Virginia 2017 Regular Session Status: Enacted

HB 2045 — Property Owners' Association Act; designation of authorized representative by seller.

Last action — Approved by Governor-Chapter 387 (effective 7/1/17)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House of Delegates
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 10, 2017. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 7 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Provides that unless expressly authorized by the Property Owners' Association Act (§ 55-508 et seq.) or the declaration or as otherwise provided by law, no association may require the use of any for sale sign that is (i) an association sign or (ii) a real estate sign that does not comply with the requirements of the Real Estate Board. An association may, however, prohibit the placement of signs in the common area and establish reasonable rules and regulations that regulate (a) the number of real estate signs, (b) the geographical location of real estate signs, (c) the manner in which real estate signs are affixed to real property, and (d) the period of time after settlement when the real estate signs must be removed. In addition, no property owners' association may require any lot owner to execute a formal power of attorney if the lot owner designates a person licensed by the Real Estate Board to serve as his authorized representative in the sale of a lot. The bill provides that if a request has been made to an association or its common interest community manager to furnish the disclosure packet and such packet is not provided within 14 days of the request, it shall be deemed a waiver of any claim for delinquent assessments or of any violation of the declaration, bylaws, rules and regulations, or architectural guidelines existing as of the date of the request with respect to the subject lot. The bill also authorizes the Common Interest Community Board to assess a monetary penalty for failure to deliver the association disclosure packet within 14 days against the association or its common interest community manager. The bill also authorizes the Common Interest Community Board to receive a complaint directly from any person aggrieved by an association's failure to deliver a resale certificate or disclosure packet within the time period required under the Condominium Act, the Virginia Real Estate Cooperative Act, or the Property Owners' Association Act. This bill is identical to

Bill Text

Action History

  1. Approved by Governor-Chapter 387 (effective 7/1/17)

  2. Governor's Action Deadline Midnight, March 27, 2017

  3. Enrolled Bill communicated to Governor on 2/21/17

  4. Signed by President

  5. Signed by Speaker

  6. Enrolled

  7. Read third time

  8. Referred to Committee on General Laws and Technology

  9. Constitutional reading dispensed

  10. Read third time and passed House BLOCK VOTE (98-Y 0-N)

  11. Engrossed by House - committee substitute HB2045H1

  12. Committee substitute agreed to 17104568D-H1

  13. Read second time

  14. Read first time

  15. Assigned GL sub: Subcommittee #1

  16. Referred to Committee on General Laws

  17. Prefiled and ordered printed; offered 01/11/17 17103719D

Sponsors

  • Jackson H. Miller · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 147 not signed on

Sponsors (1)

  • Jackson H. Miller

Co-sponsors (0)

None.

Not signed on (147)

147 members have not signed on to this bill.

Show all 147 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 98 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 98000
Total 98000
% of votes cast 100%0%0%0%
How each member voted (98)
Member Party Vote
Albo — Yea
Campbell — Yea
Collins — Yea
Farrell — Yea
Freitas — Yea
Gilbert — Yea
Habeeb — Yea
Heretick — Yea
Ingram — Yea
LaRock — Yea
Landes — Yea
LeMunyon — Yea
Levine — Yea
Orrock — Yea
Plum — Yea
Poindexter — Yea
Tyler — Yea
Villanueva — Yea
Bell, John J. — Yea
Bell, Richard P. — Yea
Bell, Robert B. — Yea
Cox — Yea
Bulova — Yea
Byron — Yea
Cline — Yea
Cole — Yea
Dudenhefer — Yea
Edmunds — Yea
Fariss — Yea
Filler-Corn — Yea
Greason — Yea
Helsel — Yea
Hester — Yea
Jones — Yea
Marshall, D.W. — Yea
Marshall, R.G. — Yea
Miller — Yea
Mr. Speaker — Yea
Holcomb — Yea
Hugo — Yea
James — Yea
Keam — Yea
Kory — Yea
Lindsey — Yea
Lingamfelter — Yea
Loupassi — Yea
Massie — Yea
Minchew — Yea
Miyares — Yea
Morris — Yea
Mullin — Yea
Murphy — Yea
O'Bannon — Yea
Peace — Yea
Pogge — Yea
Ransone — Yea
Robinson — Yea
Rush — Yea
Stolle — Yea
Toscano — Yea
Yancey — Yea
Yost — Yea
Alfonso H. Lopez — Yea
Barry D. Knight — Yea
Betsy B. Carr — Yea
C.E. Cliff Hayes, Jr. — Yea
Charniele L. Herring — Yea
Christopher T. Head — Yea
Delores L. McQuinn — Yea
Hyland F. "Buddy" Fowler, Jr. — Yea
Israel D. O'Quinn — Yea
James A. "Jay" Leftwich — Yea
Jeion A. Ward — Yea
Jennifer B. Boysko — Yea
Jessica L. Anderson — Yea
Kimberly Pope Adams — Yea
Lamont Bagby — Yea
Lashrecse D. Aird — Yea
Luke E. Torian — Yea
M. Keith Hodges — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Mark D. Sickles — Yea
Michael J. Webert — Yea
Patrick A. Hope — Yea
Paul E. Krizek — Yea
R. Lee Ware — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Yea
Sam Rasoul — Yea
Terry G. Kilgore — Yea
Terry L. Austin — Yea
Thomas A. Garrett, Jr. — Yea
Thomas C. Wright, Jr. — Yea
Todd E. Pillion — Yea
Tony O. Wilt — Yea
Vivian E. Watts — Yea
Will Davis — Yea

Official roll call →

Subjects

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Frequently asked questions

What does HB 2045 do?
Provides that unless expressly authorized by the Property Owners' Association Act (§ 55-508 et seq.) or the declaration or as otherwise provided by law, no association may require the use of any for sale sign that is (i) an association sign or (ii) a real estate sign that does not comply with the requirements of the Real Estate Board. An association may, however, prohibit the placement of signs in the common area and establish reasonable rules and regulations that regulate (a) the number of real estate signs, (b) the geographical location of real estate signs, (c) the manner in which real estate signs are affixed to real property, and (d) the period of time after settlement when the real estate signs must be removed. In addition, no property owners' association may require any lot owner to execute a formal power of attorney if the lot owner designates a person licensed by the Real Estate Board to serve as his authorized representative in the sale of a lot. The bill provides that if a request has been made to an association or its common interest community manager to furnish the disclosure packet and such packet is not provided within 14 days of the request, it shall be deemed a waiver of any claim for delinquent assessments or of any violation of the declaration, bylaws, rules and regulations, or architectural guidelines existing as of the date of the request with respect to the subject lot. The bill also authorizes the Common Interest Community Board to assess a monetary penalty for failure to deliver the association disclosure packet within 14 days against the association or its common interest community manager. The bill also authorizes the Common Interest Community Board to receive a complaint directly from any person aggrieved by an association's failure to deliver a resale certificate or disclosure packet within the time period required under the Condominium Act, the Virginia Real Estate Cooperative Act, or the Property Owners' Association Act. This bill is identical to
Who sponsors HB 2045?
HB 2045 is sponsored by Jackson H. Miller.
What is the current status of HB 2045?
This bill has been enacted into law. Introduced January 10, 2017. Enacted.
Where can I track HB 2045?
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