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Summaries>2005>Property and Conveyances
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Property and Conveyances
Passed
P
HB1522
Virginia Self-Service Storage Act; liens. Increases the lien that an owner of a storage facility has on property stored within each leased space for rent, labor, or other charges from $250 to $500 if the leased space is climate-controlled.
Patron - Pollard
P
HB1648
Division fences; requirements for construction. Modifies Virginia's fence laws governing the construction of division fences by permitting all adjoining landowners to choose to let their land lie open and thereby avoid having to contribute to the fence construction cost. Under current law, owners of subdivided, commercial, or industrial property do not have the option of choosing to let their land lie open.
Patron - Orrock
P
HB1711
Virginia Residential Landlord and Tenant Act; insurance. Clarifies that where a landlord obtains for tenant either damage insurance or renter's insurance, the landlord shall name the tenant as a "co-insured," so that the tenant will have privity of contract with the insurance company. Currently, the landlord's authority to obtain such insurance is limited to the purchase of a rider on the landlord's property and casualty insurance contract.
Patron - Albo
P
HB2120
Unrecorded escheat grants; original lost or destroyed; certified copy of grant. Requires the clerk to accept for recordation a copy of a grant from the Commonwealth that is certified as a true copy by the Librarian of Virginia.
Patron - Ware, O.
P
HB2162
Virginia Residential Landlord and Tenant Act; holdover tenancies with landlord's consent. Provides that in the event of termination of a rental agreement and the tenant remains in possession with the agreement of the landlord either as a hold-over tenant or a month-to-month tenant and no new rental agreement is entered into, the terms of the terminated agreement shall remain in effect and govern the hold-over or month-to-month tenancy, except that the amount of rent shall be either as provided in the rental agreement or as set by the landlord in a separate written notice to the tenant to take effect on the next rent due date coming 30 days after notice to the tenant.
Patron - Reese
P
HB2164
Virginia Residential Landlord and Tenant Act; fire or casualty damage; termination of rental agreement. Provides for the termination of the rental agreement by either the landlord or the tenant in cases where the dwelling unit is damaged by fire or casualty, or required repairs can only be accomplished if the tenant vacates the dwelling unit. The bill provides for required notice of an intent to terminate the rental agreement and specifies the date of termination. The bill also requires, upon termination, that the landlord return all security and prepaid rent, plus accrued interest, recoverable by law unless the landlord reasonably believes that the tenant, tenant's guests, or those occupying the dwelling unit with the tenant's permission were the cause of the damage or casualty, in which case the landlord must account to the tenant for the security and prepaid rent, plus accrued interest, based upon the damage or casualty.
Patron - Reese
P
HB2165
Virginia Residential Landlord and Tenant Act; noncompliance with rental agreement. Provides that if the rental agreement requires the payment of reasonable attorneys' fees in the event of a breach of the agreement or noncompliance by the tenant, the landlord shall be awarded reasonable attorneys' fees in any action based upon the tenancy in which the landlord prevails, including but not limited to actions for damages to the dwelling unit or premises, or additional rent, regardless of any previous action to obtain possession or rent unless the tenant proves by a preponderance of the evidence that his failure to pay rent or vacate was reasonable. Currently, where the rental agreement provides for the payment of attorneys' fees, they can be awarded to the landlord only where the tenant fails to prove by a preponderance of the evidence that the failure to pay rent or vacate the premises was due to (i) the breach of the lease by the landlord or (ii) unlawful actions on the part of the landlord.
Patron - Reese
P
HB2446
Condominium and Property Owners' Associations Acts; charges for disclosure packets. Provides that no unit owners' association or property owners' association shall require reimbursement of any costs or charge any other fee in the preparation or issuance of disclosure packets or making such information available by electronic means except as expressly provided in law. The bill contains technical amendments.
Patron - Suit
P
HB2447
Virginia Residential Landlord and Tenant Act; drug activities by tenants; forfeiture. Clarifies that any illegal drug activity involving a controlled substance, as used or defined by the Drug Control Act (§ 54-3400 et seq.), by the tenant, his authorized occupants, guests or invitees, shall constitute an immediate irremediable violation for which the landlord may proceed to terminate the tenancy without the necessity of waiting for a conviction of any criminal offense that may arise out of the same actions. The bill provides that, to obtain an order of possession from a court of competent jurisdiction terminating the tenancy for illegal drug activity or for any other action that involves or constitutes a criminal or willful act, the landlord shall prove any such violations by a preponderance of the evidence. The bill also provides that the landlord's property is not forfeited in cases where the conduct giving rise to forfeiture was committed by a tenant of a residential or commercial property owned by the landlord, and the landlord did not know or have reason to know of the tenant's conduct. However, where the illegal drug activity is engaged in by a tenant's authorized occupants, or guests or invitees, the tenant shall be presumed to have knowledge of such illegal drug activity unless the presumption is rebutted by a preponderance of the evidence.
