Federal – Obama signs H.R. 3700, Housing Opportunity through Modernization Act

The Community Associations Institute Government Affairs Blog reports here that President Obama has signed H.R. 3700, the Housing Opportunity through Modernization Act, making the Act federal law.

According to the patron, Congressman Blaine Luetkemeyer’s (MO-03), the legislation includes provisions to:

  • Ensure that veterans have fair access to housing and homeless assistance programs.
  • Authorize the Rural Housing Service single family housing guaranteed loan program to delegate approval authority to preferred lenders.
  • Extend the period for which a family could use a family unification housing voucher and increase the ceiling for the Family Unification Program voucher age requirement.
  • Provide a thoughtful limitation on public housing tenancy for over-income residents.

And, as reported previously, H.R. 3700 reforms the process used by the Federal Housing Administration (FHA) to determine if condominium unit owners qualify for a mortgage with FHA insurance (FHA does not originate mortgage loans, but instead insures mortgages against default).

The full text of the bill is available after the jump.

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Virginia – Fredericksburg Association requests City utilize undeveloped, profferred land

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What happens to land proffered during development that is not used by the locality? Usually, nothing.

In 2003 Fredericksburg proffered (required the developer give to the City) a 27-acre site for use as a high school during the development of The Village of Idlewild.  Instead of building a new school on the site, the City rebuilt its James Monroe High School on the existing property.

Now, the City owns several vacant lots within the Village of Idlewild and community association volunteer leaders are asking city officials to put at least one of the lots to better use – to build a park for use by City residents.

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Virginia – First Condominium Approved by Fairfax County in Tysons Transformation Plan

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The first condominium to be built under Fairfax County’s plan to transform Tyson’s Corner will be The Arbor, a 25-story luxury high rise on the corner of West Park Drive and the Jones Branch Drive Extension.

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Virginia – River Mill, a 1,035-home Development, Coming to Henrico in 2017

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On Tuesday, April 12, 2016, the Henrico County Board of Supervisors approved a large new residential development by HHHunt Communities. Construction should begin next year.

According to the Richmond Times-Dispatch (link to article after the jump):

HHHunt Communities plans to build 450 single-family homes, 300 town houses and 285 apartments in what it is calling River Mill. According to documents, homes are expected to start at $340,000, but houses on 80-foot-wide lots along the Chickahominy River will begin at $420,000. Town houses will range from $240,000 to $290,000, and apartments will rent for $780 to $1,500 a month.

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Federal – HUD Issues Guidance on Use of Criminal Records by Housing Providers

Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing and Real Estate-Related Transactions

Last week (April 4, 2016), the U.S. Department of Housing and Urban Development issued official guidance about how the discriminatory effects and disparate treatment methods of proof apply in Fair Housing Act cases in which a housing provider justifies an adverse housing action – such as a refusal to rent or renew a lease – based on an individual’s criminal history.

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District of Columbia – Public Participation in Private Development Venture does not trigger Davis-Bacon Act

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On April 5, 2016, the U.S. Court of Appeals for the D.C. Circuit determined whether the Davis-Bacon Act applies to the construction of CityCenterDC.   According to the Court, CityCenterDC is a large private development in the heart of Washington, D.C. It features upscale retail stores such as Hermès, Boss, and Louis Vuitton; high-end restaurants such as DBGB and Centrolina; the large private law firm of Covington & Burling; and luxury residences.

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This Day in Virginia Condo Law: Kuehn v. Carlyle Towers Condominium Unit Owners Association (Alexandria Cir. Ct. 2011)

Kuehn v. Carlyle Towers Condominium Unit Owners Ass’n

On April 8,  2011, Judge Swersky sitting on the Alexandria Circuit Court, ruled in favor of Carlyle Towers Condominium Unit Owners Association in a claim related to water damage.

Continue reading This Day in Virginia Condo Law: Kuehn v. Carlyle Towers Condominium Unit Owners Association (Alexandria Cir. Ct. 2011)

National – Standardized Condominium Project Questionnaires Released by FHFA, FNMA and Freddie Mac

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Last week, Federal Housing Finance Agency, Freddie Mac and Fannie Mae released standardized Condominium Project Questionnaire forms.

According to Freddie Mac’s website, “The new forms provide greater consistency and clarity for lenders as they work to collect information to determine eligibility for mortgages secured by units in condominium projects.”

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One lawyer's compilation of online legal resources and comments related to issues involving condominiums, HOAs, timeshares and cooperatives in Virginia and the District of Columbia.