Saturday, January 24, 2009

SB 1489: Property owners’ group law at issue in Assembly, court :: Weekly Edition :: Virginia Lawyers Weekly: "Vogel says that she thinks all sides to the Lake Holiday dispute would agree that her legislation is “the right thing to do.” She disavowed any intent to try to influence the pending litigation. “There are lots of issues being litigated at Lake Holiday – let them go ahead. Those plaintiffs absolutely have the right to be heard,” she said.

“I hope to have a positive impact on Lake Holiday and other POAs where their underlying integrity is being threatened,” Vogel said. “It’s not meant to be a sweeping change. It’s a real modest legislative tweak,” she said.

The lawyer for the plaintiffs in the Lake Holiday lawsuit is not reassured. “The sweep of the proposed changes [is] stunning,” said Wayne Travell. The changes, he insisted, “are intended to affect the outcome of private litigation in Frederick County.”

Travell said that he told Vogel that “last-minute tinkering with the Act at the behest of a party to the lawsuit could have dire and unintended consequences.”"

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You tell me: is Vogel's denial convincing?

Another article later said, "Sen. Jill Holtzman Vogel’s (R-27) emergency effort to amend Virginia’s Property Owners’ Association Act has been tabled for the special session still going on in Richmond. Her bill, SB6016 (our link is to a PDF redlined version of her bill provided to us by her office), Virginia Property Owners Association Act; reformation of declarations, was originally introduced in the Senate on Monday 6/23, where it was quickly referred to the Committee on General Laws and Technology. At a vote of that committee on Tuesday, the bill was reported out, or sent to the full senate. On Wednesday 6/25, the first vote on the measure in the full senate failed, but after a recess, a second attempt narrowly approved the measure by a single vote.
Following approval in the Senate, SB 6016 made its way to the House of Delegates, where it ended up in the Committee on General Laws. The next stop: the Housing Commission. And that’s where it stopped. Both we and others raised a number of concerns about the proposed legislation, perhaps the biggest of which was a serious question of constitutionality at the state and federal levels. The Housing Commission unanimously decided to table the bill for the remainder of this special session.

According to the Winchester Star, “Vogel repeatedly has stated that her bill is not related to an ongoing lawsuit against Lake Holiday Country Club Inc.” She continues to maintain this position. Bob Diamond, an attorney from Reed Smith representing Miller & Smith, and an attorney from Rees Broome, who happens to represent LHCC, were among the very few attendees commenting to the commission. Given their Tyson’s Corner offices are about 2 hours from Richmond, it’s an odd coincidence that attorneys for 2 defendants in a lawsuit happen to be about the only ones showing up to champion a bill that its chief senate patron said is “not related” to that lawsuit. Start to nothing in 4 days. The legislative process is pretty quick in a special session."

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