Virginia Property Owners' Association Act; maintenance of stormwater management facilities. (HB1038)

Introduced By

Del. Kelly Fowler (D-Virginia Beach) with support from co-patron Del. Marcus Simon (D-Falls Church)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Virginia Property Owners' Association Act; maintenance of stormwater management facilities. Provides that the board of directors of each association shall be responsible for inspecting and maintaining the stormwater best management practice that serves and is operated or owned by the development. Read the Bill »


Bill Has Failed


01/09/2018Prefiled and ordered printed; offered 01/10/18 18103538D
01/09/2018Referred to Committee on General Laws
01/16/2018Impact statement from DPB (HB1038)
01/26/2018Assigned GL sub: Subcommittee #2
02/01/2018Subcommittee recommends striking from docket (8-Y 0-N)
02/13/2018Left in General Laws


Phil Grandfield writes:

In my neighborhood, the stormwater ponds are the private property of the people who live adjacent to the water. This is verified by the property lines on the PLAT. The legal opinion is that the responsibility lies between those homeowners on the ponds and the City of Virginia Beach.

This bill is designed to require all of the homeowners in the Association to share financial responsible for the ponds. The estimated cost in my neighborhood is several hundred thousand dollars. The cost to maintain these stormwater ponds lies with the City and those homeowners who own the property.

For reference, Kelly Fowler also lives in this neighborhood. She asked for the Homeowner's Association to pay for algae removal in one pond in the neighborhood. The Association attorney's legal opinion stated that would be illegal because the ponds are private property. The Association could then become liable for damages or continued repairs for continue algae removal. The Association voted against Mrs. Fowler's request. I think her personal motivation is the driving reason behind this bill.