Common interest communities; authority of association to suspend right to use certain facilities. (HB2098)
Introduced By
Progress
✓ |
Introduced |
✓ |
Passed Committee |
✓ |
Passed House |
✗ |
Passed Senate |
☐ |
Signed by Governor |
☐ |
Became Law |
Description
Common interest communities; Property Owners' Association Act and Virginia Condominium Act; authority of association to suspend right to use certain facilities. Authorizes the board of directors of an association organized pursuant to the Property Owners' Association Act and the unit owners' association organized pursuant to the Virginia Condominium Act to suspend a member's or unit owner's, respectively, access to certain facilities for any violation of the declaration or rules and regulations for which the member or unit owner, or his family members, tenants, guests, or other invitees, is responsible. Current law allows the board of directors or unit owners' association to suspend such access only for nonpayment of assessments that are more than 60 days past due. Read the Bill »
Outcome
History
Date | Action |
---|---|
01/10/2023 | Prefiled and ordered printed; offered 01/11/23 23103850D |
01/10/2023 | Referred to Committee on General Laws |
01/16/2023 | Assigned GL sub: Subcommittee #2 |
01/16/2023 | Impact statement from DPB (HB2098) |
02/02/2023 | House subcommittee amendments and substitutes offered |
02/02/2023 | Subcommittee recommends reporting with amendments (8-Y 0-N) |
02/02/2023 | House committee, floor amendments and substitutes offered |
02/02/2023 | Reported from General Laws with amendment(s) (22-Y 0-N) (see vote tally) |
02/05/2023 | Read first time |
02/06/2023 | Read second time |
02/06/2023 | Committee amendments agreed to |
02/06/2023 | Engrossed by House as amended HB2098E |
02/06/2023 | Printed as engrossed 23103850D-E |
02/07/2023 | Read third time and passed House (91-Y 7-N) |
02/07/2023 | VOTE: (91-Y 7-N) (see vote tally) |
02/07/2023 | Impact statement from DPB (HB2098E) |
02/08/2023 | Constitutional reading dispensed |
02/08/2023 | Referred to Committee on General Laws and Technology |
02/15/2023 | Reported from General Laws and Technology (8-Y 7-N) (see vote tally) |
02/17/2023 | Constitutional reading dispensed (37-Y 0-N) (see vote tally) |
02/20/2023 | Read third time |
02/20/2023 | Passed by for the day |
02/21/2023 | Floor substitute printed 23107205D-S1 (Surovell) |
02/21/2023 | Read third time |
02/21/2023 | Reading of substitute waived |
02/21/2023 | Substitute by Senator Surovell agreed to 23107205D-S1 |
02/21/2023 | Defeated by Senate (8-Y 32-N) (see vote tally) |
Comments
Thank you for stopping this terrifying legislative bill as it was introduced in the House. POAs do not need more power, certainly not the power to "fine" without an affirmative basis in their declaration - the contract that is agreed to by all homeowners when they buy into a POA.
While we want to believe that POA boards are run by reasonable, sensible adults who would not abuse their power, this is not always the case. Nor is it the case that all lawyers who practice in this area of law provide objective legal guidance for POA boards. There are news articles about some of the lawsuits brought against POAs in Virginia - Shadowood, Tvardek, Olde Belhaven, Manchester Oaks, Sainani - with interviews from homeowners that describe cringeworthy abuses of power by POA boards that led up to these lawsuits (all of which homeowners won). Like cockroaches, the few you see in the daylight tend to be indicative of a greater infestation.
What POAs really need are training programs for their boards to be educated about their responsibilities, such as maintaining common amenities, roads and stormwater systems; legal requirements; board fiduciary standards; responsible handling of the POA's money and its other assets, such as its reputation. Responsible governance, not fines and force, is the best support for POA property values.