General Assembly>Division of Legislative Services>Publications>Session Summaries>2007>Property and Conveyances


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Property and Conveyances

Passed

P HB 1816

Virginia Residential Landlord and Tenant Act; early termination of leases by military personnel. Removes the provision that final rent, in the event of early termination of the rental agreement by military personnel, is to be prorated to the date of termination and payable at such time as would have otherwise been required by the terms of the rental agreement. The bill conforms the Virginia Residential Landlord and Tenant Act to federal law on this issue.
Patron - Suit

P HB 1836

Condominium and Property Owners' Association Acts; display of flags. Provides that no condominium instrument or declaration shall restrict or prohibit the display by a unit or lot owner of the flag of the United States or the flag of the Commonwealth of Virginia. The bill provides, however, that an association may restrict the display of such flag in the common areas and may establish reasonable restrictions as to the time, size, place, duration, and manner of placement or display. The bill also requires the public offering statement, resale certificate, or association disclosure packet to contain a statement of any restrictions on time, size, place, duration, and manner of placement or display of the flags. The bill is identical to SB 969.
Patron - Amundson

P HB 1838

Uniform Trust Code; trustee's duty to beneficiary. Provides that if a trustee has a good faith belief that furnishing information to a beneficiary would be unreasonable under the circumstances or contrary to the purposes of the settlor he shall not be subject to removal or other sanctions.
Patron - Fralin

P HB 1850

Condominium Act; escrow of deposits; posting of surety. Authorizes the filing of a surety bond or letter of credit by the declarant of a condominium project with more than 50 units with the Real Estate Board in lieu of escrowing deposits. The amount of surety bonds or letters of credit is set forth in the bill.
Patron - Saxman

P HB 1851

Property conveyance; certain real property to Caroline County for the use of the Rappahannock Area Community Services Board. Authorizes the Governor to convey certain real property to Caroline County, for the assessed value as determined by the Caroline County Commissioner of the Revenue, for the use of the Rappahannock Area Community Services Board. The bill provides that such conveyance shall be made in a form approved by the Attorney General and that the appropriate officials of the Commonwealth are authorized to prepare, execute, and deliver such deed and other documents as may be necessary to accomplish the conveyance.
Patron - Wittman

P HB 2015

Condominium Act; commercial condominiums; escrow of deposits. Eliminates the requirement for escrowing deposits in the context of disposition of a unit in a commercial condominium.
Patron - Suit

P HB 2016

Condominium and Property Owners' Association Acts; insurance; deposit of funds; charges for and delivery of resale certificates/disclosure packets. Requires any managing agent of a condominium and property owners' association to keep funds deposited with the managing agent in fiduciary trust accounts in a federally insured financial institution, and to keep such funds segregated from other assets of the managing agent. The bill also requires condominium associations to obtain a blanket fidelity bond or employee dishonesty insurance policy in a minimum amount of $10,000. The bill allows condominium and property owners' associations to collect a fee for preparation of a resale certificate or disclosure packet, respectively, if the fee is established in the contract between the association and its managing agent and the fee is disclosed on the website of either the association or the managing agent. The bill requires the prompt payment of the above fee to the managing agent who furnishes the resale certificate/disclosure packet. The bill allows either type of association to deliver the resale certificate/disclosure packet by electronic means unless the purchaser or seller requests a paper copy. Currently, delivery by electronic means can only be done with the consent of the seller or purchaser. This bill contains technical amendments and is identical to SB 844.
Patron - Suit

P HB 2017

Virginia Real Estate Time-Share Act; assumption of the risk. Provides for limited liability of a developer, time-share association, or managing agent for injuries to persons using the time-share facilities if the developer, time-share association, or managing agent posts notice of such limited liability. The bill also provides that the homestead exemption cannot be claimed against the debt or lien of the association. The bill allows for the use of email in certain circumstances and adds several new definitions relating to the limitation of liability described above.
Patron - Suit

P HB 2147

Virginia Residential Landlord and Tenant Act; noncompliance with rental agreement. Provides that the failure of the court to hold a hearing in cases where there is a breach of the tenant's obligations under the Virginia Residential Landlord and Tenant Act or the rental agreement, which involves or constitutes a criminal or a willful act that is not remediable and poses a threat to health or safety, shall not be a basis for dismissal of the case.
Patron - Albo

