HB 1842

Abstract

Property Owners' Association Act; Condominium Act; rulemaking authority of property owners' associations and unit owners' associations; smoking. Permits (i) except to the extent that the declaration provides otherwise, the board of directors of a property owners' association to establish reasonable rules that restrict smoking in the development, including (a) rules that prohibit smoking in the common areas and, (b) for developments that include attached private dwelling units, rules that prohibit smoking within such dwelling units, and (ii) except to the extent that the condominium instruments provide otherwise, the executive board of a condominium unit owners' association to establish reasonable rules that restrict smoking in the condominium, including rules that prohibit smoking in the common elements and within units. The bill clarifies the authority of executive boards of condominium unit owners' associations to establish, adopt, and enforce rules and regulations with respect to the use of the common elements of the condominium and with respect to such other areas of responsibility assigned to the unit owners' association by the condominium instruments, except where expressly reserved by the condominium instruments to the unit owners. The bill also permits unit owners, by a majority of votes cast at a meeting of the unit owners' association, to repeal or amend any rule or regulation adopted by the executive board. This bill is a recommendation of the Virginia Housing Commission.

Property Owners' Association Act; CondominiumAct; rulemaking authority of property owners' associations and unitowners' associations; smoking. Permits (i) except to the extentthat the declaration provides otherwise, the board of directors ofa property owners' association to establish reasonable rules thatrestrict smoking in the development, including (a) rules that prohibitsmoking in the common areas and, (b) for developments that includeattached private dwelling units, rules that prohibit smoking withinsuch dwelling units, and (ii) except to the extent that the condominium instruments provide otherwise, the executive board of a condominiumunit owners' association to establish reasonable rules that restrictsmoking in the condominium, including rules that prohibit smokingin the common elements and within units. The bill clarifiesthe authority of executive boards of condominium unit owners' associationsto establish, adopt, and enforce rules and regulations with respectto the use of the common elements of the condominium and with respectto such other areas of responsibility assigned to the unit owners'association by the condominium instruments, except where expresslyreserved by the condominium instruments to the unit owners. The billalso permits unit owners, by a majority of votes cast at a meetingof the unit owners' association, to repeal or amend any rule or regulationadopted by the executive board. This bill is a recommendation ofthe Virginia Housing Commission.