Property Owners' Association Act; adds new definitions and sets limits for disclosure packet fees. (HB1076)

Introduced By

Del. Terrie Suit (R-Virginia Beach)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Property Owners' Association Act (POAA); definitions; disclosure packets; management; fees. Adds several new definitions to the POAA, including "common interest community manager." The bill also sets limits for the fees to be charged for preparation of the required disclosure packets and prohibits any other fees not expressly authorized in the POAA. The bill (i) provides that all declarations shall comply with the terms of the POAA, and the associations created in accordance with the POAA shall have only those powers that are expressly granted in the POAA; (ii) increases the cap on the liability of the association or its manager from $500 to $5,000 for actual damages sustained by the seller in the event of the association's failure to comply with the POAA; and (iii) provides that if settlement does not occur within 90 days of the delivery of the disclosure packet, the fee shall be assessed against the lot owner for which the disclosure packet was prepared and shall become as an assessment against the member's lot. The bill contains technical amendments, which reorganize the POAA into three articles: general provisions, disclosure requirements, and operation and management of associations. Read the Bill »


02/08/2008: Merged into HB516


01/09/2008Prefiled and ordered printed; offered 01/09/08 081795744
01/09/2008Referred to Committee on General Laws
01/28/2008Assigned GL sub: Housing
02/08/2008Incorporated by General Laws (HB516-Suit)


Potential Seller writes:

Let me get this straight, Ms. Suit.

I'm trying to sell my home and escape from my HOA. The market is difficult enough without the "help" this bill seems to provide.

A potential buyer requests a disclosure packet and is smart enough to notice the financial hijinks, the kangaroo courts imposing "fines" (and threatening homeowners with nonjudicial foreclose to collect the "fines"), the anal retentive board, etc. The buyer says, "No thanks, I'd rather live under the Taliban than in this HOA," and cancels the contract.

Under your bill, I am liable for $350.00 to the HOA's Management Company, and if I don't pay it the HOA can nonjudicially foreclose on ME to collect it?

I've checked the list of your financial contributors, Ms. Suit, and based upon that list, and this bill, (not to mention your other piece of work, HB 516), it's clear that you view the Management Companies, and NOT the homeowners, as your "constituents."

You should be ashamed of yourself.

I sincerely hope that the homeowners in your district read this disgraceful bill and unceremoniously remove you from office at the first opportunity.

Potential Seller in Virginia

Shu Bartholomew writes:

I attended a hearing/meeting a few years ago and recall Del. Suit relating her experience with getting a disclosure package when selling her TH. If I remember correctly, the manager/association wanted to charge her the maximum $100 allowed by law for the documents she needed. I think she eventually convinced him/her that she know the law, having written it, and knew that the ASSOCIATION was allowed to charge the "actual cost" of reproducing the documents. She already had copies of the Declaration, By-Laws and Articles of Incorporation that she would pass on to the buyer and did not need duplicates. She only wanted up to date financial and insurance information and would pay for the "actual cost" of reproducing those documents.

She then made a comment that I applauded her for, she said something along the lines of; "We ought to enforce the laws we write and make sure they are being adhered to."

What happened, Ms. Suit? As far as I know there was never ANY oversight by you or the real government to make sure your constituents were not being ripped off. Now you want MANAGEMENT to collect $350 for providing the disclosure package. Since management is already being paid by HOAs to manage and maintain the books and records and other administrative jobs, and would be preparing the packages on association time, why should MANAGEMENT be getting ANYTHING?

With your line of reasoning Virginia residents will be required to pay a fee to their local grocery store cashiers for the privilege of ringing up their groceries, even though cashiers are hired and paid for by the grocery store.

Let's get serious about protecting the interests of Virginia's homeowners. HB 1076 needs to be killed.

Terry Bartholomew writes:

Can anyone say: "Interference with private contract?"

Homeowner writes:

Considering all the complaints against HOAs isn't it time to make them voluntary. Mine is so corrupt that no one has a chance when three people can rule the community.

for cryin' out loud writes:

This is another of Delegate Suit's "give away's" to the HOA management company special interest group. See also her HB516.

90 percent of the documents required in a "disclosure packet" are generated by hitting the "print" button on a computer. To allow a management company to charge ANYBODY $350.00 for preparing such a function is to legalize a shakedown.

This bill needs to be defeated, and so does Ms. Suit.

Bill that won't die writes:

HB1076 is NOT "dead."

It was "rolled in" to the rewrite of HB516, and it's as bad as ever.

home owner writes:

Maybe it is time to bring the Boston tea party indians to Virginia.

IT'S ALIVE! writes:

This bill is NOT DEAD.

The House snuck it into a rewrite of HB516.

The bill is now in the SEnate, and it's as bad as ever!

Waldo Jaquith writes:

This bill is dead. It's simply its effect that lives on in a different bill.