TimB4 (Tennessee)
Posts: 21,061
Posts: 21,061
Posted:
All,
In a previous threads titled Subject: Virginia HOA law changes (maybe) and Subject: HOA Power grab in VA General Assembly, the issue was discussed if a new law imposed an unintended consequence of having to hold a hearing before imposing a late charge for assessment payments.
Today I attended a seminar about the new laws (here is the firmsnewsletter about the new VA laws) and asked that question. Per the attorney (who I found out was involved in developing the initial version), many people brought that question up and language used was interpreted to be applied only to violations of rules/regs to the common areas or violations of the Declaration other than failure to pay assessments.
I also discovered, as the discussion went this way, that imposing monetary damages for violations of CC&Rs, which we discussed in a thread titled VA Associations, Do you still have the authority to use monetary penalties for violations?, actually varies County by County within VA. This is due to the county courts different rulings. Per the discussion, it was plainly stated that if your Association is within Fairfax County that it is advised that you do not impose monetary penalties for covenant violations unless the CC&Rs (and only the CC&Rs) say you can. However, if your Association is within Loudoun County, those courts are ruling that you can impose monetary penalties (fines) as long as any of the governing documents (including resolutions) allow.
HB 791, as initially drafted, was to clarify this County by County issue and set policy State wide. However, the language used in the final version (that takes affect on July 1) keeps the issue ambiguous, thus preserving the County by County interpretation by the courts.
In a previous threads titled Subject: Virginia HOA law changes (maybe) and Subject: HOA Power grab in VA General Assembly, the issue was discussed if a new law imposed an unintended consequence of having to hold a hearing before imposing a late charge for assessment payments.
Today I attended a seminar about the new laws (here is the firmsnewsletter about the new VA laws) and asked that question. Per the attorney (who I found out was involved in developing the initial version), many people brought that question up and language used was interpreted to be applied only to violations of rules/regs to the common areas or violations of the Declaration other than failure to pay assessments.
I also discovered, as the discussion went this way, that imposing monetary damages for violations of CC&Rs, which we discussed in a thread titled VA Associations, Do you still have the authority to use monetary penalties for violations?, actually varies County by County within VA. This is due to the county courts different rulings. Per the discussion, it was plainly stated that if your Association is within Fairfax County that it is advised that you do not impose monetary penalties for covenant violations unless the CC&Rs (and only the CC&Rs) say you can. However, if your Association is within Loudoun County, those courts are ruling that you can impose monetary penalties (fines) as long as any of the governing documents (including resolutions) allow.
HB 791, as initially drafted, was to clarify this County by County issue and set policy State wide. However, the language used in the final version (that takes affect on July 1) keeps the issue ambiguous, thus preserving the County by County interpretation by the courts.