DAILY PRESS: Homeowners association bill hits skids

Tide has turned against controversial measure, leading critic says

By Travis Fain — February 27, 2014

RICHMOND — Legislation that would grant more power to some homeowners associations ran into trouble Thursday, as some of its support seemed to erode in the House of Delegates. House Bill 791 would allow homeowner and condiumium associations that don’t have the power to fine residents explicitly written into their governing documents to add that power more easily. Some associations already have a fine structure written into their charters. Those that don’t have fined members in the past, but a recent court decision struck the practice down.

Associations are hoping the General Assembly will grant the power across the board, allowing them to avoid disputes over changes to association rules, which often require approval from two-thirds of members. The bill had been moving along in the House and Senate, albeit with some resistance and controversy. But on Thursday the House voted down a Senate version of the proposal, signaling tough sledding.

“Members felt uncomfortable expanding the power of associations who could not get that power from their homeowners,” Del. Scott A. Surovell, D-Mount Vernon, said in an email. Surovell led the charge against the bill in the House. He also was the attorney for a Northern Virginia couple who fought their homeowners association over fines several years ago, leading to the court decision that precipitated this legislative fight. Surovell and others say the bill would essentially rewrite contracts between private parties: homeowners and their elected association boards, which enforce neighborhood rules.  Read more: