Condominium and Property Owners' Association Acts; rights of owners. (HB1008)

Introduced By

Del. David Ramadan (R-South Riding)

Progress

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

Description

Condominium and Property Owners' Association Acts; rights of owners.  Provides that no provision of the declaration or rules or regulations adopted pursuant thereto shall prohibit an owner or any person entitled to occupy a unit or lot from exercising his constitutionally protected right of freedom of speech upon property to which the owner or person entitled to occupy has a separate ownership interest or a right to exclusive possession. The bill further provides that any provision of a declaration or rule or regulation adopted pursuant thereto that prohibits the exercise of such right upon such property shall be void as against public policy. The bill allows, however, an association to establish reasonable time, place, and manner restrictions on such property provided the restrictions are necessary to protect a substantial interest of the association. In any action brought by an association for a violation of such restriction, the association bears the burden of proof that such time, place, or manner restriction is necessary to protect a substantial interest of the association. Finally, the bill provides that the association may restrict an owner's exercise of freedom of speech upon the common areas. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/11/2012Committee
01/11/2012Prefiled and ordered printed; offered 01/11/12 12102073D
01/11/2012Referred to Committee for Courts of Justice
01/23/2012Referred from Courts of Justice
01/23/2012Referred to Committee on General Laws
01/27/2012Assigned GL sub: #1 Housing
02/01/2012Subcommittee recommends laying on the table
02/08/2012Subcommittee recommends continuing to 2013
02/09/2012Continued to 2013 in General Laws

Comments

Greg Mathieson writes:

In short, this bill #1108 again gives additional power to the HOAs by allowing them to place limits on homeowers. Instead of giving HOAs more authority and power, the legislative should be limiting it and make HOAs less like mini governments and not granting them more enforcement rights. No one in the Commonwealth likes HOA's other then the HOA Board members and the law firms and lobbyists that represent them.

I would recommend to strike:
E.
A unit owners' association may, however, establish reasonable time, place, and manner restrictions on such property provided such restrictions are necessary to protect a substantial interest of the unit owners' association.

and

F /G. The unit owners' association may restrict a unit owner's exercise of freedom of speech upon the common elements.

Allowing the HOA to "establish the reasonable time, place and manner restrictions" would allow them to make rules, that many currently have, as to the size, place and time you can display signage. This would allow them to say political signs for example are limited to one per yard, during the days of XYZ, must be placed at said locations and be no greater in size then 8x10 inches and only in the color green.

The "common elements" belong to the homeowners as their property. Restricting access allows to HOA to place limits, like our HOA currently does, by prohibiting any political event, sign or campaigning from taking place on the common elements. Ie: club house, sides of streets, etc. Even cars with signage has been questioned in the past and asked to be removed when parked at our club house / common element of the HOA