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Workgroup advances disclosure-only approach after homeowners urge fixes to long-running declarant control problems
Summary
After extended testimony from homeowners affected by long-term declarant control, the workgroup discussed a draft that would require disclosure of declarant control in new sales and resale certificates under the Property Owners Association Act, while acknowledging constitutional limits on changing existing contracts.
A group of homeowners and workgroup members urged statutory responses to extended declarant control in common-interest communities; the workgroup responded by developing a narrow disclosure-focused proposal rather than a retroactive change to existing declarations.
Pia Trigiani and other staff summarized the legal constraints: declarant-reserved rights are contract terms in recorded declarations, and Article I, Section 11 of the Virginia Constitution restricts legislation that would impair existing contracts. Pia briefed members on past attempts to limit declarant control and explained why the…
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