Property Owners' Association Act; operation and management of assoc., condemnation of common area.

Plain English Breakdown

The official source material does not provide details about negotiation powers, signing deeds, or contesting actions by individual members.

Property Owners' Association Act; Rules for Taking Common Area Land

This law changes how property owners' associations handle land taken or damaged by government actions, focusing on fair valuation based on physical characteristics.

What This Bill Does

• Requires that the physical features of a property owners' association's common area be considered when determining its highest and best use for compensation purposes in condemnation proceedings.

Who It Names or Affects

• Property owners' associations
• Government agencies taking or damaging common area land

Terms To Know

Eminent domain

The power of a government to take private property for public use, usually with compensation.

Common area

Land in a property owners' association that is shared by all members and used for common purposes.

Limits and Unknowns

• The bill does not specify what happens if the board of directors cannot agree on an amount with the government.
• It's unclear how this law will affect individual property owners within associations.
• The exact process for contesting the association's actions is not detailed.

Official Summary Text

Property Owners' Association Act; operation and management of association; condemnation of common area; procedure.
Requires consideration of the physical characteristics of a property owners' association's common area land when determining such land's highest and best use for purposes of valuing the property for award or payment for such land in a condemnation proceeding after the common area land is taken or damaged under the power of eminent domain.

Current Bill Text

A BILL to amend and reenact §
55.1-1836
of the Code of Virginia, relating to Property Owners' Association Act; operation and management of association; condemnation of common area; procedure.

Be it enacted by the General Assembly of Virginia:

1. That §
55.1-1836
of the Code of Virginia is amended and reenacted as follows:

§
55.1-1836
. Condemnation of common area; procedure.

When any portion of the common area is taken or damaged under the power of eminent domain, any award or payment for such portion shall be paid to the association, which shall be a party in interest in the condemnation proceeding. The common area that is affected shall be valued on the basis of the common area's highest and best use as though it were free from restriction to sole use as a common area.
The physical characteristics
of the common area land at the time of the acquisition shall be taken into consideration when valuing the property.

Except to the extent that the declaration or any rules and regulations duly adopted pursuant to such declaration otherwise provide, the board of directors shall have the authority to negotiate with the condemning authority, agree to an award or payment amount with the condemning authority without instituting condemnation proceedings, and, upon such agreement, convey the subject common area to the condemning authority. Thereafter, the president of the association may unilaterally execute and record the deed of conveyance to the condemning authority.

A member of the association, by virtue of his membership, shall be estopped from contesting the action of the association in any proceeding held pursuant to this section.