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Remote Desktop Redirected Printer LEGISLATIVE MATTERS An update on local, state and federal issues of interest to the real estate industry. Dulles Area Association of REALTORS® Government Affairs Newsletter Summer 2016 FAA Eases Drone Use for Commercial Purposes The Federal Aviation Administration (FAA) recently announced that it will no long require certain commercial drone operators to obtain a Section 333 waiver, which could make it easier for real estate agents to legally fly a drone instead of hiring a third party operator. The new regulations will go into effect in late Au- gust 2016. Despite this change, REALTORS® should continue to be aware of no-fly zone restrictions in the DC area. For more information visit http://www.faa.gov/uas/ Metro to Loudoun Construction and Development Plans Earlier this year, it was announced that Phase Two of the Metrorail Silver Line to Loudoun will be delayed by thirteen months due to safety engineering changes and new environmental regulations. While this delay is unfortunate, this revised timeline, with completion scheduled in late 2019/early 2020, should be a more realistic goal. The Loudoun County Board of Supervisors (LCBOS received a detailed update from the Metropolitan Washington Airports Authority (MWAA), who is building the Silver Line, and be found by visiting http://www.loudoun.gov/ dullesrail The LCBOS voted to approve the name "Ashburn" for the Route 772 station and "Loudoun Gateway" for the Route 606 sta- tion. The thought was that the names will help create the needed 'sense of place' around both station areas in anticipation of incorporating tax revenue generating mixed use development. In fact, the LCBOS initiated a Comprehensive Plan Amend- ment (CPAM) "to evaluate alternative development scenarios based on parameters that would minimize public costs for future infrastructure, maximize overall public benefit, and also allow for the tax district to generate revenues sooner" in order to de- termine the best type of development around the rail stations. Loudoun Planning staff has been directed to create a thorough work plan to bring back to the Board for discussion and approval. The overarching goal is to work with landowners to ensure that the planning and zoning allows the highest and best use of the properties within the Metrorail Service District. The LCBOS is expected to approve the CPAM by November 2016. Chairman’s Message: The Process of Creating a Vision for the County’s Future Growth Recently I was appointed as DAAR’s representative to Loudoun County’s Comprehensive Plan Stakehold- er’s committee which was created to draw up a roadmap of how the county should grow in the future. A good read to catch you up on the effort can be found here – https://www.loudoun.gov/newcompplan. The committee, which is set to meet monthly for the next eighteen months, is comprised of citizens and representatives from various business, homeowner, developer and environmental groups in the county. Our first three hour meeting on Monday, June 20th focused mainly on organization of the group and re- viewing the plan charter or plan to create the updated comprehensive plan. Topics to be discussed in fu- Lars Henriksen, ture meetings include the future of economic development, development of the transition area, housing 2016 Chairman of the Board choice and diversity, redevelopment and revitalization opportunities, new development types in the subur- ban policy area, community facilities and infrastructure, design standards and quality of development and good fiscal and growth management. As your representative on this important group, I encourage you to follow our progress. There will be ample opportunity for you to weigh in on any of these issues as part of the county’s very open public process. All documents and future meetings and public input sessions will be posted here https://www.loudoun.gov/newcompplan. At the same time, please feel free to reach out to me or Christine Windle, CEO, DAAR, at [email protected] to share your thoughts or feedback on how we should plan for the county’s future growth. Dulles Area Association of REALTORS®, 21720 Red Rum Drive, #177, Ashburn, VA 20147, 703/777- New Real Estate Laws Effective July 1st, 2016 The 2016 General Assembly session saw over 2,000 bills introduced in the House and Senate. The following are select new laws related to real estate: Elected Officials House Bill 567 – Agency & Licensing Revisions This legislation amends portions of the real estate licensee laws within (§54.1-2100): United States Congress •Giving the Virginia Real Estate Board (VREB) the authority to take disciplinary cases under advisement, defer findings and dismiss such actions on terms and conditions set by the VREB; The Honorable Barbra Comstock (R -10) •Giving VREB the authority to grant exemptions or waive or reduce the number of CE hours required in cases of certified illness or undue hardships; Senator Tim Kaine (D) Senator Mark Warner (D) •Requiring supervising brokers for a branch