Legislative Update

Housing Bills, 2016 Legislative Session

Bills Committee Last action Date
HB 1553 - Bulova - Property Owners' Association Act; actions taken by board of directors without a meeting. (H) Committee on General Laws(H) Left in General Laws02/08/17
notes: Conforms the Property Owners' Association Act with the provisions of the Virginia Nonstock Corporation Act as the latter relates to authorized actions that may be taken by an association board of directors without a meeting. The bill sets out the requirements for written consent of the members of the board of directors to such action and provides the opportunity for comment by members of the association on any such action taken.
HB 1554 - Bulova - Property Owners' Association Act; amendment of declaration adopted prior to July 1, 2017. (H) Committee on General Laws

(S) Committee on General Laws and Technology
(G) Acts of Assembly Chapter text (CHAP0374)03/13/17
notes: Provides that except as otherwise provided in the declaration of a property owners' association, a declaration may be amended by a two-thirds vote of the owners. The bill also provides that an action to challenge the validity of an amendment adopted by the association may not be brought more than one year after the amendment is recorded. Under current law, such a challenge must be brought within one year after the amendment is effective. The bill is in response to the Virginia Supreme Court decision in February 2016 in Tvardek v. Powhatan Village Homeowners Association, Inc.
HB 1556 - Ware - Real estate appraisers; exemptions from licensure. (H) Committee on General Laws

(S) Committee on General Laws and Technology
(G) Acts of Assembly Chapter text (CHAP0258)03/03/17
notes: Provides that nothing in the exemption from licensure for any person, or an employee of a financial institution or lender, who provides an evaluation of real estate or real property in connection with a real estate-related financial transaction where an appraisal by a state-certified or state-licensed appraiser is not required by the state or federal financial institution's regulatory agency shall be construed to require a licensed residential real estate appraiser, certified residential real estate appraiser, or certified general real estate appraiser that provides an evaluation to comply with the uniform standards of professional appraisal practice adopted by the Board.
HB 1585 - Campbell - Housing authorities; approval for construction, etc. (H) Committee on General Laws

(S) Committee on General Laws and Technology
(G) Acts of Assembly Chapter text (CHAP0561)03/16/17
notes: Provides that the approval of the local governing body, including town councils, is required before a housing authority may exercise certain powers. The bill changes the term "county or city" to "locality," which is defined under 1-221 to mean any county, city, or town. The bill contains a technical amendment.
HB 1587 - Campbell - Uniform Statewide Building Code; security of certain records. (H) Committee on General Laws

(S) Committee on General Laws and Technology
(G) Acts of Assembly Chapter text (CHAP0510)03/16/17
notes: Provides that information contained in engineering and construction drawings and plans for any single-family residential dwelling submitted for the purpose of complying with the Uniform Statewide Building Code ( 36-97 et seq.) or the Statewide Fire Prevention Code ( 27-94 et seq.) shall be confidential and shall not be subject to disclosure under the Virginia Freedom of Information Act ( 2.2-3700 et seq.).
HB 1623 - Yancey - Residential rental property; foreclosure shall act as a termination agreement. (H) Committee on General Laws

