While a larger than usual number of state legislators retired this year, the fall elections brought only a few changes to its general make-up. 
The 40-member Senate will remain at 21 Republicans and 19 Democrats, presided over by the Democratic Lieutenant Governor who votes when there is a tie. In the House of Delegates, Republicans lost two district seats but picked up one other. The breakdown in the 100-member House is 66 Republicans and 34 Democrats.
While the balance of power did not change, there are many new faces. NVAR members and lobbyists will be working with these new legislators to promote the statewide real estate agenda. 

NVAR’s Legislative Bill Review Task Force members will review and take positions on several dozen bills, as will NVAR members who serve on the VAR Public Policy Committee. Look for Town Hall Notes e-mails to stay up-to-date on legislative activities. Consider joining your fellow Realtors® on the annual trip to the Virginia Capitol in Richmond on Thursday, February 4. (See info on page 9.)

2016 REALTOR® AGENDA
PROPERTY OWNERS ASSOCIATION/CONDO CLARIFICATIONS
What is a legislative session without POA/Condo changes?!  In 2016, Realtor® lobbyists will make efforts to tweak a few things in the law.  

Association management companies have been circumventing the law by calling fees different names. Last year the legislature put a cap of $50 on rental applications, so management companies starting charging other processing fees, some, up to $1,000. We will ask to have broader language introduced that will limit the fees placed on renters or owners of rental units to fees explicitly authorized by law. The legislation will also prohibit associations from evicting tenants, although property owners may still pursue evictions. In addition, associations would no longer be allowed to require a copy of the tenant’s lease.

“While the balance of power did not change, there are many new faces."

At the request of NVAR, legislation will be introduced to allow a three-day right to cancel a condominium contract after the buyer receives notice that the resale certificate will not be available. That right is currently provided by the POA but not by the Condo Act.
Other provisions under consideration include: 
- Define who the purchaser’s and seller’s designated agent is, for purposes of delivery of the disclosure packet;
- Clarify that delivery of the packet is defined as the packet being delivered to the purchaser’s designated agent by one of the methods outlined in the Code of Virginia;
- Provide that the three-day right of rescission only begins after the last packet has been delivered, where there are multiple HOAs and multiple disclosure packets; and
- To accommodate concerns regarding delayed closings due to new TRID regulations. Increase the current 45-day timeframe that associations may back-charge sellers for the cost of the packets to 90 days.

AGENCY/LICENSING LAW REVISIONS
Realtors® will seek clarification to the agency/licensing law that include the following:
- A proposal to allow the Virginia Real Estate Board (VREB) to apply deferred judgments in order to permit licensees to complete education or other remedial steps, without having violations appear on the licensees’ permanent records;
- Clarification that the requirements for written brokerage agreements and a Disclosure of Brokerage Relationship only apply to residential transactions; and
- A proposal by VAR that the act of merely showing property does not require a written brokerage agreement. For risk management purposes, NVAR recommends that Realtors® continue to have a written brokerage agreement at the first showing.

HOME INSPECTOR LICENSING
Realtors® will seek legislation to require a DPOR license for anyone performing a home inspection as part of a real estate transaction.  Years ago, NVAR successfully sought legislation to allow home inspectors to be certified.  The next step to ensure consumer protection would be for home inspectors to complete their certification programs and then obtain licenses through DPOR.

HOUSING TRUST FUND – EARNEST MONEY DEPOSITS/ESCROW FUNDS
We will also have a bill introduced to allow brokers to take stranded escrow funds and earnest money deposits, interplead them to General District Court, then allow the judge to transfer those funds to the Housing Trust Fund. Currently, brokers may interplead the funds to the court, where the monies simply sit.  This proposal would allow the funds to be used to help provide affordable housing.

Mary Beth Coya is the NVAR senior vice president for public & government affairs.