office to provide VREB with the name and license number of the supervising broker for that office by January 1, 2017 and upon the renewal/transfer of each individual license, provide VREB the name and license number of those working at the branch office on a DPOR form; Governor of Virginia •Updates to the definitions, brokerage relationship sections and disclosure sections to clarify what is required Terry McAuliffe (D) in residential relationship vs. commercial relationships; •Clarifying that the law does not require a written agreement between a licensee and a prospective buyer Attorney General prior to showing properties; and Mark Herring (D) •Clarifying that nothing in the licensing statute is intended to create an independent civil cause of action in a lawsuit. Senate of Virginia House Bill 741 & Senate Bill 453 – Home Inspector Licensing The new law, effective July 1st, 2017 •Senator Dick Black (R-13) will require DPOR to create new regulations that will allow certified home inspectors to transition to licensed •Senator Barbara Favola (D-31) home inspectors and set out the requirements for new home inspectors to get licensed. Home inspector li- •Senator Jennifer Wexton (D-33) censees will fall under the Asbestos, Lead, and Home Inspector Board at DPOR. •Senator Jill Vogel (R-27) House Bill 684 – Common Interest Community (POA; COA) The Condo/POA Act bill sought to correct Virginia House of Delegates issues that have come up recently and to conform the two Acts. Changes included prohibiting associations from: •Delegate Kathleen Murphy (R-34) •Delegate Tag Greason (R-32) •Conditioning or prohibiting rentals; •Delegate Jim LeMunyon (R-67) •Charging any annual or monthly fee for rental units, except as expressly authorized by law; •Delegate John Bell (D-87) •Requiring owners to use an association lease or addendum; •Delegate Jen Boysko (D-86) •Charging any deposit; •Delegate David LaRock (R-33) •Having the ability to evict a tenant or require an owner to execute a power of attorney; •Delegate Randy Minchew (R-10) •Require a copy of the lease – the association is allowed to require the names and contact information for tenants, authorized occupants and authorized (managing) agents; Board of Supervisors •Conforming the two laws with how delivery of the association documents are handled in resale situation; and •Phyllis Randall, Chair at Large •Extends the number of days for the payment of fees for association documents being charged at settlement •Ron Meyer, Broad Run from 45 days to 60 days to handle concerns over delayed settlements after the implementation of TRID. •Suzanne M. Volpe, Algonkian •Ralph M. Buona, Ashburn House Bill 746 - Changes to the Residential Property Disclosures Notice to Seller and Purchaser re- •Tony Buffington, Blue Ridge lated to zoning and permitted uses (changes to the form in bold/italic): •Geary M. Higgins, Catoctin The owner makes no representations with respect to any matters that may pertain to parcels adjacent to the •Matthew F. Letourneau, Dulles subject parcel, including zoning classification or permitted uses of adjacent parcels, and that purchasers are •Kristen Umstattd, Leesburg advised to exercise whatever due diligence a particular purchaser deems necessary with respect to adjacent Leesburg parcels in accordance with terms and conditions as may be contained in the real estate purchase contract, but in any event, prior to settlement pursuant to such contract. •Koran Saines, Sterling House Bill 1264 Changes to the Residential Property Disclosures Notice to Seller and Purchaser relat- ed to Covenants (changes to the form in bold): The owner makes no representations or warranties as to the condition of the real property or any improve- Contact Us ments thereon, or with regard to any covenants and restrictions as may be recorded among the land records affecting the real property or any improvements thereon, and purchasers are advised to exercise what- For questions or if you ever due diligence a particular purchaser deems necessary including obtaining a certified home inspection, would like to get involved as defined in § 54.1-500, in accordance with terms and conditions as may be contained in the real estate in DAAR’s purchase contract, but in any event, prior to settlement pursuant to such contract. legislative efforts: Senate Bill 407 – Onsite sewage systems; civil penalties Provides that any locality that has a record of the location of conventional onsite sewage systems and alternative discharging systems and that meets Christine Windle certain other criteria may adopt an ordinance establishing a uniform schedule of civil penalties for violations CEO 571-291-9803 [email protected] x Do You Know DARPAC? Visit us on the web at x Find out how to support the issues that matter most www.dullesarea.com to your business. x Visit http://www.dullesarea.com/darpac/ to learn Contributions are not deductible for Federal income tax purposes. Contributions to DARPAC are voluntary and are used for political purposes.
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