Patron - Suit
P
HB2448
Landlord and tenant law; access after entry of certain court orders. Provides that a tenant who has obtained an order from a court of competent jurisdiction pursuant to § 16.1-279.1 or subsection B of § 20-103 granting such tenant possession of the premises to the exclusion of one or more co-tenants or authorized occupants may provide the landlord with a copy of that court order and request that the landlord either (i) install a new lock or other security devices on the exterior doors of the dwelling unit at the landlord's actual cost or (ii) permit the tenant to do so, provided: installation of the new lock or security devices does no permanent damage to any part of the dwelling unit and a duplicate copy of all keys and instructions of how to operate all devices are given to the landlord. The bill further provides that upon termination of the tenancy, the tenant shall be responsible for payment to the landlord of the reasonable costs incurred for the removal of all such devices installed and repairs to all damaged areas. A landlord who has received a copy of a court order in accordance with subsection A is prohibited from providing copies of any keys to the dwelling unit to any person excluded from the premises by such order. The bill provides that it shall not apply when the court order excluding a person was issued ex parte. The bill amends the general law governing landlords and tenants as well as the Virginia Residential Landlord and Tenant Act. The goal of the bill is to protect victims of domestic abuse. This bill is identical to SB 858.
Patron - Suit
P
HB2449
Termination of tenancy; manufactured home park. Changes the required notice of termination of tenancy in a manufactured home park for certain rental agreements from 120 days to 180 days.
Patron - Suit
P
HB2642
State Treasurer; unclaimed property; recovery of costs. Authorizes the State Treasurer, where a payment for a claim for property held by the Treasurer is allowed, to deduct from that payment the costs for notices, sales, and other related incurred expenses.
Patron - Hurt
P
HB2803
Status of property loaned to or deposited with museum prior to July 1, 2002. Provides that, except as otherwise provided in a written agreement between a lender and a museum, property loaned to or deposited with a museum prior to July 1, 2002, may be discarded or transferred to another museum located in Virginia provided that (i) the notice provisions of §§ 55-210.35 and 55-210.36 have been complied with and (ii) such property is held by the museum receiving the transfer for at least three years before it sells or disposes of such property.
Patron - Athey
P
HB2820
Virginia Real Estate Cooperative Act; reserves for capital components. Requires the board in a real estate cooperative to conduct a reserve study and make provision for a reserve account for capital components. The bill requires that disclosure of the reserve fund be made in the public offering and statement as well as the resale certificate. The bill defines capital components. Requirements for reserves are currently only found in the Condominium and Property Owners' Associations Acts. The bill also contains technical amendments.
Patron - Alexander
P
SB858
Landlord and tenant law; access after entry of certain court orders. Provides that a tenant who has obtained an order from a court of competent jurisdiction pursuant to § 16.1-279.1 or subsection B of § 20-103 granting such tenant possession of the premises to the exclusion of one or more co-tenants or authorized occupants may provide the landlord with a copy of that court order and request that the landlord either (i) install a new lock or other security devices on the exterior doors of the dwelling unit at the landlord's actual cost or (ii) permit the tenant to do so, provided: installation of the new lock or security devices does no permanent damage to any part of the dwelling unit and a duplicate copy of all keys and instructions of how to operate all devices are given to the landlord. The bill further provides that upon termination of the tenancy, the tenant shall be responsible for payment to the landlord of the reasonable costs incurred for the removal of all such devices installed and repairs to all damaged areas. A landlord who has received a copy of a court order in accordance with subsection A is prohibited from providing copies of any keys to the dwelling unit to any person excluded from the premises by such order. The bill provides that it shall not apply when the court order excluding a person was issued ex parte. The bill amends the general law governing landlords and tenants as well as the Virginia Residential Landlord and Tenant Act. The goal of the bill is to protect victims of domestic abuse. This bill is identical to HB 2448.
Patron - Howell
P
SB891
Uniform Trust Code. Sets out the Uniform Trust Code, which was finalized by the National Conference of Commissioners on Uniform State Laws in 2000 and is the first national codification of the law of trusts. Much of the Code is a codification of the common law of trusts and consists of default rules that govern where the trust instrument is silent. Special rules on revocable trusts and features encourage non-judicial resolution of administrative matters. Existing Virginia statutes are modified to accommodate the Trust Code, and some uniform provisions are modified to retain current Virginia statutory treatment. The bill is effective July 1, 2006.
Patron - Mims
P
SB906
Property Owners' Association Act; application to development established under the Subdivided Land Sales Act. Clarifies that developments established prior to the enactment of the Subdivided Land Sales Act may specifically provide for the applicability of the provisions of the Property Owners' Association Act.
