THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Saturday, July 9, 1994 TAG: 9407070394
SECTION: REAL ESTATE WEEKLY PAGE: 02 EDITION: FINAL
COLUMN: COMMON GROUND
SOURCE: G. ROBERT KIRKLAND and MICHAEL INMAN
LENGTH: Medium: 78 lines
Q. We are looking to purchase a new home. Some of the homes we have looked at are in a community association. What is a community association and what impact will it have on our choices?
A. The simplest definition of a community association is that it is an automatic membership organization in which membership occurs as the result of purchasing property. In another sense, a community association is like a small town with a town council - only it's governed by a board of directors.
There are many names and types of community associations such as homeowners association, condominium, cooperative and property owner's association.
Each type of association will have a different form of ownership.
In a cooperative, the association owns everything and you purchase a permanent right to occupy the dwelling unit.
The condominium property is owned by all the owners jointly except for the dwelling unit, which is owned by you.
The homeowners association property is owned by the association and you own the dwelling unit.
Regardless of the name or the differences, all community associations have a number of factors in common.
All associations require that you become a member when you purchase property in the association as described in the declaration of covenants, conditions and restrictions. The document is in effect part of the deed for your individual property.
The association will almost certainly require you to pay an assessment for the operation and maintenance of the property.
Each association will have rules and regulations describing various types of conduct that is permitted or prohibited within the boundaries of the association.
This will include architectural rules, rules of conduct and rules covering the usage of property.
The architectural rules will include such items as exterior paint colors, landscaping, the installation of added structures and modification of the existing structures. The rules vary so much from association to association that it is impossible to be specific. We suggest that you review the guidelines of each association before buying.
The rules of conduct will cover areas such as disturbance of the peace and the use of common facilities such as a pool.
The rules regarding usage of the property may include pets, parking regulations or even restrictions on home businesses.
Again, it is important that you take the opportunity to review the rules of any association before purchasing.
For each type of association, there is a rescission period in which you are given the chance to review the restrictions and rules.
The association will provide a copy of the rules for review.
Most problems in associations arise over the failure of a buyer to know the rules before purchasing.
Take the time to be certain that the home you like is in a community compatible with your lifestyle and standards.
Most people who have lived in a community association found it to be a good choice. This is reflected in the proliferation of associations over the last two decades.
Whether that is because of reduced individual maintenance and responsibilities or common recreational facilities, the positive aspects far outweigh the added controls required to make it all work.
By choosing the right association as well as the right home, you will gain greater pleasure out of your home and your neighborhood. MEMO: G. Robert Kirkland, president of a Virginia Beach property-management
consulting firm, and attorney Michael A. Inman specialize in Virginia
community-association issues and are affiliated with the Southeastern
Virginia chapter of Community Associations Institute. Send comments and
questions to them at Real Estate Weekly, 150 W. Brambleton Ave.,
Norfolk, Va. 23510. To submit questions by phone, call 446-2033; fax:
446-2531.
by CNB