SB 197 — Common interest communities; prohibition on refusal to recognize a licensed real estate broker.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2022 SESSION CHAPTER E66 An Act to amend and reenact §§ 54.1-2350, 55.1-1806, 55.1-1809, 55.1-1823, 55.1-1962, 55.1-1973, and to55.1-1991 recognizeof athe licensedCode realof estateVirginia, broker.relating to common interest communities;

prohibition on refusal to commonrecognize interesta communities;licensed real estate broker.

prohibition on rRfusal O [S 197] L Approved LApril 1, 2022 Be it enacted by the General Assembly of Virginia:

E 1.

That §§ 54.1-2350, 55.1-1806, 55.1-1809, 55.1-1823, 55.1-1962, 55.1-1973, and 55.1-1991 of tDethe Cod§Code 54.1-2350.of Virginia are amended and reenacted as follows:

§ 54.1-2350.

2.55.1-1836 55.1-1835, 55.1-1980, and 55.1-2182;

Developandl and disseminate an association annual report form for use in accordance with §§ 55.1-18363. 55.1-1835, 55.1-1980, and 55.1-2182;

Develop and 3.disseminate a form to accompany resale certificates required pursuant to § 55.1-1990 and association disclosure packets required pursuant to § 55.1-1809, which form shall summarize the unique characteristics of common interest communities generally that may affect a prospective purchaser's decision to purchase a lot or unit located in a common interest community.

DevelopThe and disseminate a form to accompany resale certificates required pursuant to § 55.1-1990 and association disclosure packets required pursuant to § 55.1-1809, which form shall summarizeBthe unique characteristics of common interest communities generally that may affect a prospective 9 include information on the following, which may or may not be applicable to a particular commonEshallcommon interest community:

(i) the obligation on the part of an owner to pay regular annual or specialRspecial assessments to the association;

(vii) limitations on an owner's ability to maintain an animal as a pet within the lot or unit, or in common areas or common elements;

and (c) the contents of between the form and the resale certificate or disclosure packet.extentpacket shall control to the extent that there are any inconsistencies §between 55.1-1806.the form and the resale certificate or disclosure packet.

§ 55.1-1806.

3.

Charge an annual or monthly rental fee or any other fee not expressly authorized in § 55.1-1805;

Require the lot owner to use a lease or an addendum to the lease prepared by the association;05;association;

Refuse to recognize a person licensed under the provisions of § 54.1-2106.1 designated by the lot owner as the lot owner's authorized representative with respect to any lease, the association shall recognize such representation without a formal power of attorney, provided that the association is given a written authorization signed by the lot owner designating such representative under the provisions of § 55.1-1823.

of 5 B.

The association may require the lot owner to provide the association with (i) the names and contact information of and vehicle information for the tenants and authorized occupants under such lease of 5 and (ii) the name and contact information of any authorized agent of the lot owner.

Certification that the association has filed with the Common Interest Community Board the of 5 annual report required by § 55.1-1835.

and E 19.

N B.

Failure to receive copies of an association disclosure packet shall not excuse any failurRfailure to of 5 comply with the provisions of the declaration, articles of incorporation, bylaws, or rules or regulations.

theC. seller or the seller's authorized agent, including whether the disclosure packet shall be deliveredof electronically or in hard copy, and shall specify the complete contact information for the parties to whom the disclosure packet shall be delivered.

The disclosure packet shall be delivered in accordance with the written request and instructions of the seller or the seller's authorized agent, including whether the disclosure packet shall be delivered electronically or in hard copy, and shall specify the complete contact information for the parties to whom the disclosure packet shall be delivered.

L D.

The seller or the seller's authorized agent may request that the disclosure packet be proEidedprovided in hard copy or in electronic form.

The seller or the seller's authorized agent shall continue to have the right to request a hard copy of the disclosure packet in requestsperson thatat the disclosureprincipal packetplace beof providedbusiness inof electronic format, neither the associationassociation. nor itsd agent common interest community manager may require the seller or the seller's authorized agent to pay any fees to use the provider's electronic network or system.

If the seller or the seller's authorized agent requests that the disclosure packet be provided in electronic format, neither the association nor its common interest community manager may require the seller or the seller's authorized agent to pay any fees to use the provider's electronic network or system.

If Shethe disclosure packet is provided electronically by a website link, the preparer shall not cause th1the website link to expire within the subsequent 90-day period.

The preparer shall not charge another fee d7ringduring the subsequent 12-month period, except that the preparer may charge an update fee for a financial uRdateupdate or for an inspection as provided in § 55.1-1810.

the seller, the seller's authorized agent, the purchaser, the purchaser's authorized agent, and not more than one other person designated by the requester.

Except as expressly authorized in this chapter or in the declaration or as otherwise provided by law, no property owners' association shall require any lot owner to execute a formal power of attorney if the lot owner designates a person licensed under the provisions of § 54.1-2106.1 as the lot owner's authorized representative, and the association shall recognize such representation without a formal power of attorney, provided that the association is given a written authorization signed by the lot owner power designating such representative that includes the designated representative's name, contact information, and license number and the lot owner's signature.

Except as expressly authorized in this chapter or in the condominium instruments or as otherwise provided by law, no unit owners' association shall require any unit owner to execute a formal power of attorney if the unit owner designates a person licensed under the provisions of § 54.1-2106.1 as the unit owner's authorized representative, and the unit owners' association shall recognize such representationitrepresentation without a formal power of attorney, provided that the unit owners' association is given a written authorization signed by the unit owner designating such representative that includes the designated representative's name, contact information, and license number and the unit owner's signature.

Condition or prohibit the rental of a unit to a tenant by a unit owner or make an assessment or imp2.impose a charge except as provided in § 55.1-1904;

2.

of 5 3.

Refuse to recognize a person licensed under the provisions of § 54.1-2106.1 designated by the unit of 5 owner as the unit owner's authorized representative with respect to any lease, the unit owners' association shall recognize such representation without a formal power of attorney, provided that the unit owners' association is given a written authorization signed by the unit owner designating such representative under the provisions of § 55.1-1962.

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