SENATE BILL NO. 1080
Offered January 12, 2011
Prefiled January 11, 2011
A BILL to amend the Code of Virginia by adding a section numbered 55-79.80:4, relating to the Virginia Condominium Act; amendment of condominium instruments; smoke-free units.
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Patron– Hanger
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Referred to Committee on General Laws and Technology
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Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 55-79.80:4 as follows:
ยง 55-79.80:4. Amendment of condominium instruments to limit the sale of units as smoke free.
The condominium instruments may be amended by agreement of unit owners of units to which two-thirds of the votes in the unit owners’ association appertain, or such larger majority as the condominium instruments may specify, to require that units conveyed or transferred after the effective date of amendment be smoke-free units.
Our condominium has banned smoking in the common areas, but to ban smoking within
a person’s unit ,personal property, is within their right to smoke within their unit. Our
condominium is subject to the Horizontal Property Act and 55-79.6 provides that the
homeowner’s unit is their “exclusive right”, which meets the same requirements of a
patent.
Given that HPA 55-79.6 was amended , the exclusive right would continue for those who
already purchased their unit because of US Constitution amend 1, article 10. Legislature
can not pass laws that impact existing contracts and property rights.