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MikeS1
Posts: 668
Posted:
We're in Virginia. Having gone through two MCs that we're NOT very proficient with their record keeping or inspections, there are numerous physical property files where we have no ACC(Architectual Change Request) on file; but it's obvious that there's a new deck that's practically new and/or other changes have occurred; and we can't really tell when the change took place, nor can we tell if the current owner made the change or previous owners made the changes.

The question here is this - If the HOA doesn't catch the changes prior to the sale of the home, does this change become grandfathered?... or can we still require the current owner or contract purchaser to file an ACC application and comply with the Architectual guidelines. We have a current case where the change has been recent, but the current owner contends that the previous owner made the change. Of course we know that the deck was permitted and we can check the permit date. So if the changes were made by previous owners, then where does the HOA stand? Any ideas on this?
CharlesW1 (Georgia)
Posts: 826
Posted:
MikeS1,

Have you resolved the situation as of yet? I'm rather new to this forum, although there is a topic posted you may find rather informative. It’s on this forum “New HOA and "grandfather" previous improvements” You may want to check it out.

I know it’s been some time, but I was just curious!

Chuck W.

Charles E. Wafer Jr.
JosephW (Michigan)
Posts: 882
Posted:
The first thing to consider is whether or not the changes would be OK. If they can be squeezed in under the current ARC restrictions, then you probably don't want to pick a fight. If they are blatantly out of line, you can probably still get them removed, unless the owner can come up with a permit letter, even from a prior owner. As far as your concerned, you don't have one on file. (By the way, from now on require the management company to copy you with all paperwork, have them put it in digital form, so the boar has an electronic copy of all applications, reports, correspondence, etc.)

You will need to check your documents and the Virginia Property Owners Act to make sure that there isn't an automatic OK if the association doesn't respond to a request within a certain time frame. Some state and documents say that if the board doesn't respond in 30-45 days, the request will have been deemed to be granted.

Also, you should know that when you try to go back and correct something, you usually end up in fight, and often in court, so if you decide to correct some of these changes, have your attorney go over the possible outcomes with you.

A suggestion that I often make is for the association to take digital photos of the front, back and sides of a unit in order to establish a base against which they can tell if changes have been made without their OK. When they do OK one, take new photos with the change showing.

Hope this helps a little.

Joe

Joseph West
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RobertK (Virginia)
Posts: 4
Posted:
Your mandatory POA disclosure must indicate so. Pay attention to the 55-512 part 4 and 13. If they have thier disclosure agreement (and they will) and it's not in it...there isnt anything they can do. BEEN THERE DONE THAT!

§ 55-512. Contents of association disclosure packet; other requirements.

A. Subject to the provisions of subsections C and F, the association shall make available to an owner or his authorized agent within 14 days after receipt of a written request therefor and receipt of the appropriate fee, an association disclosure packet, which, upon receipt, the seller shall deliver to the purchaser. The information contained in the association disclosure packet shall be current as of a date specified on the association disclosure packet. If hand or electronically delivered, the written request and fee are deemed received on the date of delivery. If sent by United States mail, the request and fee are deemed received six days after the postmark date. An association disclosure packet shall contain the following:

1. The name of the association and, if incorporated, the state in which the association is incorporated and the name and address of its registered agent in Virginia;

2. A statement of any expenditure of funds approved by the association or the board of directors which shall require an assessment in addition to the regular assessment during the current year or the immediately succeeding fiscal year;

3. A statement, including the amount of all assessments and any other mandatory fees or charges currently imposed by the association and associated with the purchase, disposition and maintenance of the lot and to the right of use of common areas, and the status of the account;

4. A statement whether there is any other entity or facility to which the lot owner may be liable for fees or other charges;

5. The current reserve study report or summary thereof, a statement of the status and amount of any reserve or replacement fund and any portion of the fund allocated by the board of directors for a specified project;

6. A copy of the association's current budget or a summary thereof prepared by the association, and a copy of its statement of income and expenses or statement of its financial condition for the last fiscal year for which such statement is available;

7. A statement of the nature and status of any pending suit or unpaid judgment to which the association is a party which either could or would have a material impact on the association or its members or which relates to the lot being purchased;

8. A statement setting forth what insurance coverage is provided for all lot owners by the association, including any fidelity bond maintained by the association, and what additional insurance would normally be secured by each individual lot owner;

9. A statement that any improvement or alteration made to the lot, or uses made of the lot or common area assigned thereto by the prior lot owner, are not in violation of any of the instruments referred to in subdivision 12 of this subsection;

10. A statement setting forth any restriction, limitation, or prohibition on the right of a lot owner to place a sign on the owner's lot advertising the lot for sale;

11. A statement setting forth any restriction, limitation, or prohibition on the right of a lot owner to display any flag on the owner's lot including, but not limited to reasonable restrictions as to the size, place and manner of placement or display of such flag and the installation of any flagpole or similar structure necessary to display such flag;

12. A copy of the current declaration, the association's articles of incorporation and bylaws, and any rules and regulations or architectural guidelines adopted by the association;

13. A copy of the notice given to the lot owner by the association of any current or pending rule or architectural violation;
JosephW (Michigan)
Posts: 882
Posted:
Good catch, I had forgotten about VA's upgraded disclosure notice.

Joe

Joseph West
Official HOATalk.com Sponsor
Community Associations Network, LLC
www.CommunityAssociations.net

*See legal notice below (end of page) or go to www.hoatalk.com/legal

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