(S) Committee on General Laws and Technology
(G) Acts of Assembly Chapter text (CHAP0063)02/20/17
notes: Removes a provision that allows a tenant to remain in a dwelling unit that has been foreclosed upon pursuant to the federal Protecting Tenants at Foreclosure Act because the Act expired on December 31, 2014, and is no longer in effect. The bill also requires a current owner of rental property who has entered into a written property management agreement with a managing agent and who has subsequently entered into a purchase agreement with a new owner to give written notice to the managing agent requesting payment of security deposits to the current owner prior to settlement with the new owner. The bill requires the managing agent to transfer the security deposits to the current owner and provide written notice to each tenant that his security deposit has been transferred.
HB 1638 - Leftwich - Virginia Residential Landlord and Tenant Act; insurance, early termination of rental agreement. (H) Committee on General Laws(H) Left in General Laws02/08/17
notes: Prohibits a landlord from requiring a tenant to agree to a waiver of subrogation for damage or renter's insurance. The bill also (i) requires a landlord to post a copy of a standard rental agreement and any addenda regularly used by the landlord on the landlord's public website, if any; (ii) allows for the early termination of a rental agreement by the surviving spouse of a decedent tenant under certain conditions; and (iii) provides that if a tenant makes a request for maintenance, the landlord is required to contact the tenant by telephone or electronic mail as provided by the tenant to arrange a time as may be mutually agreed upon by the landlord and tenant to remedy the condition for which the request for maintenance was made, unless there is a preexisting agreement between the parties to the contrary.
HB 1639 - Leftwich - Virginia Residential Landlord and Tenant Act; relationship between landlord and insurance company. (H) Committee on General Laws(H) Left in General Laws02/08/17
notes: Requires a landlord, prior to the execution or renewal of a rental agreement, to provide a written disclosure to a tenant in cases where (i) there exists a business or financial relationship between the landlord and any insurance company (a) providing to the landlord any insurance coverage that under current law the landlord may require as a condition of tenancy or (b) referred by the landlord to a tenant to obtain such insurance coverage and (ii) any such coverage contains a waiver of subrogation provision. The bill defines the term "business or financial relationship."
HB 1641 - Loupassi - Insurance policy limits; disclosure, homeowners or personal injury liability insurance. (H) Committee for Courts of Justice

(S) Committee for Courts of Justice
(G) Acts of Assembly Chapter text (CHAP0044)02/17/17
notes: Allows an injured person, the personal representative of a decedent, or an attorney representing either to request the disclosure of the liability limits of a homeowners insurance policy or personal injury liability insurance policy prior to filing a civil action for personal injuries or wrongful death from injuries sustained at the residence of another person. The party requesting this information shall provide the insurer with (i) the date the injury was sustained; (ii) the address of the residence at which the injury was sustained; (iii) the name of the owner of the residence; (iv) the claim number, if available; (v) for personal injury actions, the injured person's medical records, medical bills, and wage-loss documentation pertaining to the injury; and (vi) for wrongful death actions, (a) the decedent's death certificate; (b) the certificate of qualification of the personal representative of the decedent's estate; (c) the names and relationship of the statutory beneficiaries of the decedent; (d) medical bills, if any; and (e) a description of the source, amount, and payment history of the claimed income loss for each beneficiary. The bill provides that in personal injury actions, the insurer only has to disclose liability limits if the amount of the injured person's medical bills and wage losses equals or exceeds 12,500. The bill also provides that disclosure of a policy's limits shall not constitute an admission that the alleged injury is subject to the policy. This bill is a recommendation of the Boyd-Graves Conference.
HB 1648 - Loupassi - Notice by trustee required before foreclosure sale; tenant of property subject to sale. (H) Committee for Courts of Justice(H) Left in Courts of Justice02/07/17
notes: Requires a trustee to give written notice to any tenant living in property subject to foreclosure. The bill provides the contents of such written notice and requires the trustee to serve such notice at least 30 days prior to a foreclosure sale by mail or hand delivery.
HB 1670 - Lindsey - Property Owners' Association Act; amendment of declaration. (H) Committee on General Laws(H) Stricken from docket by General Laws01/19/17
notes: Provides that except as otherwise provided in the declaration of a property owners' association, a declaration may be amended by a two-thirds vote of the owners. The bill also provides that an action to challenge the validity of an amendment adopted by the association may not be brought more than one year after the amendment is recorded. Under current law, such a challenge must be brought within one year after the amendment is effective. The bill is in response to the Virginia Supreme Court decision in February 2016 in Tvardek v. Powhatan Village Homeowners Association, Inc.
HB 1697 - Marshall, D.W. - Extension of approvals to address housing crisis. (H) Committee on Counties, Cities and Towns

(S) Committee on Local Government
(G) Acts of Assembly Chapter text (CHAP0660)03/20/17
notes: Extends the sunset date for several measures related to various land use approvals from July 1, 2017, to July 1, 2022. The bill also expands the scope of such measures that will be subject to the extension to include those measures approved by January 1, 2017.
HB 1867 - Lopez - Virginia Housing Trust Fund; revenue deposits. (H) Committee on Appropriations(H) Left in Appropriations02/08/17
notes: Provides that 20% of annual recordation tax revenue in excess of $325 million shall be deposited into the Virginia Housing Trust Fund.
HB 1869 - Lopez - Virginia Residential Landlord and Tenant Act; tenant obligations. (H) Committee on General Laws

