HB 1450 – Virginia Residential Property Disclosure Act; Representations related to special flood hazard area
Introduced by Del. Jackson Miller
Status: Rolled into HB 1642
Landowners and local governments sometimes enter into maintenance agreements that require the property owner to maintain a storm water facility on the property. When the property switches hands, this costly agreement is not always disclosed to the new owner. In order to prevent this, we propose amending the Virginia Residential Property Disclosure form to include the existence of a storm water maintenance agreement.
HB 1452 – Landlord and tenant law; who may recover rent and possession
Introduced by Del. Jackson Miller
Status: Passed House (98-0); Passed Senate (38-0)
Because “family trusts” are not specifically mentioned in the Virginia Residential Landlord and Tenant Act (VRLTA), several judges have deemed property managers working on behalf of a trust ineligible to appear in court. As a result, the property owner must appear in person or hire an attorney. To ensure that property managers can represent their clients in court, we propose adding “family trusts” to the VRLTA.
HB 1965 – Department of Professional an Occupational Regulation; Real Estate Transaction Recovery Fund
Introduced by Del. Tom Rust
Status: Passed House (99-0); Passed Senate (38-0)
When a licensee is found guilty of a Real Estate Board regulation violation and the consumer is owed money, the consumer has to petition the general district court for a judgment. This judgment must contain very specific language in order to grant authority for the Real Estate Board to award funds. To remedy this, we propose amending the Code to allow judges to award a general judgment, which is already allowed under the Board of Contractors.
HB 2100 – Condominium and Property Owners’ Association Acts; allowable charges, rental units
Introduced by Del. Chris Peace
Status: Passed House (100-0); Passed Senate (38-0)
Homeowners and REALTORS® often come into conflict with POA’s and COA’s when it comes to private property rights, fees, and a number of other issues. This bill provides that an association may not limit or prohibit an owner from renting his unit and may not charge fees in excess of $50 as a condition to approve the rental. It also mandates that the disclosure packet be provided electronically if so requested and prohibits the preparer from causing the link to expire within the subsequent 90-day period.
SB 775 – Virginia Residential Property Disclosure Act; related to special flood hazard zones
Introduced by Sen. Mamie Locke
Status: Passed Senate (40-0); Passed House (99-0)
HB 1642 – Virginia Residential Property Disclosure Act; representations related to special flood hazard zones
Introduced by Del. Chris Stolle
Status: Passed House (98-0); Passed Senate with substitute (38-0)
Currently, a lender performs a flood certification on every property as part of the process of underwriting the loan; however, because this test is performed by the lender, the buyer may not be made aware that the property sits in a FEMA-determined flood zone. Therefore, we propose adding language to the Virginia Residential Property Disclosure form recommending the purchaser obtain a flood certification report on the property.
HB 1424 – Virginia Water and Waste Authorities Act; delinquent payment
Introduced by Del. Danny Marshall
Status: Passed House (100-0); Passed Senate (38-0)
Several years ago, a bill that prohibits a water authority from placing a lien or otherwise requiring a landlord or property owner to pay delinquent waters bills from a tenant was signed into law. Unfortunately, a section of the code was missed. To fix this oversight, we recommend amending all sections in the Code that require landlords or property owners to pay delinquent water fees from tenants.
SB 1100 – Enticing, etc., real estate licensee with intent to commit certain felonies; penalty
Introduced by Sen. Mark Obenshain
Status: Failed to report in Finance Subcommittee
HB 1493 – Enticing, etc., real estate licensee with intent to commit certain felonies; penalty
Introduced by Del. Jackson Miller
Status: Passed House (100-0); Passed Senate (38-0)
Recently, there have been several high profile cases of REALTORS® being lured into vacant houses and assaulted, raped, and/or murdered. In each instance, a potential “client” contacted the licensee and asked to see a property. We are pursuing legislation to ensure that authorities have adequate tools to prosecute individuals who intentionally target licensees to cause harm.