Display of the Flag of the United States - House Bill 956  and Senate Bill 151 provides that, in accordance with the Federal Freedom to Display the American Flag Act of 2005 ("Federal Flag Act"), a unit owners' or property owner's association shall not prohibit or otherwise adopt or enforce any policy restricting a unit or lot owner from displaying upon property to which that owner has a separate ownership interest or a right to exclusive possession or use the flag of the United States whenever such display is in compliance with the Federal Flag Act.  The bill also provides that the unit owners' or property owners' association may establish reasonable restrictions as to the size, place, duration, and manner of placement or display of the flag provided the restrictions are necessary to protect a substantial interest of the unit owners' or property owners' association.  Under the bill, if an action is brought by a unit owners' or property owners' association to enforce a rule pertaining to display of the flag, the association has the burden of proving that its restrictions are necessary to protect a substantial interest.  The bill also provides that the unit or lot owner may assert as an affirmative defense that the required disclosure of any limitations pertaining to displaying of flags was not contained in the resale certificate or disclosure packet.  The LAC supported this bill, and the bill passed.

Covenants Regarding Solar Energy Collection Devices - House Bill 881  invalidates any new or existing restrictive covenant adopted by a community association that prohibits or restricts the installation or use of any solar energy collection device. Community associations may establish reasonable restrictions as to the size, place, and manner regarding the placement of such devices on private property and community areas.  The LAC opposed this bill, and the bill was continued to 2011 and did not pass.

Covenants Regarding Natural Drying Devices - Senate Bill 221 provides that effective July 1, 2010, no community association shall prohibit an owner from installing or using a natural drying device on that owner's property. The bill provides that a community association may establish reasonable restrictions concerning the size, placement, time and manner of placement of such natural drying device.  The LAC supported this bill with changes.  The bill was left in committee and did not pass.

Property Owners' Association Act; Authority of Board of Directors; Parking - House Bill 1102 provides that to the extent the declaration gives the board of directors the authority to adopt rules and regulations relating to the parking of motor vehicles by lot owners, such rules may establish a parking space designation plan which makes parking spaces available to less than all of the lot owners. The bill provides that if such a plan is adopted, the common expenses attributable to such parking spaces may be specially assessed against the lot owners involved.  The LAC supported this bill, but with concerns regarding constitutionality and the bill passed, but with the Governor's amendment that it does not become effective unless reenacted by the General Assembly in 2011.

Rules Regarding the Operation of Motor Vehicles - House Bill 812 provides that, except to the extent otherwise provided by the condominium instruments or declaration, no unit owners' or property owners' association may establish rules or restrictions concerning the operation of privately owned motor vehicles within the common areas or other areas under the authority of the association.  The LAC opposed this bill, and the bill was referred to the Virginia Housing Commission and did not pass.