Act; home-based businesses.

Be it enacted by the General Assembly of Virginia:

1. That § 55-513.2 of the Code of Virginia is amended and reenacted as follows:

§ 55-513.2. Home-based businesses permitted; compliance with local ordinances.

A. Except to the extent the declaration provides otherwise, no association shall prohibit any lot owner from operating a home-based business within his personal residence. The association may, however, establish (i) reasonable restrictions as to the time, place, and manner of the operation of a home-based business and (ii) reasonable restrictions as to the size, place, duration, and manner of the placement or display of any signs on the owner's lot related to such home-based business. Any home-based business shall comply with all applicable local ordinances.

B. If a development is located in a locality that (i) licenses home-based child care services pursuant to § 15.2-741 and (ii) classifies home-based child care services as an accessory residential use under the locality's zoning ordinance, then the provision of home-based child care services by a lot owner in his personal residence shall not be deemed a business use for purposes of any declaration, bylaw, or rule but may be prohibited by bylaw or rule that specifically prohibits the operation of a licensed child care services provider in the personal residence of a lot owner to the extent such authority is granted to the board of directors by the declaration.