Virginia Property Owners' Association Act; control of association by declarant. (SB1253)

Introduced By

Sen. Jill Holtzman Vogel (R-Winchester)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Virginia Property Owners' Association Act; control of association by declarant.  Provides that a declaration may allow for declarant control of an association and its board of directors until three months after 80 percent of all lots that the declarant has reserved the right to develop in all phases of development have been conveyed to a person other than a declarant. The bill also provides that the declarant has the right to develop all additional lots in accordance with provisions in effect at the time of transfer of control and gives the declarant a seat on the board of the association until such time as all lots have been conveyed to a person other than a declarant. In addition, the bill prohibits, unless the declaration expressly provides otherwise, a declarant from amending the declaration to extend the period of declarant control including the power to appoint and remove some or all of the members of the board of directors or to exercise powers and responsibilities otherwise assigned to the board of directors or association unless the amendment is agreed to by 100 percent of the votes of the association. Read the Bill »

Status

01/26/2011: Failed to Pass in Committee

History

DateAction
01/12/2011Prefiled and ordered printed; offered 01/12/11 11100256D
01/12/2011Referred to Committee on General Laws and Technology
01/26/2011Passed by indefinitely in General Laws and Technology with letter (14-Y 0-N) (see vote tally)
01/26/2011Letter sent to Virginia Housing Commission

Comments

Alexa Raad writes:

This just came to my attention and I believe it merits immediate action from any who can take the time today.
There is potential for Virginia legislation to be enacted this year that will allow us to void the Openband contract. This legislation is before the general assembly, however, currently it does not contain the language and protections given to condo owners that allows them to do just that - void their contracts signed by the declarant. The similar condo legislation (VA Code Section 55-79.74) that has been passed already is one reason why Leisure World has been able to have an Openband contract with a 2-year instead of 75-year term.