To all Community Association Owners and Members,
The report below gives you an idea of the subject matter of legislation being introduced in the Virginia Assembly for consideration this session. A great deal of this Common Interest Community (CIC) legislation each year is something promoted by the Virginia Association of Realtors. They are a well funded political action group and therefore have a lot of influence in the process. Legislators also propose legislation in response to constituents who contact them, often as a result of complaints about their association Board of Directors. I thought you might want to know what this legislation is and what is being done about it on your behalf by the volunteers from our industry.
Fortunately Community Associations Institute (CAI) has Legislative Action Committees (LAC) for each state, and at the federal level, to monitor the legislation and try to work with the legislators and interested parties on both sides to address concerns. Legislators do not always seek input from the “other side” of the story, so it is up to the volunteers to initiate that discussion.
For instance, the Virginia LAC is comprised of volunteer association lawyers and managers who serve clients in Virginia. They review and analyze proposed legislation and suggest legislation needed. This of course requires the ability to meet face to face with legislators who are willing to be educated about the CIC industry before making decisions. Therefore the LAC-VA has hired professional lobbyists to open doors to the LAC members and maintains the contact throughout the year.
The costs of the lobbyists and other administrative costs are covered by donations individuals and associations make to the LAC. The volunteer lawyers, managers and volunteer leaders are not paid. You might be surprised to learn that many of the donations come from your service providers such as landscape companies, trash companies, cleaning companies, etc. in addition to funds from managers and lawyers.
In addition to the face to face meetings, we have to compete with the large lobby groups, such as the Realtors, for legislators’ attention. These powerful groups have their own Political Action Committees (PAC) that donate to the campaigns of those legislators friendly to their cause. The LAC-VA finally was able to establish their own PAC, called the CAI PAC-VA this past fall just in time for the 2015 elections. Thanks to the volunteers on the PAC-VA we were able to raise enough funds to make important donations.
Since most associations’ governing documents do not allow them to donate to political campaigns, the donations on your behalf must come from individuals and service providers that want to help their client associations. You can ask your service providers if they donated to the PAC-VA in 2015. We are now starting our fundraising for 2016!
We will keep you up to date on the progress in Richmond over this session.
Chair CAI PAC-VA
Please note: our Domain Name and E-mail addresses have changed!
Betsy Johns, CFO/Partner PCAM/CMCA
National Realty Partners LLC AAMC
365 Herndon Parkway Suite 106
Herndon VA 20170
Tel. 703-435-3800 Fax 703-689-0949
Office Hours: M-Th 8:30-5:30, F 8:30-1 pm
From: CAI Government Affairs [mailto:Government@caionline.org]
Sent: Thursday, January 21, 2016 3:01 PM
To: Betsy Johns
Subject: CAI Virginia Legislative Update – January 2016
|CAI GOVERNMENT AFFAIRS
Dear Ms. Johns,
The Virginia General Assembly opened the 2016 Session on January 13, 2016. The Virginia Legislative Action Committee (VALAC) is hard at work, reviewing proposed legislation, determining its impact on our communities, and deciding whether we support or oppose the legislation.
The following are a few of the bills that we are working on, click here for the full tracking report.
HB 684 introduced by Delegate Chris Peace makes changes to the rental and resale provisions of the Condominium Act and the Property Owners Association Act requested by the Virginia Association of Realtors. We are working closely with Virginia Association of Realtors (VAR) and the Virginia Association of Community Managers (VACM) to address concerns we have with the bill.
SB 76 introduced by Senator Wexton addresses access to communities when a process service wants to serve an owner or resident in the community and prohibits the community association from denying access to the community. We are working with Senator Wexton on some changes to the proposed legislation to address concerns about security and identification of the process server.
SB 238 introduced by Senator Petersen makes changes to the home-based business legislation originally introduced in 2013. The original legislation permits home-based businesses unless they are prohibited or controlled by recorded covenants pertaining to the community. This bill deletes the ability of communities to prohibit or control home-based businesses by recorded covenants, effectively, disregarding any covenant on home based businesses entirely. We are very concerned about this legislation as it affects every owners “contract” with their community. We are working on this issue.
We are also analyzing the following additional bills that were introduced last week, click here for the full tracking report.
SB 389 introduced by Senator Surovell addresses localities issuing building permits and licenses. The bill prohibits a locality from requiring the consent of, or notice to a community association prior to the issuance of a building permit or license.
HB 1034 introduced by Delegate Sickles requires community associations to provide the commissioner of revenue with a list of owners in the community and vehicle information for the owners, if requested by the commissioner of revenue
HB 946 introduced by Delegate Keam makes changes to the towing statute. It provides that a tow truck operator may not tow a vehicle unless it has the written authorization or presence of the owner of the property. This authorization is in addition to any written contract between the two truck driver and the owner of the property.
HB 812 introduced by Delegate Peace addresses short term leasing. It is named the Limited Residential Lodging Act. It preempts state and local law that prohibits owners from leasing their homes for period of less than 30 consecutive days. It also creates a mechanism for tax to be collected on such rental agreements.
As you review the legislation and see issues that you want VALAC to consider, please do not hesitate to get in touch with me or any of our committee members. For more information on VALAC click here.
Thank you for your continued support!
Susan Tarley, Chair
|Community Associations Institute
6402 Arlington Blvd. Suite 500
Falls Church, VA 22042