2023 Virginia Legislative Changes Affecting Community Associations

The General Assembly had a busy session that involved consideration of proposals for new laws that would affect community associations.  The Virginia Legislative Action Committee monitored dozens of bills.  In addition to supporting some legislation, many of the LAC’s efforts are expended in opposing bills that ultimately do not become law or suggesting modifications to proposed legislation.  The LAC’s lobbying team provides subject-matter expertise to legislators in community association policy and insight into how proposed legislation would affect associations and other stakeholders. 

Here are some highlights of laws passed this year that could impact associations:

-        HB1519- This new law provides that if a condominium or property owners’ association has an agreement with a management company that has an automatic renewal provision, then either the manager or the association can terminate the agreement at any time with or without cause upon at least 60 days’ written notice.  (Adds Va. Code §§ 55.1-1837 and 55.1-1940.1). 


-        HB1627/SB1042- This new law provides that the the Common Interest Community Ombudsman has the option of (1) referring final adverse decisions to the Common Interest Community Board (CICB) or (2) making their own determination as to whether the decision conflicts with law.  If there is a conflict, the Ombudsman is required to notify the relevant governing board and, if applicable, the association manager of the problem.  If there is a subsequent notice of final adverse decision filed for the same violation, then the Ombudsman refers that matter to the Board.  Similarly, it also provides that if an association commits the same violation twice in a year, then the Director of DPOR shall refer the repeat violation to the CICB which can impose appropriate remedies pursuant to its authority.  (Amends Va. Code §§ 54.1-2354.3 and 54.1-2354.4)


-        HB2041/SB807- This new law provides that an owner of property provided by easement for recreational use in a qualifying local park shall not be liable for injury to person or property arising from the condition of property, in the absence of gross negligence or willful misconduct.  This change protects associations who allow localities to use their property for parks via easement.  (Amends Va. Code §§ 54.1-2354.3 and 54.1-2354.4)


-        HB2235/ SB 1222- This new law repeals the existing disclosure requirements and authorized fees for association disclosure packets for condominiums and POAs and sets out new ones.  Of note, the disclosure packet must include certain draft minutes from the most recent full membership meetings, but not draft minutes of the most recent board meetings.  (Adds Chapter 23.1 to Title 55.1 of the Code of Virginia and affects numerous other statutes in Titles 54.1 and 55.1 of the Code of Virginia).


-        SB1091-Provides that a local Stormwater Management Fund may provide grants to joint flooding mitigation projects of condominium owners.  (Amends Va. Code § 15.2-2114.01) 


-        HB1725- This law provides that if a person uses fraudulent supporting documentation of a disability or disability-related need for an assistance animal in an application for one, then that person could be held liable under the Virginia Consumer Protection Act. (Amends Va. Code §§ 36-96.3:1 and 59.1-200).


-        HB2184- This new law establishes a process whereby a settlement agent may have a judgment lien released when the lien creditor does not respond to a written request to pay off the amount owed. (Adds Chapter 31 to Title 55.1 of the Code of Virginia)

As shown above, there are several significant changes in the law that will affect associations and other stakeholders after they become effective on July 1.    Associations, managers, and business partners should pay close attention to these new rules of the road for community associations.


W. Thomas Chappell, Esq.

Jeanne S. Lauer, Esq.

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