Disclosure Documents Are Required For All Home Sales
As of July 1, 1997, Virginia House Bill 2565 provides that the delivery of property owners association disclosure documents may not be varied by agreement or waived. All new home buyers MUST receive CHHA disclosure documents from the seller. These documents disclose various information related to the ownership of a home, including outstanding delinquencies and architectural violations. Under the Virginia Property Owners' Association Act, a purchaser may cancel the sales contract for any reason within three days after receiving the association disclosure packet or within three days of being notified that the association disclosure packet will not be available. (For more detailed information about the Virginia Property Owners' Association Act, please consult your real estate agent).
If you are selling your home, it is preferable that you or your real estate agent contact the CHHA resale package coordinator, to request a Homeowner Resale Package, or complete the online application. It is recommended that you make this request prior to placing your house on the market; you do not need to wait for a purchaser before requesting resale documents, as a Resale Package is deemed current for 60 days from the date issued. Under Virginia’s Property Owners' Disclosure Act, the Association is allowed fourteen calendar days to provide the documents to the seller or seller's agent. Homeowners who fail to make a timely request risk jeopardizing their closing, particularly if there are unapproved exterior alterations or maintenance items noted that a purchaser may decline to assume responsibility for correcting.
The Disclosure Process
After receipt of a written request and $100.00 fee, the resale package coordinator visits the property to inspect the exterior of the home and surrounding property. Any maintenance problems found on the property, as well as any exterior changes or additions that have not been approved by the Architectural Control Committee, are noted. The status of the assessment account is also verified, and the disclosure report will indicate if the account is current or whether there is any outstanding balance due. The resale package coordinator prepares formal written reports documenting the inspection and account verification findings. These reports are included in the disclosure packet, together with copies of all governing documents, and released to the seller or the seller’s agent. The seller or seller’s agent then turns the documents over to the prospective buyer or the buyer’s agent. Because any outstanding problems with the property or account will become the responsibility of the new owner if not resolved before settlement, the buyer may choose to cancel the sales contract for any reason within three days of receipt of the disclosure package.
Below are some of the most common problems that are found in Chantilly Highlands:
- Exterior changes/additions made without an approved application from the Architectural Control Committee.
- Fences/gates in disrepair, warped or leaning, and/or incorrectly located in violation of both the ACC Guidelines and Fairfax County zoning regulations
- Window mullions (grids) broken or missing
- Storage sheds in disrepair or in need of paint
- Decks/stairs in disrepair or warped
- Shrubbery in need of trimming/dead trees or shrubbery in need of removal
- Faded, deteriorated, chipped or peeling paint on wood trim
- Damaged or missing shutters and/or siding
How to request a Homeowner Resale Package
Complete the Homeowner Resale Package Request form, which can be obtained from your real estate agent or the CHHA Website. A fee of $100.00 is required at the time the request is submitted. Checks are made payable to CHHA. The form and payment can be mailed to the CHHA address (P.O. Box 710238; Oak Hill, VA 20171) or hand delivered to the current resale package coordinator. Under Virginia’s Property Owners' Disclosure Act, the Association is allowed fourteen (14) calendar days from the date received, to provide the documents to the seller or seller's agent. The seller or seller’s agent will be notified when the documents are complete.
How to correct ACC Violations
Violations noted in the resale package must be corrected in accordance with the Association’s design guidelines. Those sellers who have made unapproved exterior alterations, must submit a completed application to the ACC for consideration. Typical turn-around time for processing ACC applications is three (3) weeks, but may be longer. No priority preference will be given to applications filed in relation to pending sales. The ACC members are unpaid volunteers that all have other work and family obligations. It is unfair for homeowners to expect ACC members to compensate for their failure to obtain necessary approval for exterior alterations prior to having commenced such projects. All applications must include a copy of your plat, and if appropriate, a graphic description of the improvements, as well as a description of materials used, exact dimensions, color samples, and product photographs. Unapproved alterations that do not meet the ACC Guidelines will not be approved, and homeowners that have made such modifications may be required to remove some or all of the modifications and restore the property to its original condition at the homeowners’ own expense. The CHHA and ACC are not responsible if a purchaser chooses to void a sales contract rather than assume responsibility for unapproved alterations made by the seller which are noted in the resale package.
Maintenance items noted in the resale package should be addressed as appropriate, e.g. chipped paint should be sanded and re-painted, missing or broken window grids should be replaced or repaired, etc. Once the repair has been made, the homeowner should give written notice to the ACC, and an ACC member will visit the property to confirm same. If the repair has been performed in a professional manner, then the ACC will place a note in the lot file indicating that the violation has been corrected. Remember that it may take time to obtain the necessary materials to complete even relatively minor repairs, as some repair parts may not be regularly stocked by local hardware stores and they may need to be special ordered, or ordered directly from the manufacturer. Sellers should plan accordingly.
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