Virginia HB 621: Property Owners' Association Act; disclosure requirements, declarant control.

Bill Text

2026 SESSION

INTRODUCED

26104487D

HOUSE BILL NO. 621

Offered January 14, 2026

Prefiled January 13, 2026

A BILL to amend and reenact §§ 55.1-1804 and 55.1-2310 of the Code of Virginia, relating to Property Owners' Association Act; disclosure requirements; declarant control.

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Patron—Bloxom

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Referred to Committee on General Laws

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Be it enacted by the General Assembly of Virginia:

1. That §§ 55.1-1804 and 55.1-2310 of the Code of Virginia are amended and reenacted as follows:

§ 55.1-1804. Documents to be provided by declarant upon transfer of control.

A. Unless previously provided to the board of directors of the association, once the majority of the members of the board of directors other than the declarant are owners of improved lots in the association and the declarant no longer holds a majority of the votes in the association, the declarant shall provide to the board of directors or its designated agent the following: (i) all association books and records held by or controlled by the declarant, including minute books and rules and regulations and all amendments to such rules and regulations that may have been promulgated; (ii) a statement of receipts and expenditures from the date of the recording of the association documents to the end of the regular accounting period immediately succeeding the first election of the board of directors by the lot owners, not to exceed 60 days after the date of the election, such statement being prepared in an accurate and complete manner, utilizing the accrual method of accounting; (iii) the number of lots subject to the declaration; (iv) the number of lots that may be subject to the declaration upon completion of development; (v) a copy of the latest available approved plans and specifications for all improvements in the project or as-built plans if available; (vi) all association insurance policies that are currently in force; (vii) written unexpired warranties of the contractors, subcontractors, suppliers, and manufacturers, if any, relative to all common area improvements, including stormwater facilities; (viii) any contracts in which the association is a contracting party; (ix) a list of manufacturers of paints, roofing materials, and other similar materials if specified for use on the association property; (x) the number of members of the board of directors and number of such directors appointed by the declarant together with names and contact information of members of the board of directors; and (xi) an inventory and description of stormwater facilities located on the common area or which otherwise serve the development and for which the association has, or subsequently may have, maintenance, repair, or replacement responsibility, together with the requirements for maintenance thereof.

B. The requirement for delivery of stormwater facility information required by clause (xi) of subsection A shall be deemed satisfied by delivery to the association of a final site plan or final construction drawings showing stormwater facilities as approved by a local government jurisdiction and applicable recorded easements or agreements, if any, containing requirements for the maintenance, repair, or replacement of the stormwater facilities.

C. If the association is managed by a common interest community manager in which the declarant, or its principals, has no pecuniary interest or management role, then such common interest community manager shall have the responsibility to provide the documents and information required by clauses (i), (ii), (vi), and (viii) of subsection A.

D. If the declarant has any unexpired right to control the conduct of association business, including the declarant's reserved right to appoint members of the board of directors, the declarant shall disclose such right and the status of declarant control in any contract for the sale of any lot other than for development or resale.

§ 55.1-2310. Resale certificate; form and contents.

A. The association shall include the a completed resale certificate form, developed by the Common Interest Community Board pursuant to subdivision 3 of § 54.1-2350, with supporting documentation set out in the following order:

1. The name, address, and phone numbers of the preparer of the resale certificate and any managing agent of the association;

2. A copy of the governing documents and any rules and regulations of the association;

3. A statement disclosing any restraint on the alienability of the unit for which the resale certificate is being issued;

4. A statement of the amount and payment schedules of assessments and any unpaid assessments currently due and payable to the association;

5. A statement of any other fees due and payable by an owner of the unit;

6. A statement of any other entity or facility to which the owner of the unit being sold may be liable for assessments, fees, or other charges due to the ownership of the unit;

7. A statement of the amount and payment schedule of any