(S) Committee on General Laws and Technology
(G) Acts of Assembly Chapter text (CHAP0262)03/03/17
notes: Provides that in addition to complying with the terms of a rental agreement, a tenant is obligated to be financially responsible for the added cost of treatment or extermination of any insects or pests due to the tenant's unreasonable delay in reporting the existence of the insects or pests or the tenant's fault in failing to prevent infestation of any insects or pests in the area occupied.
HB 1899 - Bell, John J. - Conditional rezoning proffers; affordable dwelling units. (H) Committee on Counties, Cities and Towns(H) Left in Counties, Cities and Towns02/07/17
notes: Exempts onsite proffers related to affordable dwelling units from provisions that determine whether a proffer is unreasonable.
HB 2034 - Miller - Virginia Residential Property Disclosure Act; adds two new disclosures. (H) Committee on General Laws

(S) Committee for Courts of Justice
(G) Acts of Assembly Chapter text (CHAP0386)03/13/17
notes: Adds two new disclosures required to be made by a seller of residential real property to a purchaser, one for whether the property is subject to one or more conservation or other easements and a second for whether the property is subject to a community development authority approved by a local governing body. The bill also (i) adds a definitions section for the Virginia Residential Property Disclosure Act, (ii) provides for electronic delivery of required disclosures, and (iii) provides that the required disclosures provided by the Real Estate Board appear on its website. The bill has numerous technical amendments, and contains a provision related to disclosure of former resident living with HIV.
HB 2203 - Torian - Uniform Statewide Building Code; notice to residents of code violations. (H) Committee on General Laws

(S) Committee on General Laws and Technology
(G) Acts of Assembly Chapter text (CHAP0731)03/24/17
notes: Manufactured Home Lot Rental Act; notice to tenant of building code violation; renewal of lease. Requires a manufactured home park operator (the landlord) to provide written notification to each year-round resident whose rental agreement is subject to automatic renewal of any violations that have been cited by the locality involving the failure of the park operator to comply with the obligations imposed by the Manufactured Home Lot Rental Act ( 55-248.41 et seq.) at least 60 days before the termination date of the rental agreement. If the violations cited by the locality have not been corrected within 30 days of the termination date, the automatic renewal provision of the Act shall not apply. Additionally, the bill provides that if the landlord fails to provide the required notice, the tenant shall have the right to terminate the rental agreement upon written notice to the landlord at least five business days prior to the effective date of termination. The bill states that if the tenant terminates the rental agreement, the landlord shall make disposition of the tenant's security deposit in accordance with law or the provisions of the rental agreement, whichever is applicable.
HB 2307 - Bulova - Cover sheet for deed; property subject to the Property Owners' Association Act. (H) Committee for Courts of Justice(H) Stricken from docket by Courts of Justice01/27/17
notes: equires the cover sheet for a deed where the instrument to be recorded is a declaration creating a development that is subject to the Property Owners' Association Act to contain an acknowledgment of the review of best practices for the contents of declarations published by the Common Interest Community Board.
HB 2333 - Watts - Multi-jurisdiction grand jury; certain fraud crimes. (H) Committee for Courts of Justice(H) Left in Courts of Justice02/07/17
notes: Adds the offenses of obtaining money by false pretense, financial exploitation of mentally incapacitated persons, and construction fraud to the criminal violations that a multi-jurisdiction grand jury may investigate.
HB 2335 - Watts - Contractors, Board for; unlicensed activity, penalty. (H) Committee for Courts of Justice(H) VOTE: ENGROSSMENT REFUSED (41-Y 50-N)02/06/17
notes: Provides that, in addition to existing penalties for unlicensed activity, any second or subsequent violation by any person who undertakes work without a valid Virginia contractor's license or certificate when a license or certificate is required shall constitute a Class 6 felony.
HB 2375 - Watts - Virginia Home Solicitation Sales Act; prohibited solicitation, penalty. (H) Committee for Courts of Justice(H) Left in Courts of Justice02/07/17
notes: Provides that no seller or person acting for him shall make or attempt to make a home solicitation sale on residential property to any person that displays a no soliciting sign on one or more entry doors on such property, except as may be permissible under the Solicitation of Contributions Act. The bill defines "residential property" and "no soliciting sign" and provides that any seller who knowingly violates this provision is guilty of a trespass. The bill also sets out exceptions to its applicability.
HB 2376 - Watts - Property Owners' Association Act; fees for disclosure packets by associations. (H) Committee on General Laws(H) Left in General Laws02/08/17
notes: Provides that an association that is not professionally managed may act as a professionally managed association only upon complying with specific conditions set out in the bill. The bill also states that an association that is not professionally managed that satisfies each of these conditions and that performs the responsibilities of a professionally managed association shall have the liabilities and receive the compensation of a professionally managed association.
HB 2382 - Lindsey - Virginia Residential Landlord and Tenant Act; landlord to inspect vacated dwelling unit. (H) Committee for Courts of Justice(H) Left in Courts of Justice02/07/17
notes: Requires a landlord who knows or should have known that a dwelling unit has been vacated to inspect such dwelling unit within two days of its being vacated for the presence of any abandoned animals. If an abandoned animal is discovered, the landlord is required to notify an animal control officer or law enforcement of the presence and condition of the animal but shall not be considered the owner or custodian of the animal. The bill also provides that any person who knowingly fails to comply with the bill's inspection and notification provisions shall be guilty of a Class 1 misdemeanor.
SB 812 - Marsden - Asbestos, Lead, and Home Inspectors, Board for; home inspections, required statement. (H) Committee on General Laws

