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2017 SESSION

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HB 1554 Property Owners' Association Act; amendment of declaration adopted prior to July 1, 2017.

Introduced by: David L. Bulova | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Property Owners' Association Act; amendment of declaration. Provides that except as otherwise provided in the declaration of a property owners' association, a declaration may be amended by a two-thirds vote of the owners. The bill is in response to the Virginia Supreme Court decision in February 2016 in Tvardek v. Powhatan Village Homeowners Association, Inc.

SUMMARY AS PASSED HOUSE:

Property Owners' Association Act; amendment of declaration. Provides that except as otherwise provided in the declaration of a property owners' association, a declaration may be amended by a two-thirds vote of the owners. The bill also provides that an action to challenge the validity of an amendment adopted by the association may not be brought more than one year after the amendment is recorded. Under current law, such a challenge must be brought within one year after the amendment is effective. The bill is in response to the Virginia Supreme Court decision in February 2016 in Tvardek v. Powhatan Village Homeowners Association, Inc.

SUMMARY AS INTRODUCED:

Property Owners' Association Act; amendment of declaration. Provides that except as otherwise provided in the declaration of a property owners' association, a declaration may be amended by a two-thirds vote of the owners. The bill also provides that an action to challenge the validity of an amendment adopted by the association may not be brought more than one year after the amendment is recorded. Under current law, such a challenge must be brought within one year after the amendment is effective. The bill is in response to the Virginia Supreme Court decision in February 2016 in Tvardek v. Powhatan Village Homeowners Association, Inc.