Common interest communities; court may enter default judgment against unit owner on sworn affidavit. (SB1327)
Introduced By
Sen. Mark Herring (D-Leesburg)
Progress
✓ |
Introduced |
✓ |
Passed Committee |
✓ |
Passed House |
✓ |
Passed Senate |
✓ |
Signed by Governor |
☐ |
Became Law |
Description
Common interest communities; rules violations; jurisdiction of general district courts. Empowers the court to award reasonable attorney fees and costs to the prevailing party if a lawsuit results from the assessment of charges for a rules violation by an owner. The court may also order the violating owner to abate or remedy the violation. Finally, a general district court may enter default judgment against an owner on the association's sworn affidavit. The bill contains technical amendments. Read the Bill »
Outcome
Bill Has Passed
History
| Date | Action |
|---|---|
| 01/12/2011 | Prefiled and ordered printed; offered 01/12/11 11102396D |
| 01/12/2011 | Referred to Committee for Courts of Justice |
| 01/18/2011 | Assigned Courts sub: Civil |
| 01/31/2011 | Committee substitute printed 11104811D-S1 |
| 01/31/2011 | Reported from Courts of Justice with substitute (13-Y 2-N) (see vote tally) |
| 02/01/2011 | Constitutional reading dispensed (40-Y 0-N) (see vote tally) |
| 02/02/2011 | Read second time |
| 02/02/2011 | Reading of substitute waived |
| 02/02/2011 | Committee substitute agreed to 11104811D-S1 |
| 02/02/2011 | Engrossed by Senate - committee substitute SB1327S1 |
| 02/03/2011 | Read third time and passed Senate (37-Y 3-N) (see vote tally) |
| 02/07/2011 | Assigned Courts sub: #2 Civil |
| 02/07/2011 | Placed on Calendar |
| 02/07/2011 | Read first time |
| 02/07/2011 | Referred to Committee for Courts of Justice |
| 02/21/2011 | Reported from Courts of Justice (22-Y 0-N) (see vote tally) |
| 02/23/2011 | Read second time |
| 02/24/2011 | Read third time |
| 02/24/2011 | Passed House (97-Y 2-N) |
| 02/24/2011 | VOTE: PASSAGE (97-Y 2-N) (see vote tally) |
| 03/03/2011 | Enrolled |
| 03/03/2011 | Bill text as passed Senate and House (SB1327ER) |
| 03/03/2011 | Signed by Speaker |
| 03/06/2011 | Signed by President |
| 03/22/2011 | G Approved by Governor-Chapter 378 (effective 7/1/11) |
| 03/22/2011 | G Acts of Assembly Chapter text (CHAP0378) |
Video
This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 2 clips in all, totaling 2 minutes.
Comments
Delegate Sickles:
Why not amend this Bill to provide equal treatment for a Homeowner who alleges that his HOA is violating the POAA or the Governing Documents of an HOA?
Several years ago, you had the good sense to back off from a CAI sponsored bill that would have permitted Boards to keep draft "rules" secret from homeowners until the rules were actually adopted, which would have deprived owners of an opportunity to see or comment on proposed rules.
This is just another "bad idea" from the Community Association Institute.
Make HOA's pursue injunctive relief. Strip them of the right to create Kangaroo Courts to "fine" homeowners. Repeal the language in 55-516 of the POAA that lets HOAs sell a homeowner's house by auction on the courthouse steps through "nonjudicial foreclosure" to collect a "fine."
That would be a good start.
This bill is technically flawed in that it provides more procedural rights for HOA's without expanding the procedural devices for homeowners. If the purpose is to shift power further in favor of HOA's the bill is drafted properly.
CAI lawyers need to make a living, too.
Or would you have us go back to selling used cars?
F. Lee Foreclosure, Esq.
Filechurner & Foreclosure, LLP
"We make money the CAI way: through the equity in your home."
Dear Delegate Sickles:
This legislation is an egregeous exercise of money and power over my interests. If you continue to support this bill I will spend my money and my time to campaign against you. I will encourage my friends to do so as well.
Thank you.
The Bill provides that "a general district court may enter default judgment against an owner on the association's sworn affidavit."
Why only the "association's" affidavit?
Why not have reciprocity for the HOMEOWNER?
You DO represent "Homeowners," don't you Delegate Sickles?
This bill looks like it is going to pass.
See the details of its effects below:
http://northernvirginialawyer.blogspot.com/2011/02/virginias-hoas-getting-ready-to-hold.html
You have just done your constituents a HUGE disservice by tilting the baance of power away from them even further and giving even greater powers to the associations and their advisors. You are playing into the hands of special interests and are a danger to society. You are not protecting the citizens of Virginia and do not deserve to be reelected.
What a terrible Bill for homeowners in HOAs!
I hope the Governor will have the good sense to veto this.