Property Management Blog

Before You Buy

Before you move into a community that has a HOA, make sure you can understand and agree to abide by the rules and regulation unique to each community.  Some common guidelines may give the HOA the authority to have oversight of:

• the color of your front door/siding or house trim
• the height and type of fence on your lot
• landscaping changes
• additions to your home like pools, decks, etc.
• the type and number of pets allowed
• the parking of trailers, campers and commercial vehicles
• the exterior maintenance of your lawn and house

Most homeowner and condo associations require that owners submit applications when owners are planning to make exterior changes to their lots and homes. This ensures that the changes are in accordance with the association’s governing documents and avoids the potential for having monetary charges assessed for unapproved changes.

 While You Live There

HOAs exist to provide for representational government of a community and to ensure that the expenses of the association are met in a financially sound manner. That means that dues need to be collected from each owner to pay for items like landscape maintenance, insurance and the cost of maintaining amenities such as walking trails, pools and playgrounds. Paying your dues in a timely manner is important to keep the community up and running smoothly and the Boards of HOAs are required to make sure that all funds owed to the association are collected. Failure to pay may cause the delinquent account to be turned over to the community’s attorney for collection. This is not an avenue most Boards like to pursue, so your home purchase budget should include the cost of the annual assessment (Dues). While HOAs suffer from a lot of bad press, they  are not intended to lessen the enjoyment of owning a home governed by an HOA. The volunteer Boards of these associations are required to enforce the rules and regulations as written to maintain property values and ensure the smooth running of the community’s business. Sales of homes in HOAs remain strong partly because potential purchasers know that someone will be looking out for their interests by keeping the neighborhood neat and attractive.

When You Move Out

When the time comes that you decide to move out of your HOA governed community, there are a few loose ends to tighten before leaving. Make sure any and all improvements/alterations to the exterior of your house and lot were approved by the HOA. If not, you’ll need to apply even though the changes were already made. Having approved applications on file avoids potential violations that may cause a purchaser to think twice before buying your home.

Once this is taken care of, make sure your Dues account is current. If not, all past due assessments and late fees will need to be paid by you at the time of closing. Finally, make sure you or your Realtor orders a Disclosure or Resale Packet to be given to the purchaser, so they too will know all the ins and outs of your community before they determine if your HOA is right for them.

What can you do as an Association to prevent solicitation in your community?  Many people start with posting “No Soliciting” signs on their property, but what does that do, and what legal rights do you have to enforce it?

Solicitation laws are handled at a municipal level, and therefore the laws on how to handle a solicitor can vary from county to county.  Here we will discuss the law as it pertains to Prince William and Fauquier Counties as those are the places we manage the most communities.   

There are some similarities to the law in these two counties, for example, both counties define a solicitor as “someone travelling from house to house, selling or attempting to sell any goods, services, or accepting orders for future goods or services, or to accept or request donations for a charitable purpose.”   Both counties require those soliciting door to door obtain a permit and carry it with them to exhibit to any resident.    Additionally, both counties prohibit door-to-door activity from one-half hour after sunset and one-half hour before sunrise, unless done so by appointment.  Door to door activity, not restricted by the same guidelines (true for both counties) and not considered a solicitor would be:

• Sales related to fresh farm products and newspapers.
• Political party or candidate activity.
• Charitable, educational or religious activity.

Now that we have discussed who and what a solicitor is, what can you do about it?

In Prince William County, a “No Soliciting” sign is not enforceable, however, a properly placed “No Trespassing” sign is, even if the solicitor is permitted by the county.  Additionally, a “No Trespassing” sign at the entrance of community with private streets (those not maintained by VDOT) can be enforced.  If someone disregards these signs, contact the police department, as violators risk losing their license and could be charged with Trespassing. 

In Fauquier County, a “No Soliciting” sign placed on your property is enforceable.  However, not so if placed at the entrance of your community, as it is the homeowner’s individual right to refuse or permit solicitors on their property.  If you encounter someone attempting to solicit at your home, despite the proper signage, contact the police. They will escort them off the property and violator could lose their license and face Trespassing charges.