(S) Committee on General Laws and Technology
(G) Acts of Assembly Chapter text (CHAP0805)04/05/17
notes: Provides that whenever a home inspector observes the presence of any shade of yellow shaded corrugated stainless steel tubing during a home inspection, his observation must be included in the inspection report along with the following statement: "Manufacturers believe that this product is safer if properly bonded and grounded as required by the manufacturer's installation instructions. Proper bonding and grounding of the product can only be determined by a licensed electrical contractor."
SB 822 - Wexton - Virginia Fair Housing Law; unlawful discriminatory housing practices, sexual orientation and gender. (H) Committee on General Laws

(S) Committee on General Laws and Technology
(H) Left in General Laws02/21/17
notes: Adds discrimination on the basis of an individual's sexual orientation or gender identity as an unlawful housing practice. The bill defines sexual orientation and gender identity.
SB 823 - Wexton - Service of process; multifamily residential real estate and common interest communities. (S) Committee for Courts of Justice(S) Stricken at the request of Patron in Courts of Justice (15-Y 0-N)01/23/17
notes: Requires an employee or agent of an owner of multifamily residential real estate or a common interest community to grant entry into such property to a person attempting to execute service on a person who resides in, occupies, or is known to be present in such property.
SB 839 - Sturtevant - Virginia Consumer Protection Act; prohibited practices, etc. (H) Committee on Commerce and Labor

(S) Committee on Commerce and Labor
(G) Acts of Assembly Chapter text (CHAP0016)02/17/17
notes: Provides that it is a prohibited practice under the Virginia Consumer Protection Act for a supplier to promise to pay or rebate all or any portion of the deductible payable under a consumer's homeowners insurance policy as an inducement to the sale of roofing-related services. The measure also provides that a consumer shall have the right to rescind a contract for roofing-related services within three business days after being notified that all or any part of the consumer's claim for damage involving roofing-related services is not covered under the consumer's homeowners insurance policy. "Roofing-related services" includes the construction, installation, renovation, repair, maintenance, alteration, or waterproofing of a roof, gutter, downspout, or siding. "Promising to pay or rebate" includes (i) granting any allowance or offering any discount, including an allowance or discount in return for displaying a sign or other advertisement at the insured consumer's premises, against the fees to be charged or (ii) paying the insured consumer or any person associated with the property any form of compensation, gift, prize, bonus, coupon, credit, referral fee, or other item of monetary value for any reason pursuant to any agreement or understanding.
SB 905 - Marsden - Redevelopment and housing authority; compensation of commissioners. (H) Committee on General Laws

