Community boards; suspension of certain owner rights for rules violations. (HB2304)

Introduced By

Del. Bob Brink (D-Arlington)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Common interest communities; suspension of certain owner rights for rules violations.  Gives common interest community boards the authority, even in cases where the declaration does not expressly grant the authority to the boards, to (i) suspend a unit owner's right to use facilities or services, including utility services, provided directly through the association for nonpayment of assessments that 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 owner, tenant, or occupant and (ii) assess charges against any owner for any violation of the declaration or of the rules or regulations promulgated pursuant thereto for which such owner or his family members, tenants, guests, or other invitees are responsible. The bill contains technical amendments. Read the Bill »


Bill Has Failed


01/12/2011Prefiled and ordered printed; offered 01/12/11 11102014D
01/12/2011Referred to Committee on General Laws
01/31/2011Assigned GL sub: #1 Housing
02/02/2011Subcommittee recommends striking from docket
02/03/2011Stricken from docket by General Laws


Maria Farran writes:

This is a hideous idea. Why is the legislature interfering with private contracts and reading in provisions that are not there? If my HOA tries to impose these charges I'll go to the court for relief. Stop this!

Ben Dover, Homeowner writes:

Delegate Brink:

Do you have any actual HOMEOWNERS in your district?

If so, don't you think they're adult enough to be able vote in an HOA election to amend the governing documents in a manner that would give HOA Boards the powers you propose?

Why are you trying to interfere with the private contracts of your constituents?

Ben Dover, Homeowner

Homeowner and Voter writes:

Every HOA in the Commonwealth has a "Declaration," a master contract between the homeowners and the HOA.

And every Declaration has a provision stating the means by which it may be amended to change the relationship. A VOTE by the HOMEOWNERS is required.

It seems, though, that the homeowners of Virginia have not been gullible enough to sign over to HOA Boards of Directors the sweeping powers which Delegate Brink would vest in HOA Boards by this legislation.

THat's right -- whether the homeowners want it or not!

So why, and from where, do we have this Bill?

This Bill is the product of a Trade Association known as the Community Association Institute, or "
CAI." If you'd like to read some of their "accomplishments," just google "CAI Lawyers." CAI is primarily comprised of, and overwhemingly controlled by, the law firms, management companies, and other "vendors" who sell services to CAI. Like all trade associations, it seeks to advance their business interests which, in the case of CAI, means maximizing the money they can extract from homeowners in their HOAs.

Unlike most Trade Associations, CAI shamelessly misrepresents itself as speaking for homeowners.

Delegate Brink should have been be able to see through this charade.

If he presses forward with this bill, he will strip his consituents of the few rights they still have as members of HOAs in Virginia.

Dorothy & Toto writes:

Somewhere, over the fence line, there must be
Folks who live and let live, who’ll let Toto live with me.

Folks who live without fears of fines so high,
Proud and happy, and free, without any CAI.

Where Kangaroo Courts can’t attack and Boards stay legal and don’t act unkindly…
Where happy people pass their days without abusive HOA’s that want… to… fine… me.

Some folks won’t sell their rights or liberty.
Some folks live and let live. Oh why then, oh why can’t we?

A terrible Bill writes:

Laws about HOAs need to move in the exact opposite direction of Del Brink's proposed Bill.

This is a consumer protection issue.

Homeowners need protection from the abuses of HOA Boards of Directors.

These Boars already have WAY too much power, and need to be reined in.

Who benefits? writes:

Who benefits from this Bill?

I don't see any benefit to the homeowners. In fact, the Bill would strip them of rights they have under the Declarations of their HOAs: the right to approve or disapprove -- through their votes -- proposed changes to the Declarations.

This bill gives more power to HOA boards of directors, and they have too much power already.

If Boards want MORE power, let them ask for it from the HOMEOWNERS -- not the LEGISLATURE!

Delegate Brink: Please pull this Bill.

Homeowner writes:

We chose an HOA after carefully reviewing the Declaration to make sure we understood our rights.

Our Declaration does NOT provide the Board with the right to "fine" us.

Delegate Brink: Who the hell do you think you are to turn this contract on its head?

ppradoslaw writes:

This is not the more important HOA bill this session SB1327 and HB2289 will be passing, and homwoeners are the big losers.

Detailed comments below:

F Lee Foreclosure. Esq writes:

Memo for Phil Filechurner Esq:

Well, Phil, the Housing Subcommittee of the General Laws Committee considered HB 2304 last night and it was deleted from the docket by voice vote.

The comments from all the morons who posted here didn't help us much.

I'm tellin ya Phil, it's getting harder and harder for CAI lawyers to make a CAI style living in Virginia.

Now we'll have to find another schill to introduce something next year.

Or do you suppose we could go back to sellin used cars?

Your pal,

F. Lee Foreclosure, Esq.
Filechurner & Foreclosure, LLP
"We make money the CAI way: Through the equity in your home."

Down for the Count writes:

Does this mean that it's DEAD?

Or should we show up in Richmond with mallets and stakes?