We hope we addressed your concerns about Door- to- Door Solicitors.  If you have any specific questions regarding solicitation laws, please contact your local jurisdiction. 

If you live in the Northern Virginia area and have been witness to the storms we have in Spring, you have no doubt seen some trees come down. If you were lucky enough to not have yours damaged, then it was more than likely a close neighbor. The immediate effects of these fallen trees was a widespread loss of power for 2-7 days, depending on where you lived, and some damaged to personal property. This leave the question, who is to blame? Well since this directly affects the HOA Management industry we figured we'd chime in...

The underlying theme here, as with most liability cases, is negligence. The general rule is that if your tree falls on your neighbor's property, even if it causes injury to a person, or damage to property, you will not be liable so long as you are not negligent. Furthermore, if the tree fell during a severe storm like we have had, one can claim that this was an "An Act of God". But what constitutes negligence?

The answer depends on all of the facts. Did the tree owner have any knowledge that the tree was a potential hazard? Should the tree owner have noticed that the tree was not in good health due to dead limbs? Did your neighbor complain about the safety of your tree, and yet you took no action? If the answer is yes to any of the proceeding questions questions then you could be potentially negligent in maintaining your property and would be responsible for the repair and clean up to your neighbors property. 

The courts have determined that, in so many words, a healthy tree does not ordinarily fall of its own weight without some exterior force being directed against it and that land owners have a duty to periodically inspect trees on their property to determine whether they are safe to continue to stand. 

In conclusion, the overriding lesson here is for all of us to be responsible homeowners. We don't need the courts to tell us this. We can't control storms, or other Acts of God, but we can do what is right. That means taking all steps necessary to make sure your home is safe and that you are doing what is in your power to make sure your neighbors is too!

Since Board positions are volunteer, and Board members are not professionally trained in association management, it is necessary for us to assist in the implementation of policies and procedures of the associations we manage. Since changing your original governing documents is nearly impossible in most associations in Virginia, the most common method to amend your documents is through a Board Resolution. However, when is it appropriate for a homeowners’ association board to draft a resolution?  Resolutions are more formal than a simple motion.  They should be used whenever the issue is complex, lengthy or formal.  Resolutions are most commonly used when the board must enact rules or formalize policy.  The resolution becomes the basis for consistency around rules and policy and it provides a formal record of the board’s decision.

From time to time we receive calls at our office from Association residents reporting that someone in the neighborhood is operating a business out of their home and effectively turning their quiet residential streets into a booming commercial district. Ok, ok, we are exaggerating about the severity of the situation but the reality is, no one wants to see their community affected by increased traffic, activity, and noise that can be caused by an overambitious entrepreneur/neighbor. But what exactly can the HOA do if this occurs?

Well, as always the first place to look is your community's governing documents and to State and local laws on the subject. The Virginia Property Owner's Association act does not explicitly prohibit home based businesses, or give any mention of them. Therefore, the first place you should turn is your association's governing documents. In our experience, though most associations will prohibit commercial vehicles, and any sort of commercial signage, they will only go as far as deferring the residential zoning code when it comes to in-home business restrictions. 

To address this specific issue we will turn to the local zoning codes of a city where we manage a number of associations, Warrenton, Virginia. The local zoning restrictions of Warrenton are fairly typical of localities across the State of Virginia. If you live in Warrenton, Virginia, and depending on your specific zoning, your HOA will, in essence prohibit either "Home Occupations", or take it a step farther and prohibit "Home Business" unless a special permit is taken out by the homeowner. If you do happen to live in Warrenton, the definition of the above is as follows:

Welcome to the new ARMI HOA blog page! If you’re reading this then you’ve found your way to our new and improved HOA website. We hope the many changes you find will make it easier and faster to find what you need. Aside from now being its own site separate from ARMI’s rental property management services, we have added easy to find portals and shortcuts to take you where you need to go. As we continue to add features, we’ll be requesting your feedback for improvements. Tell us what works and what doesn’t as this site is meant to benefit you as the Board member or owner in your community.