P HB 2188

Landlord termination of lease for rehabilitation; update of interest on security deposit. Allows a landlord to terminate a lease upon 120 days' notice to tenant for substantial rehabilitation of a building with four or more rental units, regardless of the terms of the lease. The bill also (i) provides that a landlord is liable only for the tenant's actual damages proximately caused by the landlord's failure to exercise ordinary care in maintaining a habitable premises, (ii) authorizes landlords to receive on security deposits an annual interest rate equal to four percentage points below the Federal Reserve Board, rather than the current one percent., (iii) codifies current practice that a landlord may charge a $50 processing fee for a bad check tendered for rent, and (iv) updates the 2007 interest rate on security deposits.
Patron - Oder

P HB 2251

Uniform Trust Code; charitable trusts; public notice. Provides that notice by publication shall be given to the general public when there is a court proceeding to modify or terminate a charitable trust or to sell its real estate, in order to give members of the public the opportunity to share their views with the Attorney General. A court shall make a finding that the required notice has been given before conducting any trial or hearing.
Patron - Waddell

P HB 2395

Uniform Trust Code; deeding property. Provides that deeds or other instruments that purport to convey or transfer real or personal property to a trust instead of to the trustee shall be deemed to have conveyed or transferred the property to the trustee as fully as if the property was conveyed or transferred directly to the trustee.
Patron - Armstrong

P HB 2727

Condominium Act; conversion condominiums; rights of elderly and persons with disabilities. Allows any tenant who is disabled or elderly to assign the exclusive right to purchase his unit to a government agency, housing authority, or certified nonprofit housing corporation, which shall then offer the tenant a lease at an affordable rent, in the case of a conversion condominium. The bill provides that the acquisition of such units by the governmental agency, housing authority, or certified nonprofit housing corporation shall not (i) exceed the greater of one unit or five percent of the total number of units in the condominium or (ii) impede the condominium conversion process. The bill defines affordable rent and certified nonprofit housing corporation. The bill is identical to SB 968.
Patron - Englin

P HB 2765

Slayer statute; construction. Provides that, in the event that federal preemption causes a person to, not for value, receive a benefit to which he is not entitled under Virginia's slayer statute, the improper beneficiary shall bestow the benefit, either the item itself or its value, on the proper beneficiary.
Patron - Hurt

P HB 2829

Doctrine of worthier title abolished. Abolishes the doctrine of worthier title as a rule of law and as a rule of construction.
Patron - Iaquinto

P HB 2832

Spendthrift trust; related duties. The changes to § 55-541.05 make the statute more consistent with other related code sections and the common law rule imposing on trustees the duty to act in good faith in accordance with the terms of the trust and the interests of the beneficiaries. Changes to §§ 55-545.01, 55-545.03 and 55-545.06 make it clear that an exception creditor cannot reach a beneficiary's interest even if the instrument contains a spendthrift provision, allow the court to limit an exception creditor's access to a beneficiary's benefits, and define mandatory distribution, respectively.
Patron - Waddell

P HB 2836

Validity of trust. Corrects the numbering scheme of the statute to conform to the uniform trust law.
Patron - Peace

P HB 2861

Condominium and Property Owners' Association Acts; amendment of documents; notice of meetings. Authorizes notice of association meetings to be sent either by United States mail to all unit owners of record at the address of their respective units or to such other addresses as any of them may have designated to such officer or his agent, in addition to the option of hand delivery of such notices. The bill contains technical amendments fixing nomenclature specific to the Condominium Act.
Patron - Moran

P HB 3181

City of Richmond escheat verdict. Authorizes the Governor to disclaim any interest right or title to certain parcels of property located in the City of Richmond that had been the subject of an escheat proceeding dated December 29, 1989. The verdict of jury resulting from such escheat proceeding was properly filed among the land records of the circuit court although seemingly unrecognized by the former landowners, the City of Richmond, and subsequent purchasers. The bill does not prevent a suit to quiet title or any other judicial remedy available, which a party may pursue on any individual lot or parcel covered by the bill. An instrument of disclaimer, the form of which will be developed by the Attorney General, will be filed among the land records of the City of Richmond.
Patron - McClellan