(S) Committee on General Laws and Technology
(H) Left in General Laws02/21/17
notes: Increases from $150 to $300 per month the maximum compensation that may be paid to a redevelopment and housing authority commissioner.
SB 919 - Edwards - Removal of blight; building collapse; emergency. (H) Committee on Counties, Cities and Towns

(S) Committee on Local Government
(G) Acts of Assembly Chapter text (CHAP0400)03/13/17
notes: Authorizes localities to immediately remove, repair, or secure any building in the event that an emergency is deemed to exist, as certified in writing by the local building code official, without complying with prescribed notice requirements.
SB 959 - Spruill - Va Residential Landlord and Tenant Act; landlord to inspect vacated dwelling for abandoned animals. (H) Committee for Courts of Justice

(S) Committee on General Laws and Technology
(H) Left in Courts of Justice02/21/17
notes: Requires a landlord who knew or should have known that a dwelling unit has been vacated to inspect such dwelling unit for the presence of any abandoned animals. If an abandoned animal is discovered, the landlord is required to notify an animal control officer or law enforcement of the presence and condition of the animal but shall not be considered the owner or custodian of the animal. Bill also provides for a civil penalty of $500 for failing to comply with the inspection and notification provisions with the proceeds deposited into the Literary Fund.
SB 966 - Obenshain - Residential rental property. (H) Committee for Courts of Justice

(S) Committee on General Laws and Technology
(G) Acts of Assembly Chapter text (CHAP0067)02/20/17
notes: Provides that if a residential dwelling unit is foreclosed upon and there is a tenant living in the dwelling unit at the time of the foreclosure, the foreclosure shall act as a termination of the rental agreement by the landlord. The bill allows the tenant to pay any rent that may be due prior to the date upon which the tenancy will terminate (i) to the successor landlord; (ii) to the managing agent of the landlord or successor landlord, if any; or (iii) into a court escrow account pursuant to the provisions of 55-225.12. The bill also provides that, if there is in effect at the date of the foreclosure sale a written property management agreement between the landlord and a real estate licensee licensed pursuant to the provisions of 54.1-2106.1, the foreclosure shall convert the property management agreement into a month-to-month agreement between the successor landlord and the real estate licensee acting as a managing agent, except in the event that the terms of the original property management agreement between the landlord and the real estate licensee acting as a managing agent require an earlier termination date. The bill permits a real estate licensee acting on behalf of a landlord client as a managing agent who elects to terminate the property management agreement to transfer any funds held in escrow by the licensee to the landlord client without his consent, provided that the real estate licensee provides written notice to each tenant that the funds have been so transferred; provides immunity, in the absence of gross negligence or intentional misconduct; clarifies that a tenant residing in a dwelling unit that has been foreclosed upon is eligible to file an assertion pursuant to 55-225.12 and that a court may order any
SB 988 - Dance - Virginia Employment Commission; population projections. (H) Committee on Commerce and Labor

(S) Committee on Commerce and Labor
(G) Acts of Assembly Chapter text (CHAP0020)02/17/17
notes: Eliminates the requirement that the Virginia Employment Commission prepare population projections for the Commonwealth for use by the General Assembly and certain state agencies.
SB 991 - Dance - Residential rental property. (H) Committee on General Laws

