Property Sale

Property Sale in Hunters Creek and Windyn

Since all properties in Hunters Creek and Windyn are individually owned detached single family dwellings, home sales are arranged in the customary manner between the seller and purchaser. However, since each property includes an automatic membership in Hunters Creek Homes Association, the association is involved during each property transfer. Two types of information need to be provided by the association:

1. The Association Disclosure Packet
2. Assessment and Lien Status

The Association Disclosure Packet

Legal Obligation

The seller is obligated by the Virginia Property Owners' Association Act (POAA) to provide the purchaser with an association disclosure packet. Anyone buying or selling a Hunters Creek/Windyn property needs to be aware of Virginia law's requirements for association disclosure packets. The Virginia POAA requires that the seller request a disclosure packet from the association and provide it to the purchaser.

Content

The information in the packet must disclose two kinds of information about the property:

• Whether or not all assessments and other charges have been paid to the association.
• Whether the property is in compliance with all architectural or other regulations or covenants of the association.

The packet must also disclose fourteen different kinds of information about the association, including its financial condition and the information in the covenants and other documents recorded among the land records of Fairfax County, the association's articles of incorporation and bylaws, and any rules and regulations or architectural guidelines adopted by the association. Although some of this information is contained in the current Hunters Creek Homes Association Community Handbook, other information about the association's current condition is not contained in the handbook. Thus, the Community Handbook alone cannot substitute for the disclosure packet. Neither can the disclosure packet created for a previous purchase of the property, since the status of assessments, liens, and the association and the requirements of state law may have changed.

The Intent of the Legal Requirement

The intent of the legislation is to protect the purchasers by informing them that the property is located in a development that is subject to the Virginia POAA and by providing them official certification from the association of the status of assessments and architectural compliance or violations. The disclosure packet also protects the sellers, since it can provide official certification that the property is in compliance. The packet includes a form that the purchasers sign and return to the sellers. This gives the sellers documentation that they have provided the required information to the purchasers. If the sellers do not provide a disclosure packet, the POAA permits the purchasers to cancel the contract at any time prior to settlement. Thus, it is very important that the sellers provide a disclosure packet to the purchasers.

The Process

Considering the speed with which sales often occur in Northern Virginia, our association makes a substantial effort to move through packet preparation and certification quickly. If there are no violations or other complications, the association can often complete this process within several days. The POAA permits the association to charge a fee to the seller for the packet, the current fee being $100. In order to request a disclosure packet, contact any member of HCHA board as listed in The Communicator or on this web site.

Assessment and Lien Status of the Property

The settlement agent or title company will need to confirm the status of the property's annual assessment payment and any other assessments or liens against the property by the association. This information can be obtained by requesting it from any member of the board or from the treasurer of the association. Any lien against the property would be filed with Fairfax County and would be evident during the title search prior to settlement.