P SB 844

Condominium and Property Owners' Association Acts; insurance; deposit of funds; charges for and delivery of resale certificates/disclosure packets. Requires any managing agent of a condominium and property owners' association to keep funds deposited with the managing agent in fiduciary trust accounts in a federally insured financial institution, and to keep such funds segregated from other assets of the managing agent. The bill also requires condominium associations to obtain a blanket fidelity bond or employee dishonesty insurance policy in a minimum amount of $10,000. The bill allows condominium and property owners' associations to collect a fee for preparation of a resale certificate or disclosure packet, respectively, if the fee is established in the contract between the association and its managing agent and the fee is disclosed on the website of either the association or the managing agent. The bill requires the prompt payment of the above fee to the managing agent who furnishes the resale certificate/disclosure packet. The bill allows either type of association to deliver the resale certificate/disclosure packet by electronic means unless the purchaser or seller requests a paper copy. Currently, delivery by electronic means can only be done with the consent of the seller or purchaser. The bill contains technical amendments. This bill is identical to SB 2016.
Patron - Devolites Davis

P SB 968

Virginia Condominium Act; conversion of condominium sales. Allows for a condominium conversion tenant who is disabled or elderly to assign his right to purchase to a government agency, housing authority, or certified tax exempt, nonprofit housing corporation. This bill is a recommendation of the Virginia Housing Commission.
Patron - Whipple

P SB 969

Condominium and Property Owners' Association Acts; display of flags. Provides that no condominium instrument or declaration shall restrict or prohibit the display by a unit or lot owner of the flag of the United States or the flag of the Commonwealth of Virginia. The bill provides, however, that an association may restrict the display of such flag in the common areas and may establish reasonable restrictions as to the time, size, place, duration, and manner of placement or display. The bill also requires the public offering statement, resale certificate, or association disclosure packet to contain a statement of any restrictions on time, size, place, duration, and manner of placement or display of the flags. The bill is identical to HB 1836.
Patron - Whipple

P SB 1083

Property conveyance; former Virginia State Police Area Office. Conveys the former Virginia State Area Office on State Route 83 near the area known as Vansant, Virginia to the County of Buchanan. The bill is identical to HB 2915.
Patron - Puckett

P SB 1114

Virginia Residential Property Disclosure Act; required disclosures. Requires an owner of residential property to also notify purchasers that there are no pending violations of any local zoning ordinances that the owner has not abated or remedied, within a time period set out in the written notice of violation or established by a court of competent jurisdiction.
Patron - Devolites Davis

P SB 1219

Lawful fence; definition. Amends the definition of a lawful fence for fences of barbed wire and fences of boards. The definition of a lawful fence is also expanded to include any fence that is at least 42 inches high, constructed from materials sold for fencing and appropriate for the confinement of livestock, and installed so that livestock cannot creep through the fence. The bill also grants the Board of Agriculture and Consumer Services the authority to adopt rules and regulations to provide greater specificity as to the requirements of lawful fencing.
Patron - Hanger

P SB 1384

Enjoyment of easement. States that unreasonable interference with the enjoyment of an easement includes placing objects immediately adjacent to the easement not reasonably consistent with the uses contemplated by the grant of the easement. Fences, electric fences, cattle guards, gates, or division fences adjacent to the easement shall not constitute an object under the statute.
Patron - Stosch

Failed

F HB 1732

Requirement to report and remit escheat funds to the State Treasurer; exemption. States that any account or property valued at $15 or less is exempt from being reported and remitted to the State Treasurer (administrator).
Patron - Purkey

F HB 1733

Property and conveyances; Landlord Tenant. Provides residential tenants leasing detached single family dwellings the right to display campaign signs on rental property. Covers signs that advocate support or defeat of referendum issues submitted to voters under Title 24.2 or election of a candidate or slate of candidates for public office.
Patron - Fralin

F HB 1771

Virginia Real Estate Time-Share Act; purchaser's right to surrender time-share. Sets forth the process by which an owner of a time-share may surrender ownership of his time-share.
Patron - Cosgrove

F HB 1871

Condominium and Property Owners' Association Acts; cancellation notices; methods of delivery. Provides for electronic or facsimile delivery of cancellation notices by purchasers under prescribed conditions. This bill was incorporated into HB 2016.
Patron - Suit

F HB 2494

Presumption of ownership as tenants by the entirety. States that any time a married couple acquires property, it creates a presumption that they acquired it as tenants by the entirety.
Patron - Albo

