Common interest communities; authority of association to suspend right to use certain facilities. (HB2098)

Introduced By

Del. David Bulova (D-Fairfax)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


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 »


Bill Has Failed


01/10/2023Prefiled and ordered printed; offered 01/11/23 23103850D
01/10/2023Referred to Committee on General Laws
01/16/2023Assigned GL sub: Subcommittee #2
01/16/2023Impact statement from DPB (HB2098)
02/02/2023House subcommittee amendments and substitutes offered
02/02/2023Subcommittee recommends reporting with amendments (8-Y 0-N)
02/02/2023House committee, floor amendments and substitutes offered
02/02/2023Reported from General Laws with amendment(s) (22-Y 0-N) (see vote tally)
02/05/2023Read first time
02/06/2023Read second time
02/06/2023Committee amendments agreed to
02/06/2023Engrossed by House as amended HB2098E
02/06/2023Printed as engrossed 23103850D-E
02/07/2023Read third time and passed House (91-Y 7-N)
02/07/2023VOTE: (91-Y 7-N) (see vote tally)
02/07/2023Impact statement from DPB (HB2098E)
02/08/2023Constitutional reading dispensed
02/08/2023Referred to Committee on General Laws and Technology
02/15/2023Reported from General Laws and Technology (8-Y 7-N) (see vote tally)
02/17/2023Constitutional reading dispensed (37-Y 0-N) (see vote tally)
02/20/2023Read third time
02/20/2023Passed by for the day
02/21/2023Floor substitute printed 23107205D-S1 (Surovell)
02/21/2023Read third time
02/21/2023Reading of substitute waived
02/21/2023Substitute by Senator Surovell agreed to 23107205D-S1
02/21/2023Defeated by Senate (8-Y 32-N) (see vote tally)


POA Meister writes:

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.

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