After yesterday’s flurry of activity regarding HB 786 and HB 787, we are now better apprised of the facts with regard to impact of these two bills.
Charlie Crowson and Lori Stevens negotiated in good faith and represented the interests of both the V.A.A.O. and CoR’s. Representatives from VML, VaCo and the Northern Virginia Apartment Owners were also present. Charlie circulated a request for assistance widely beforehand, but apparently he and Lori were only individuals who were present. Following this meeting Charlie also circulated drafts of HB 786 & HB 787 widely to individuals outside of our organization. Some concerns were raised and the following offending language was stricken from both bills:
In any appeal of an assessment of real or personal property, if the assessment that is the subject of the appeal is an increase of more than 20 percent over the assessment for the same property for the prior tax year, except in cases of buildings constructed in the previous five years, the assessor shall have the burden of proving by a preponderance of the evidence that the assessment is correct.
No other specific recommendations were made until several days ago and after the bills had passed out of the House without any opposition.
Neither Ross Mugler nor I were present during the negotiations and were largely not included in the email discussions which followed. However, it does appear that an unintended misrepresentation of fact did occur. Specifically, that the compromise solution agreed to in 2011/12 removed “manifest error” the standard. HB 786 & HB 787 now specifically remove the manifest error language from the code which lowers the existing standard. While I do not believe that there was any intent to knowingly misrepresent fact, an unintended misrepresentation apparently did occur. We were negligent in not immediately disputing what was apparently said, or then verifying and correcting what had been represented after-the-fact.
Compounding matters, during our recent Legislative Days we reviewed all bills which were impact our offices. HB 786 & HB 787 were among the bills reviewed. No objections were raised regarding these bills.
Unfortunately, it would appear that misrepresentation, assumptions, and lack of diligence have conspired to create this situation.
There is plenty of blame to go around.
Delegate Keam has suggested that all parties meet again. Hopefully, we will find a solution amenable to all concerned.