For the last several years I have been honored to serve as one of SEVA-CAI’s Delegates to the Virginia Legislative Action Committee (VALAC).  The VALAC does important work in educating legislators about the needs of community associations and in helping to craft or block legislation which affects those community associations.  The process begins each year in the Fall and the most significant work ends in the Spring, with new laws slated for implementation on July 1 of each year.  This year the VALAC started by evaluating hundreds of bills to see what would impact our constituency and then narrowed our focus to 134 bills, the majority of which we viewed as an unreasonable interference with the rights of community associations and which were subsequently withdrawn or defeated.  Significant among the defeated bills were those which would have (1) removed licensing requirements for community association managers (which have been in place for only a few years), (2) permitted the imposition of criminal penalties for violations of the Condominium Act by community associations (among others) and (3) established the right of political candidates to engage in campaign activities on condominium property.

A summary of the new laws which will be taking effect is provided below.

Last month we posted a summary of other new laws in Virginia to be effective on July 1, 2019.


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WHAT YOU DON’T KNOW CAN HURT YOU!

The Virginia General Assembly has wrapped up another busy year so it’s time to take stock of what new laws and changes to existing laws will affect community associations.  All board members and association managers need to be aware of these new and revised laws in order to avoid the legal pitfalls of doings things “the way we always have” instead of the way the new laws require it to be done.  All of these new or revised laws have been passed by both the Virginia House and Senate, have been signed by the Governor, and will go into effect on July 1, 2019.  We will break the changes down into several categories and send you the “need to know” information in several installments over the next couple of months.  In this issue we will discuss resale disclosure changes and child care businesses in HOAs.
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The General Assembly finally heard the hue and cry from us about lenders abuse of associations in the foreclosure process. Unfortunately this new statute does not fully end the abuse. The key word in the title above is “occur”. The first benefit of the new law is that Lenders must now give associations notice at least 60 days in advance of initiating foreclosure.  How does this help us?


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QUESTION: 

I understand that at this time all associations are required to have a complaint procedure in place in order for their members to be able to let the CIC Board know of issues they have with their association. I also know that the Annual Report form requires an Association to state whether or not it has a complaint procedure. What is the consequence if an association fails to comply after getting the DPOR’s letter about non-compliance when they have checked “no” on the Annual Report?


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