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

Plain English Breakdown

The official source material does not provide specific details on dispute resolution mechanisms between members and the board.

Property Owners' Association Act; Rules for Condemnation

This law changes how property owners' associations handle land taken or damaged by government actions, focusing on fair valuation and management procedures.

What This Bill Does

• Requires that physical characteristics of the common area be considered when determining its highest and best use for valuation purposes in a condemnation proceeding.
• Gives the board of directors authority to negotiate with the government over compensation without going to court, if allowed by the rules of the association.
• Allows the president of the association to sign off on transferring ownership of the taken land to the government.

Who It Names or Affects

• Property owners' associations and their members
• Government agencies that take or damage common area land

Terms To Know

eminent domain

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

condemnation proceeding

A legal process where the government takes or damages private land and compensates the owner.

Limits and Unknowns

• The law does not specify how disputes between association members and the board are resolved.
• It's unclear what happens if the declaration of the property owners' association restricts the board's negotiation authority.

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.