(S) Committee on General Laws and Technology
(G) Acts of Assembly Chapter text (CHAP0402)03/13/17
notes: Removes a provision that allows a tenant to remain in a dwelling unit that has been foreclosed upon pursuant to the federal Protecting Tenants at Foreclosure Act because the Act expired on December 31, 2014, and is no longer in effect. The bill also requires a current owner of rental property who has entered into a written property management agreement with a managing agent and who has subsequently entered into a purchase agreement with a new owner to give written notice to the managing agent requesting payment of security deposits to the current owner prior to settlement with the new owner. The bill requires the managing agent to transfer the security deposits to the current owner and provide written notice to each tenant that his security deposit has been transferred.
SB 993 - Stanley - Lease agreements; late charge. (S) Committee on Commerce and Labor(S) Passed by indefinitely in Commerce and Labor with letter (15-Y 0-N)01/30/17
notes: Caps the amount of the late charge that a lessor may impose for the failure of the lessee to make timely payment of any periodic rent due under a lease of real property in the Commonwealth at five percent of the amount of the periodic rent due under the lease. The measure requires the late charge to be specified in the lease or rental agreement. A payment is timely if it is made within seven calendar days of the due date.
SB 1037 - Locke - Virginia Residential Property Disclosure Act; required disclosures; local historic districts. (H) Committee on General Laws

(S) Committee on General Laws and Technology
(G) Acts of Assembly Chapter text (CHAP0569)03/16/17
notes: Advises a prospective purchaser of residential property under the Virginia Residential Property Disclosure Act, upon delivery of the residential property disclosure statement wherein the owner makes no representations with respect to the presence of a historic district, to review any materials available from the locality that explain (i) any requirements to alter, reconstruct, renovate, restore, or demolish buildings or signs in the local historic district and (ii) the necessity of obtaining any local review board or governing body approvals prior to doing any work on a property located in a local historic district. This bill is a recommendation of the Virginia Housing Commission.
SB 1094 - Petersen - Manufactured Home Lot Rental Act; right of resident upon eviction from a manufactured home park. (S) Committee on General Laws and Technology(S) Stricken at request of Patron in General Laws and Technology (15-Y 0-N)01/30/17
notes: Provides that a manufactured home owned by an evicted resident of a manufactured home park when there is no secured party shall be held in trust for the resident by the park owner until such time as the home is sold. The bill further provides that if the manufactured home is sold, the proceeds of the sale shall be remitted by the owner to the resident minus any costs for the sale and any amounts owed to the park.
SB 1123 - McPike - Manufactured Home Lot Rental Act; notice of uncorrected violations. (H) Committee on General Laws

(S) Committee on General Laws and Technology
(G) Acts of Assembly Chapter text (CHAP0734)03/24/17
notes: Requires a park operator to provide written notification to each year-round resident whose rental agreement is subject to automatic renewal of any violations that have been cited by the locality involving the failure of the park operator to comply with the obligation imposed by the Manufactured Home Lot Rental Act at least 60 days before the termination date. If the violations cited by the locality have not been corrected within 30 days of the termination date, the automatic renewal provision of the Act shall not apply.
SB 1228 - Barker - Va. Fair Housing Law; responsibilities with respect to use of an assistance animal in a dwelling. (H) Committee on General Laws

(S) Committee on General Laws and Technology
(G) Acts of Assembly Chapter text (CHAP0575)03/16/17
notes: Sets out the rights and responsibilities under the Virginia Fair Housing Law ( 36-96.1 et seq.) with respect to maintaining an assistance animal in a dwelling. The bill establishes a process for the review and approval or denial of a request from a person with a disability for reasonable accommodation to maintain an assistance animal in such person's dwelling. Under the bill, whenever a request for a reasonable accommodation to maintain an assistance animal in a dwelling is denied for reasons other than that the requester does not have (i) a disability or (ii) a disability-related need for an assistance animal, the person who receives the request shall initiate an interactive process with the individual requesting accommodation to determine if there is an alternative accommodation that would effectively address the disability-related need. The bill removes language providing that the terms "individual with a handicap" nor the term "handicap" do not apply to an individual solely because that individual is a transvestite. The bill also defines assistance animal, major life activities, and physical or mental impairment. This bill is a recommendation of the Virginia Housing Commission.
SB 1237 - Chafin - Housing authorities; authorization by governing body of town. (H) Committee on General Laws

(S) Committee on General Laws and Technology
(G) Acts of Assembly Chapter text (CHAP0068)02/20/17
notes: Provides that the governing body of a town, in addition to the governing body of a county or city as in current law, may authorize a housing authority to contract for the construction of additional housing or acquire land for, or purchase material for the construction or installation of, any sewerage, streets, sidewalks, lights, power, water, or any other facilities for such additional housing.
SB 1255 - DeSteph - Condominium Act; resale by purchaser, designation of authorized representative. (H) Committee on General Laws

