THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Saturday, June 29, 1996 TAG: 9606270302
SECTION: REAL ESTATE WEEKLY PAGE: 30 EDITION: FINAL
COLUMN: Common Ground
SOURCE: G. Robert Kirkland and Michael A. Inman
LENGTH: 69 lines
Our story is a bit different than most. About 10 years ago we brought a townhome while they were still being constructed. With only about 20 percent of the proposed construction actually built, the builder filed for bankruptcy. We had no association thereafter for almost six years. We found we didn't need one, nor did any of the residents in this section wish to establish one.
In the last two years or so, another company purchased the remaining property and built townhomes that are not even close to ours structurally or in the same price range. These new townhomes have an association and they are insisting we become a part of their charter.
We feel we did not purchase their homes nor did we sign their charter and we found we didn't need an association for so many years. Why do we need one now? Are we bound to their association?
You are right when you say your problem is not one shared by most of our readers; yet it does raise a general question that we do hear from time to time and that is: ``What can we do if we want to abandon our association?''
We are, of course, avid proponents of association living because we feel that it provides a structure for common area maintenance and architectural control, among other benefits, which is generally beneficial to property values in any given community. We do recognize that there are exceptions and that those who wish to avoid association living for certain reasons are a legitimate interest group.
Unfortunately, the information you provided was inadequate to give us a firm basis to answer your question. We do not mean to be critical, but to say only that your question is a highly technical one and depends entirely on the wording in the recorded documents.
If a declaration of restrictions was ``put to record'' in the Circuit Court record room when your townhomes were developed, and if that declaration establishes a mandatory association in which all lot owners are members and must pay dues, then it is a requirement that you do so even though you have not done so by apparent mutual consent or lack of knowledge on the part of the various homeowners.
I perceive from your letter that the original townhomes are very well constructed and are being well maintained by the individual homeowners so that, in your opinion, the appearance of the community at this point in time is as good as it can be and that an association would add nothing in the way of a benefit.
While your proposal may be a good one, in light of the lack of participation in the association thus far, from a technical and legal standpoint, if your lot is subject to the same declaration of restrictions as the newer townhomes built by a different builder, you may nevertheless be forced to participate in the association because that's what the documents say and that's what the documents provided for when you bought your lot.
In conclusion, please consider that while the current residents of your community may do the proper maintenance - future owners may not be as attentive and, furthermore, the older the townhomes get the more maintenance will be required.
Will the homeowners maintain a high level of appearance without the association overseeing it? If not, it is likely to affect your enjoyment of your home and the sales price when you decide to sell.
To provide a more finite answer to your question, you would need to retain the services of an attorney to examine the title and/or look over the documents your received at closing in order to determine whether you are subject to an association. MEMO: G. Robert Kirkland, president of a Virginia Beach property
management consulting firm, and attorney Michael A. Inman specialize in
Virginia community association issues. Send comments and questions to
them at 2622 Southern Blvd., Virginia Beach, Va. 23452. To submit
questions by phone, call 486-7265; by fax: 431-0410; by E-mail,
grkirkland(AT)aol.com by CNB