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GenoS (Florida)
Posts: 4,276
Posted:
Specifically, I'm looking for the condo declaration for a condo in James City County, Virginia. The James City County official website appears very opaque and hard to navigate. I've found the property detail pages of the property and I can see the current owner of a particular parcel and the recorded deed book/record number for past sales. But I don't really care who owns it, I was hoping the deed information would lead me to the location of the recorded condo declaration itself.

The closest I've gotten is to this Clerk of the Circuit Court page. The "Secure Remote Records" link on the left of the page takes me to another page where they want $150 a quarter for access to the records and one must submit a notarized application along with the fee to gain access.

That seems like a very expensive paywall to simply search for a recorded condo declaration. Am I looking in the right place? Can anyone from Virginia advise on whether or not there's a better way to get the information?
TimB4 (Tennessee)
Posts: 21,059
Posted:
recorded declarations in VA are not available online except by the clerks site you found.

Going in person can net the same info much cheaper.

The Condo may have it available on their website.
You might be able to obtain a copy simply by asking the Association.

I will say that when I was house hunting, my wife and I looked a lot in this area.
If you want my take, drop me a line: [email protected]
GenoS (Florida)
Posts: 4,276
Posted:
Thanks, Tim. Dang. I'm not so much interested in the community as I am the condo declaration for its own sake. Quite by accident, last night I found this thread at another website where that particular condo association outside of Williamsburg was described as a "Landominium". It piqued my interest since the way it was described, both in that thread and on the association's website, it sounds very very close to exactly the way my HOA in Florida is set up. I had never seen the term "landominium" before. For the last several years, on and off, I've been on the lookout for a community similar to my own. I know there are none in my county and if there are any others in the entire state then I've never seen or heard of them.

We're working on amending our governing documents to bring them into the 21st century and I would love to find a declaration - even though the one in VA is a condo and we're an HOA - to see how a more modern landominium's CCRs are written. Ours are quite primitive. That VA condo association's website describes what my HOA is like to a T. We've recently encountered a potential "problem" here with the discovery that even though the homeowners are supposed to own only the land directly under their homes, the second builder back in the late 1990s built homes that did not "occupy" the entire lot. Thus, there are several dozen homes where the owner seemingly, going by the platted lots and lot boundaries, own "extra" real estate in the back of the homes. Stips of land measuring about 20' x 40'. Several new owners, armed with their surveys, have recently started to make plans for that extra land and our documents were written with the assumption that ALL the land outside of the residences' foundation slabs was common property. Now it seems that that's not really the case everywhere and the germs of trouble are brewing.

I wanted to see their condo declaration to see what details they have that we're missing. Thanks for the offer, but I think I'll try to send them an email and ask if they'd be so kind as to send me a copy of their documents. I think they'd be most illuminating.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Tim is awesome ... if I was looking for home in his area he would be my definite go to person for my HOA questions.

GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By JanetB2 on 03/29/2017 11:00 PM
Tim is awesome ... if I was looking for home in his area he would be my definite go to person for my HOA questions.

Seconded.
JanetB2 (Colorado)
Posts: 4,219
Posted:
What do your documents have as a definition of a "landominium". I have NEVER heard that term before.
JanetB2 (Colorado)
Posts: 4,219
Posted:
If research "Landominium" term in VA come up with this site: http://www.brandonwoods.org/info.php?pnum=2

They state:

"The development was established and organized as a condominium subject to the Virginia Condominium Act with each resident owning a portion of their lot as well as the home. Thus we are more uniquely known as a set of “landominiums". The community was designed to be a low-maintenance community with condominium ownership but done so in a manner resembling a traditional neighborhood with larger lots and extensive landscaping."

Therefore, in essence this one would be subject per the statement to the Virginia Condominium Act.

However, very unusual in a Condomiinium for each resident to own a portion of any lot as well as the home.

GenoS (Florida)
Posts: 4,276
Posted:
That's the place I was looking at and yes, it is unusual. We, on the other hand are a subdivision with about half the residences being attached side-by-side in duplexes (some places call them villas) and the rest are detatched homes. All are single-story single-family dwellings. The marketing literature for this community since its beginning has advertised "Maintenance-Free Living", which is somewhat untrue, but close enough. All of the land with the exception of the land directly under the homes is (was supposed to be) common property. There's a clubhouse and a pool, a mail house, a perimeter walking path with a couple of gazebos on it, all lawncare and landscaping is paid for by the HOA, the individual concrete driveways are common property and the HOA pays to powerwash them twice a year, trash pickup is included in the monthly assessments, the association maintains reserves for the re-roofing of all buildings on the property (including the homes) and also for re-painting all of the buildings (including the homes) periodically depending on the reserve schedule. The HOA also insures the residence shells and roofs so each owner only needs an HO-6 policy - which is a condo policy.

We're an HOA by statute. The developers never filed a "Declaration of Condominium" for the property and we've always been a homeowners association. I never saw the word landominium before, either. I think it's a cutesy term that's not legally defined anywhere, but it sure describes how we're organized here.

Truth be told, we'd be a lot better off if we were legally a condominium because of the roofs and the painting issues that arise on a regular basis, but I understand you can't just switch the form of ownership. You'd have to dissolve the HOA and file a condo declaration anew. All with the participation and approval of the county, not to mention the consent of all owners and their mortgagees. Not gonna happen.
GenoS (Florida)
Posts: 4,276
Posted:
Forgot to mention we also have a couple of tennis courts (that nobody uses). No dog park, though. 100 homes on 25 acres with private roads and a single gated entrance/exit going in and out.
JeffT2 (Iowa)
Posts: 880
Posted:
Some condominiums in Sun City Center, FL have separate houses that are the condo “units.” I think the unit is described as both the lot and the house. The association cuts all the grass and does the front-yard landscaping, the owner does the back yard gardening and all maintenance on the house.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Our HOA is a combination of Duplexes (side by side, single story homes) which was Phase 1. Phase 2 are single homes (as in no duplexes) consisting of both one and two story homes. Each of our homes sit on a plot of land owned by the homeowner. All outside maintenance (landscaping, exterior home shell, roofing, etc.) is done by the association and one cannot make any changes to such without HOA approval. Yes one owns their plot of land but they cannot do as they wish with it. As an example, you cannot even plant a bush in your yard without HOA approval and you would play hell getting such approval as we like to keep the look the same.

One exception is each home has a backyard enclosed by a 6ft high privacy fence. One can do as they wish in their fenced area as long as what they do does not exceed the height of the fence. Want to plan a bush there? Feel free to do so as long as the bush does not exceed the height of the fence.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By GenoS on 03/30/2017 12:05 PM

We're an HOA by statute. The developers never filed a "Declaration of Condominium" for the property and we've always been a homeowners association. I never saw the word landominium before, either. I think it's a cutesy term that's not legally defined anywhere, but it sure describes how we're organized here.

Truth be told, we'd be a lot better off if we were legally a condominium because of the roofs and the painting issues that arise on a regular basis, but I understand you can't just switch the form of ownership. You'd have to dissolve the HOA and file a condo declaration anew. All with the participation and approval of the county, not to mention the consent of all owners and their mortgagees. Not gonna happen.

I feel for you .... LOL. After your description I understand why you should possibly be considered a condominium but unfortunately you are an HOA by Law. You do understand your answers will lie in your documents and State Laws ... and sometimes tough ...

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