F HB 2581

Implied new home warranty. Provides that the limitations period for actions for breach of an implied warranty on a new home is tolled for six months upon sending notice of the breach to the vendor. The purpose of this bill is to conform the implied warranty provision for new homes with § 55-79.79 which covers condominiums and already contains the six-month tolling period.
Patron - Janis

F HB 2915

Property conveyance; former Virginia State Police Headquarters. Conveys the former Virginia State Police Headquarters on State Route 83 near the area known as Vansant, Virginia to the County of Buchanan.
Patron - Bowling

F HB 2976

Property; release of deed of trust. Increases from $500 to $1,000 the amount forfeited by the lien creditor if the lien creditor has not, within 90 days after receiving the payoff payment, either provided the certificate of satisfaction to the settlement agent or delivered it to the clerk's office with the necessary fee for filing.
Patron - Bell

F HB 3116

Private road easements; maintenance and improvements. States that any property owner, along a private road that acts as an easement to more than one property, may maintain, repair, or improve the road without the express permission of the other property owners.
Patron - May

F SB 804

Easements; landlocked parcels. Requires, beginning July 1, 2007, that no parceled land can be subdivided so as to have a landlocked parcel unless a permanent, 20-foot right of way is provided. Property landlocked prior to that date shall have an entrance and exit right-of-way of 20 feet if an existing utility right-of-way permits.
Patron - Ruff

F SB 849

Virginia Condominium Act; assessments and taxation. Provides that certain condominium units owned by the declarant shall be assessed and taxed against the declarant based solely upon the income derived from that unit.
Patron - Lambert

F SB 964

Property Owners' Association Act; display of political signs. Provides that, except as otherwise expressed in the declaration, no declaration or association's rules and regulations or architectural guidelines shall restrict or prohibit the display by a lot owner on his lot of a candidate sign or a sign that advertises the support or defeat of any question submitted to the voters in accordance with state election law. For the purposes of the bill, "candidate sign" means a sign on behalf of a candidate for public office or a slate of candidates for public office. The bill provides, however, that an association may restrict the display of such signs (i) in the common areas or (ii) in accordance with federal or state law, and may establish reasonable restrictions as to the size, place, duration, and manner of placement or display of such signs, except that no restriction on the duration of the display of such signs shall be less than (a) 30 days before the primary election, general election or vote on the proposition or (b) seven days after the primary election, general election, or vote on the proposition. The bill also requires the association disclosure packet to contain a statement of any restrictions on the size, place, duration, and manner of placement or display of such signs. The bill contains technical amendments. The bill also clarifies that the display of the flag of (i) the United States, (ii) the Commonwealth, (iii) any active branch of the armed forces of the United States, or (iv) any military valor or service award of the United States also includes display on mailboxes and similar structures.
Patron - Puller

F SB 1077

Board of Housing and Community Development; carbon monoxide detectors in certain rental dwelling units; report. Requires the installation of carbon monoxide detectors in college dormitories and assisted living facilities by July 1, 2010. The bill also requires the Board of Housing and Community Development to promulgate regulations to require the installation of carbon monoxide detectors in new college dormitories and assisted living facilities. In addition, the bill requires the Board and the Fire Services Board to jointly establish a working group to develop a public education program focusing on the dangers of carbon monoxide poisoning and preventive measures that may be taken.
Patron - Ruff

F SB 1409

Virginia Property Owners' Association; enforcement of rules; charges assessed for violations. Authorizes the board of directors of any association that has contracted with a private security services business that is licensed by the Department of Criminal Justice Services to enforce the traffic rules of the association to assess a charge not to exceed $250 per offense for the following traffic offenses: (i) exceeding the posted speed limit by 20 miles per hour or more, (ii) reckless driving, other than high speed, (iii) operating a motor vehicle without a valid operating permit, state registration, or valid state inspection, (iv) operating a motor vehicle on roads owned by the association after the privilege to operate a motor vehicle on such roads has been suspended, and (v) attempting to escape or elude security personnel after receiving a visible or audible signal to bring the motor vehicle to a stop. Under the bill, the charges that are assessed shall be treated as an assessment against the member's lot or lots.
Patron - Houck

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General Assembly>Division of Legislative Services>Publications>Session Summaries>2007>Property and Conveyances

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