(S) Committee on General Laws and Technology
(G) Acts of Assembly Chapter text (CHAP0406)03/13/17
notes: Provides that unless expressly authorized by the Condominium Act or the condominium instruments or as otherwise provided by law, no unit owners' association may require the use of any for sale sign that is a unit owners' association sign, or a real estate sign that does not comply with the requirements of the Real Estate Board. A unit owners' association may, however, prohibit the placement of signs in the common area and establish reasonable rules and regulations that regulate (i) the number of real estate signs to be located on real property upon which the owner has a separate ownership interest or a right of exclusive possession, so long as at least one real estate sign is permitted; (ii) the geographical location of real estate signs on real property in which the owner has a separate ownership interest or a right of exclusive possession, so long as the location of the real estate signs complies with the requirements of the Real Estate Board; (iii) the manner in which real estate signs are affixed to real property; and (iv) the period of time after settlement when the real estate signs on such real property shall be removed. The bill also prohibits a unit owners' association from requiring any unit owner to execute a formal power of attorney if the unit owner designates a person licensed by the Real Estate Board to serve as his authorized representative in the sale of a unit. In addition, the bill authorizes the Common Interest Community Board to assess a monetary penalty against a unit owners' association or common interest community manager for the failure to deliver the resale certificate within 14 days.
SB 1365 - Edwards - Statewide Fire Prevention Code; authority of Va. Fire Services Bd., fees for school inspections. (S) Committee on General Laws and Technology(S) Failed to report (defeated) in General Laws and Technology (5-Y 10-N)01/30/17
notes: Transfers primary authority for the adoption of the Statewide Fire Prevention Code from the Board of Housing and Community Development to the Virginia Fire Services Board. The bill also removes the prohibition against the State Fire Marshal's charging fees for school inspections. The bill contains technical amendments.
SB 1368 - Norment - Foreclosure advertisements; posted at courthouse and on local government or circuit court website. (S) Committee for Courts of Justice(S) Failed to report (defeated) in Courts of Justice (7-Y 8-N)02/01/17
notes: Provides that, in lieu of newspaper advertisements, foreclosure sales shall be advertised at the courthouse and on the website of the public government of the locality served by the court or of the circuit court for the county or city in which the property to be sold is located, and that the clerk shall place a small notice in a newspaper having a general circulation in the city or county in which the property to be sold is located informing the public of the location of such advertisements. The bill has a delayed effective date of January 1, 2018.
SB 1401 - Dunnavant - Virginia Property Owners' Association Act; lot owner representation on association board. (S) Committee on General Laws and Technology(S) Passed by indefinitely in General Laws and Technology with letter (15-Y 0-N)01/30/17
notes: Requires, unless the declaration expressly provides otherwise, that the membership of the board of directors of the association include lot owners other than the declarant until the transfer of the common area to the association by the declarant.
SB 1460 - Lucas - Real property, certain; orders of publication proceeding to enforce lien. (S) Committee for Courts of Justice(S) Stricken at the request of Patron in Courts of Justice (14-Y 0-N)01/30/17
notes: Provides that an order of publication for the enforcement of a lien for taxes owed on real property that has a value of $50,000 or less may be posted on the website of the local government or circuit court clerk in lieu of publication in a newspaper.
SB 1497 - Carrico - Manufactured home; excludes a park model recreation vehicle from definition. (H) Committee on Transportation

(S) Committee on Transportation
(G) Acts of Assembly Chapter text (CHAP0370)03/13/17
notes: Excludes a park model recreation vehicle from the definition of "manufactured home" and defines a park model recreational vehicle as a vehicle that is (i) designed and marketed as temporary living quarters for recreational, camping, travel, or seasonal use; (ii) not permanently affixed to real property for use as a permanent dwelling; (iii) built on a single chassis mounted on wheels with a gross trailer area not exceeding 400 square feet in the setup mode; and (iv) certified by the manufacturer as complying with the American National Standards Institute (ANSI) A119.5 Park Model Recreational Vehicle Standard.
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