Patron - Norment
P
SB968
Virginia Residential Landlord and Tenant Act; early termination of rental agreement by military personnel. Prohibits a landlord from charging any liquidated damages for early termination of a rental agreement if the tenant is a member of the armed forces of the United States or the National Guard. This bill makes technical corrections and has an emergency clause.
Patron - O'Brien
P
SB992
Real Property Electronic Recording Act. Establishes the Real Property Recording Act, which authorizes circuit court clerks to accept and record land records electronically. All provisions associated with the Act must be reenacted by the General Assembly except for a requirement that the Virginia Information Technology Agency develop standards for electronic recording of land records. A new article in Title 17 restores authority, which had expired July 1, 2004, for court clerks to electronically file other court documents, including instruments and judgments.
Patron - Devolites Davis
P
SB1005
Mortgage satisfaction. Imports into the Virginia Code provisions of the Uniform Residential Mortgage Satisfaction Act relating to definitions, notifications, rescinding erroneously recorded certificates of satisfaction, requirements on secured creditors, and the form and effect of satisfaction. Current Code provisions relating to payoff statements, mortgage satisfaction via settlement agents and court proceedings, and penalties for errors or omissions in satisfaction procedures are retained. The bill will not become effective unless reenacted by the General Assembly, except for one section which is scheduled to be become effective July 1, 2005, which requires the Virginia Information Technology Agency to develop standards to implement electronic recording of real property documents.
Patron - Devolites Davis
P
SB1161
Virginia Residential Property Disclosure Act; required disclosures for property adjacent to a military air station. Requires the owner of residential real property in a locality in which a military air station is located to disclose to a purchaser that the property is located in a noise zone or an accident potential zone, or both. Under the bill, the purchaser's remedies for nondisclosure or inaccurate disclosure include termination of the contract of sale or actual damages.
Patron - Stolle
P
SB1162
Virginia Residential
Landlord and Tenant Act; required disclosures for properties located adjacent
to a military air station. Requires the landlord of property
in a locality in which a military air station is located to provide prospective
tenants with a written disclosure that the property is located in a noise
zone or accident potential zone as designated by the locality's official
zoning map. Under the bill, termination of the lease agreement is the
exclusive remedy for the failure to comply with the disclosure provisions.
Patron - Stolle
P
SB1200
Virginia Condominium Act and the Virginia Property Owners' Association Act; meetings. Provides that notice of the time, date, and place shall be sent to any unit owner requesting notice (i) by first-class mail or e-mail in the case of meetings of the executive organ or (ii) by e-mail in the case of meetings of any subcommittee or other committee of the executive organ, or of a subcommittee or other committee of the unit owners' association. The bill also authorizes an executive organ or board of directors to require notice to be provided when a meeting is being recorded.
Patron - Whipple
Failed
F
HB2180
Solar energy devices; covenants prohibited. Prohibits imposition of covenants that unreasonably limit the installation of solar energy devices on single-family residences. Properties designated as historic by state, local, or federal government are exempted from the prohibition.
Patron - Tata
F
HB2263
Condominium and Property Owners' Association Act; increase in regular assessments; notice. Requires a condominium or property owners' association to give notice to the owners in the association of an increase in a regular assessment and provides a mechanism for the owners to reduce or rescind the increase. Currently, notice and the opportunity to reduce or rescind is required only for special assessments.
Patron - Bell
F
HB2370
Deed of trust; utility easement. Provides that, with regard to single-family residential property, the signing of a deed of easement by the grantor to a local governing body for purposes of public utilities shall not be deemed a breach.
Patron - Bryant
F
HB2458
Condominium and Property Owners' Associations Acts; access to association records. Provides that members of a condominium or property owners' association have the right to inspect records of official salary or rate of pay of association employees. Currently, only aggregate salary information is open to inspection.
Patron - Ware, R.L.
F
HB2604
Limitations on possibilities of reverter and rights of re-entry. Provides that a possibility of reverter or a right of re-entry is extinguished if the specified contingency does not occur within 30 years after such possibility or right was created. Any person owning such possibility or right may record an initial or renewal notice of intention to preserve such interest for a subsequent 30-year period.
Patron - Landes
F
HB2682
Property Owners' Association Act; erection of radio antennas. Provides that no declaration or association's rules and regulations or architectural guidelines shall restrict or prohibit the erection by a lot owner on his lot of a radio antenna where the lot owner is a volunteer amateur radio operator participating in the Citizens Corps coordinated by the federal Department of Homeland Security. The bill provides, however, that an association may restrict the erection of such antenna (i) in the common areas or (ii) in accordance with federal or state law, and may establish reasonable restrictions as to the size, place, and manner of placement of the antenna. The bill also requires the association disclosure packet to contain a statement of any restrictions on the size, place, and manner of placement of such antenna. The bill contains technical amendments.
Patron - Lingamfelter
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