Bookkeeper for Virginia Common Interest Community Presumed to be an Independent Contractor

Image by F. Muhammad from Pixabay

From JDSupra, Kevin Kernan, Kathryn Murphy, and Nasim Saeidi discuss changes in the laws of Virginia governing comnon interest communities — which might include condominiums, co-ops, retirement communities, and timeshares. The changes include a presumption that a bookkeeper for a common interest community is an independent contractor. Kevin, Kathryn, and Nasim write:

The Virginia General Assembly approved a number of bills during its 2024 legislative session. Some of the bills impact, directly or indirectly, common interest communities. The Governor of Virginia signed the following bills into law and the new laws will take effect on July 1, 2024. We have outlined the legislative action taken by the Virginia General Assembly that we believe most directly affect both homeowners and condominium associations.

The following bills amend the Property Owners’ Association Act (Va. Code Ann. 55.1-1801, et seq., as amended (1950)), the Virginia Condominium Act (Va. Code Ann. 55.1-1900, et seq., as amended (1950)), and other statutes that may affect common interest communities. Please feel free to contact us if you have questions regarding any of the following legislative changes.

HB214 – Resident Services

HB214 provides that a resident of a common interest community association who is providing bookkeeping, billing or recordkeeping services for the Association for compensation will be presumed to be an independent contractor and not an employee of the Association. This language is an addition to Va. Code § 54.1-2347 which provides certain exemptions to the licensing requirements under Va. Code § 54.1-2346. The purpose of this legislation is to ensure that a common interest community is not considered an employer for purposes of § 54.1-2346 if a resident of that community is providing certain services for the Association and that the resident will not be required to have a license in order to provide that service.

Read the full story at 2024 Virginia Legislative Updates for Common Interest Communities | Whiteford – JDSupra

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