Category Archives: Legislation

Virginia – 2017 General Assembly Update for Community Associations – Adjournment Sine Die

March 2, 2017 (Reprinted from Vandeventer Black’s Community Association Newsletter)

 This past Saturday, February 25, 2017, the Virginia General Assembly adjourned sine die and will not reconvene again until the “veto” session is scheduled for April 5, 2017.

In all, 2,959 bills and resolutions were introduced during the 2017 session and 242 bills were carried over from the 2016 session.  Of the bills considered, 1,773 were passed by both the Senate and the House of Delegates and forwarded to the Governor for signature.  A total of 1,428 bills failed.  The Governor has already vetoed seven bills and more may still veto more over the next few weeks.

Although some would classify this year’s session, a session immediately following to a Presidential election and immediately prior to a statewide election, as “uneventful,” Vandeventer Black attorneys tracked almost 80 bills affecting community associations during the 2017 session.

Of those 80 bills, we more closely monitored 28 bills directly affecting community associations.  But, all in all, there are few significant changes affecting Virginia community associations, as described below:  Continue reading Virginia – 2017 General Assembly Update for Community Associations – Adjournment Sine Die

Federal – Amateur Radio Parity Act of 2016 Passed in U.S. House of Representatives

After months (years) of negotiation and revision, HR 1301 was passed by the U.S. House of Representatives and is on its way to the U.S. Senate for consideration.

According to the Community Associations Institute’s Government Affairs blog, the amended version of HR 1301 provides, among other things, that:

  • HAM radio operators are required to obtain the prior consent of the association to install an outdoor antenna
  • HAM radio operators are prohibited from placing antennas on common property, and
  • associations may establish written rules concerning outdoor HAM radio antennas.

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

Continue reading Federal – Amateur Radio Parity Act of 2016 Passed in U.S. House of Representatives

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.

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

Virginia – McAuliffe Signs Delegate Hope’s House Bill 1146

HB 1146 Local permitting or licensure; consent of common interest community association prohibited

Virginia House Bill 1146 was approved by Governor McAuliffe on Monday, becoming effective July 1, 2016.

House Bill 1146 prohibits a locality from requiring consent of a condominium unit owners association or property owners’ association prior to the issuance of a permit, certificate, or license, including a building permit or a business license.

Continue reading Virginia – McAuliffe Signs Delegate Hope’s House Bill 1146

Virginia – Senate Bill 389 signed by Governor McAulliffe

SB 389 Local permitting or licensure; consent of common interest community association prohibited

Virginia Senate Bill 389 was approved by Governor McAuliffe on Monday, becoming effective July 1, 2016.

Continue reading Virginia – Senate Bill 389 signed by Governor McAulliffe

Federal – HOME Act Introduced to Allow Tax Deduction for Certain Assessment

Helping Our Middle-Income Earners (HOME) Act

Yesterday, two members of the U.S. Representatives from California, Rep. Anna Eshoo and Rep. Mike Thompson introduced the Helping Our Middle-Income Earners (HOME) Act.  If passed, the HOME Act would allow certain homeowners to deduct up to $5,000 in qualified homeowners association assessments from their federal tax liability.

Continue reading Federal – HOME Act Introduced to Allow Tax Deduction for Certain Assessment

Virginia – Senator Petersen Expects to Bring Child-Care Bill Back in 2017

Fairfax Connection

Tuesday, Feb. 16 marked “crossover,” the milestone during the current session of the Virginia General Assembly session in Richmond where bills passed by the House of Delegates move to the Senate for debate and either approval or rejection, and vice versa. While many are just beginning their time in the alternate governing body some fast-tracked bills such as Del.

Even before the 2016 session of the General Assembly ends, Senator Chap Petersen expects to continue efforts in 2017 to abrogate restrictive covenants limited home-based businesses.

Continue reading Virginia – Senator Petersen Expects to Bring Child-Care Bill Back in 2017

Virginia – Limited Residential Lodging Act (HB812 and SB416) May Create Unintended Consequences for Associations

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As two bills move through the Virginia General Assembly that would allow property owners to rent out their homes, or portions of their homes, for periods of less than 30 consecutive days, community association volunteer leaders must consider the impact short-term residential lodging will have on their community.

Governing documents of many (most) condominium, cooperative, and property owners association prohibit short-term rentals, use of the home for hotel or transient purposes and leasing only a portion of the home.

Continue reading Virginia – Limited Residential Lodging Act (HB812 and SB416) May Create Unintended Consequences for Associations