Bill Text: VA HB2542 | 2025 | Regular Session | Comm Sub
Bill Title: Common interest communities; amateur radio antennas permitted.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-02-05 - Left in General Laws [HB2542 Detail]
Download: Virginia-2025-HB2542-Comm_Sub.html
| OFFERED FOR CONSIDERATION | 1/23/2025 |
HOUSE BILL NO. 2542
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on General Laws
on ________________)
(Patron Prior to Substitute—Delegate Seibold)
A BILL to amend the Code of Virginia by adding sections numbered 55.1-1823.2, 55.1-1962.2, and 55.1-2139.2, relating to common interest communities; amateur radio antennas permitted.
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding sections numbered 55.1-1823.2, 55.1-1962.2, and 55.1-2139.2 as follows:
§ 55.1-1823.2. Amateur radio antennas permitted.
A. No declaration recorded on or after July 1, 2025, shall prohibit any lot owner from installing an amateur radio antenna for the lot owner's personal use on property owned by the lot owner. An association may establish reasonable restrictions concerning the number, size, place, and manner of placement or installation of such amateur radio antenna on the exterior of property owned by the lot owner.
The association may require as a condition of approving installation of an amateur radio antenna that the lot owner:
1. Provide detailed plans and drawings for installation of an amateur radio antenna prepared by a licensed contractor or other structural engineer familiar with the installation and core requirements of installing an amateur radio antenna.
2. Comply with applicable building codes, manufacturing specifications, zoning ordinances, amateur radio tower ordinances, if any, or recognized safety standards in the installation and maintenance of the amateur radio antenna.
3. Maintain the amateur radio antenna in a structurally safe condition and repair, replace, or remove any deteriorated or structurally unsafe component of the amateur radio antenna.
4. Pay the costs of installation, maintenance, operation, and use of the amateur radio antenna.
5. Visually screen an amateur radio ground-mounted electrical enclosure, ground-mounted control enclosure, or guy wire anchor if such enclosure or anchor (i) is visible from the street faced by the dwelling or (ii) is located in an unfenced side or rear yard and is visible from an adjoining property.
6. Pay the cost of removal of the amateur radio antenna and restoration of the area if the lot owner decides there is no longer a need for the amateur radio antenna or upon the sale of the property owned by the lot owner.
B. An association may prohibit or restrict the installation of amateur radio antennas on the common area within the development served by the association and may establish reasonable restrictions as to the number, size, place, and manner or placement or installation of amateur radio antennas on the common area.
§ 55.1-1962.2. Amateur radio antennas permitted.
A. No condominium instrument recorded on or after July 1, 2025, shall prohibit any unit owner from installing an amateur radio antenna for the unit owner's personal use on the roof of the unit owned by the unit owner or on a roof appurtenant to the unit owned by the unit owner.
B. Notwithstanding any other provision of this chapter or the condominium instruments, the unit owners' association may prohibit a unit owner from installing an amateur radio antenna if installation of such antenna is not technically feasible or reasonably practicable due to safety risks, structural issues, or engineering conditions.
C. The unit owners' association may require as a condition of approving installation of an amateur radio antenna that the unit owner:
1. Provide detailed plans and drawings for installation of an amateur radio antenna prepared by a licensed contractor or other structural engineer familiar with the installation and core requirements of installing an amateur radio antenna.
2. Comply with applicable building codes, manufacturing specifications, zoning ordinances, amateur radio tower ordinances, if any, or recognized safety standards in the installation and maintenance of the amateur radio antenna.
3. Maintain the amateur radio antenna in a structurally safe condition and repair, replace, or remove any deteriorated or structurally unsafe component of the amateur radio antenna.
4. Pay the costs of installation, maintenance, operation, and use of the amateur radio antenna.
5. Visually screen an amateur radio ground-mounted electrical enclosure, ground-mounted control enclosure, or guy wire anchor if such enclosure or anchor (i) is visible from the street faced by the dwelling or (ii) is located in an unfenced side or rear yard and is visible from an adjoining property.
6. Pay the cost of removal of the amateur radio antenna and restoration of the area if the unit owner decides there is no longer a need for the amateur radio antenna or upon the sale of the unit by the unit owner.
§ 55.1-2139.2. Amateur radio antennas permitted.
A. No declaration recorded on or after July 1, 2025, shall prohibit any proprietary lessee from installing an amateur radio antenna for the proprietary lessee's personal use within the boundaries of a unit owned by the proprietary lessee.
B. Notwithstanding any other provision of this chapter or the declaration, the association may prohibit a proprietary lessee from installing an amateur radio antenna if installation of such antenna is not technically feasible or reasonably practicable due to safety risks, structural issues, or engineering conditions.
C. The association may require as a condition of approving installation of an amateur radio antenna that the proprietary lessee:
1. Provide detailed plans and drawings for installation of an amateur radio antenna prepared by a licensed contractor or other structural engineer familiar with the installation and core requirements of installing an amateur radio antenna.
2. Comply with applicable building codes, manufacturing specifications, zoning ordinances, amateur radio tower ordinances, if any, or recognized safety standards in the installation and maintenance of the amateur radio antenna.
3. Maintain the amateur radio antenna in a structurally safe condition and repair, replace, or remove any deteriorated or structurally unsafe component of the amateur radio antenna.
4. Pay the costs of installation, maintenance, operation, and use of the amateur radio antenna.
5. Visually screen an amateur radio ground-mounted electrical enclosure, ground-mounted control enclosure, or guy wire anchor if such enclosure or anchor (i) is visible from the street faced by the dwelling or (ii) is located in an unfenced side or rear yard and is visible from an adjoining property.
6. Pay the cost of removal of the amateur radio antenna and restoration of the area if the proprietary lessee decides there is no longer a need for the amateur radio antenna or upon the sale of the unit by the proprietary lessee.
