Thursday, July 15, 2010

Letter You Can Modify And Send To Your Senator and Delegate

Dear Mr. _____,

I'm contacting you regarding a very concerning bill that you possibly voted for that gives the Water Authority the right to collect money from a landlord (a third party that had no beneficial use of the service) for what a tenant did not pay. I'm a member of a real estate investors group in Roanoke VA that a number of it's members have just recently been attacked by the Water Authority with liens placed on their property.

We see it as being extremely unjust to place a lien on the property of a 3rd party person who had no use of the service and did not cosign for the tenants water bill. This is highly illegal in all forms of law and has been found unconstitutional.

The bill I am referring to is HB2247 of the 2009 Session and the Virginia code put in place is Virginia Code § 15.2-5139 - Lien for charges. Another one is Passed from HB 2563 of the 2005 Session and it's code is Virginia Code § 15.2-5124 - Delinquent payment of rates and charges. These are the two bits of Virginia Code that the water company refers to when showing their right to take advantage of a 3rd party for a water bill. This was done in Florida, Minnesota and Wisconsin to investors as well and was taken to court and deemed unconstitutional.

In the recent 2010 session the bill HB407 was passed essentially making landlords collection agents for the water company authorizing them to take the unpaid bill out of their security deposit assuming that of which in most cases the tenant didn’t already use up that deposit by not paying their last month of rent and causing damage to the property.

Our Real Estate Investors group has 255 members with over 1,000 properties in Roanoke alone. Our membership of investors is diverse and includes people from all walks of life. From real estate lawyers to former city councilmen and professional investors. We would be more than happy to assist in writing an amendment to these unjust bills if you would be willing to do so.

Please let me know if you would be willing to propose an amended bill that will resolve this issue.

Best Regards,



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