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Virginia Bill Regarding Power of Homeowners' Associations to Assess Fines Not Set Out in Declaration

According to the Washington Post, the General Assembly is advancing a hotly-debated bill that would allow for Virginia homeowners' associations to levy fines for rule violations on the part of homeowners, even if no schedule of fines is set forth in an association's declaration. Under the bill, unless a homeowners' association's declaration specifically prohibits fines, the association will be able to assess fines against residents for rule violations at a rate of $50.00 or at $10.00 per day for ninety days for continuing violations. If the bill becomes law, it could significantly empower homeowners' associations in Virginia, especially those older associations that may not have declarations allowing for fines.  

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1. Steven Wiley | February 25, 2014 at 03:16 PM EST

According to Virginia Lawyers Weekly (subscription), the HOA bill has potentially stalled in the Senate: http://valawyersweekly.com/2014/02/25/hoa-reform-measure-delayed/

2. Steven Wiley | March 21, 2014 at 05:13 PM EDT

In a victory for homeowners in developments governed by homeowners' associations, according to Virginia Lawyers' Weekly (subscription likely required), it appears that a bipartisan backlash has resulted in the death of the proposal to allow Virginia homeowners' associations to levy fines where not expressly allowed for in their declarations. The article may be found here:

http://valawyersweekly.com/2014/03/20/assembly-drops-plan-to-boost-hoa-powers/

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