|
| Tuesday, December 02, 2008
|
|
|
|
|
|
|
|
|
|
|
| IHG Insurance (National Insurance Provider) |
| Providing Community Association Insurance for over 25 years: D&O Liability, Crime Products, Umbrella Coverage and Property Manager's Errors & Omissions Liability. |
|
| Reserve Fund Resources (National Reserve Planning Tools) |
| If you’re a BOD Member, Planner, or PM you’ll want our offerings. Many are FREE. Plus, there’s our “Essentials” book, and software to keep your funds healthy. Learn More… |
|
|
|
|
|
|
| You are not authorized to post a reply. |
|
|
| Author |
Messages |
|
JakeB
(Virginia)
Posts:3
 |
| 07/04/2008 1:49 PM |
|
Senator Jill Holtzman Vogel introduced emergency legislation (SB 6016) to amend the Virginia Property Owners Association Act at the Special Session in June.
It passed the Senate on Wednesday (6/25) and has been tabled in the House. This bill authorizes the courts to re-write the deed to your property, something that is unheard of in Virginia.
It is drafted for the particular purpose of changing the result of an active case in Frederick County since August 2007. It falsely alleges an emergency that doesn’t exist. These proposed changes are the result of an earlier draft written by lawyers at Reed Smith, counsel for a large developer that’s a defendant in the litigation. This last-minute, special interest legislation introduced by a legislator whose expertise, by her own admission, is in an unrelated legal specialty, will have dire and unanticipated impact on the Lake Holiday community, over 9100 community associations, and tens of thousands of property owners across the entire state of Virginia.
Vogel’s proposal:
· makes the most sweeping changes to the Act in its history;
· will overrule long-standing Virginia Supreme Court cases;
· will dramatically change fundamental Virginia law on the enforcement of restrictive covenants;
· will rewrite Virginia’s iteration of uniform acts in a way in which no other jurisdiction has to date; and
· undoes recent changes to the POA Act deliberated for nearly 2 years that have only recently been signed into law and have yet to become effective.
It is inappropriate for the legislature to contemplate, let alone approve, a bill whose sole purpose is to tip the outcome of active litigation.
Any change to an act with such far reaching impact as the POA Act should only be undertaken after careful deliberation and open public debate. Major changes to the POA Act should not be passed in haste in a special session on an important and unrelated topic when legislative rules have been suspended.
The bill has been put off for now, but Vogel plans to reume efforts to pass the bill in 2009.
|
|
|
|
|
BruceF1
(Connecticut)
Posts:588
|
| 07/04/2008 2:20 PM |
|
I don't know if I'd get too excited about this because Article I, Section 10 of the U. S. Constitution bars states from passing laws impairing the obligations of contracts. This provision was originally written into the U. S. Constitution because the colonies did exactly that by passing laws that relieved the debts of influential people.
If passed, it may end up in Federal Court. |
|
|
|
|
MaryN
(Virginia)
Posts:125
|
| 07/05/2008 5:35 AM |
|
SB 6016 is one of the worse pieces of legislation I have seen! I wrote to Vogel(last week) and got a reply. She has been made aware of the problems with the bill..thank God! She is working on it and will reintroduce in Jan...I hope not! Can't believe that she introduced it on an emergency basis. I also can't believe that it passed the VA Senate. I also wrote to my rep. Albert Pollard, who is aware of the dire consequences of the bill. If this bill is reintroduced we all need to be made aware and voice our opposition.
MaryN |
|
|
|
|
BruceF1
(Connecticut)
Posts:588
|
| 07/05/2008 6:43 AM |
|
| Have you thought of contacting someone at the local chapter of the Community Associations Institute? They may already be aware of it and lobbying against it. |
|
|
|
|
|
| You are not authorized to post a reply. |
|
|
General Legal Notice: The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com. Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship. Readers should not act upon this information without seeking professional counsel. HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional. HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice: (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.
Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)
|
|
|
|
|
|
|
|