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Realtors & Buyers
When considering a move to an Active Adult Community like Dunbarton, potential buyers should understand exactly what they are buying into.  Once a residential sales contract is ratified, the buyer enters a process governed by the Virginia Resale Disclosure Act. Here is a brief overview of how that works:
 
The Purchase Process
  • The buyer receives a Resale Certificate from our On-Site Cardinal Management team (703-538-9600). This packet includes, among other items, a copy of the Declaration of Covenants, Conditions and Restrictions for the Dunbarton Community Association (referred to throughout this guide as the Declarations).
  • Important: All Buyers should carefully review the entire Resale Certificate Disclosure, especially the Association Rules and Regulations. This is required by Virginia law, and acknowledgment of the review is part of the settlement paperwork. The cost of providing the Homeowner Packet is included in settlement costs.
  • The buyer has a set period to review the Resale Certificate and either accept it - moving forward with the purchase - or decline it, ending the process. 
  • As part of this review period, the buyer and our On-Management team will jointly inspect the exterior of the home for any Association violations. The seller will be given a list of any violations to address, and a re-inspection will be required.
  • Once the buyer accepts the Resale Certificate, they are bound by the terms of the Declaration.
A Note on This Guide: This guide is an informal overview intended to help prospective buyers identify and understand the sections of the Declarations most relevant to their purchase. It is not a substitute for, and does not fulfill, review and signed acknowledgment of the official Declarations document. The Real Estate Professional remain responsible for ensuring their Buyers receive and review the official Declarations as part of the Resale Disclosure process. The Real Estate Professional should contact the on-site HOA Management directly for more information on the Buyers' Capital Contribution fee that is due at settlement. 
 
Declaration Overview: 
 
  Article                                                  What It Covers
Article 1
 
Definitions of terminology used throughout the Declarations.
 
Article 2
The Plan of Development established by the original developer.
 
Article 3
 
Property rights - those of individual owners and those of the Association.
Article 4
 
Membership and voting rights. Every lot owner is a member, and each lot receives one vote in Association matters. (See below)
Article 5
 
Maintenance Assessments - purpose, types (Annual vs. Specified), remedies for
non-payment, and the Reserve Fund Obligation.
Article 6
 
Architectural Control - what exterior changes can be made and how to request approval. Important section for buyers. (see below)
Article 7
 
Permitted and prohibited uses, age requirements, home office rules, leasing, and ownership transfers. Important section for buyers. (see below)
 
Article 8
 
Easements and rights.
Article 9
Maintenance responsibilities - what owners are responsible for vs. what the Association maintains. Note: Individual lawn and garden areas are each the owner's responsibility.
Article 10
 
Insurance requirements for the Association, including property, liability, and coverage for board members and staff.
Article 11
 
Party walls and fences, including disputes and damage responsibilities.
 
Article 12
 
Authority to hire a Management Agent. The Association currently works with Cardinal Management Group.
Article 13
 
General Provisions: Common Area responsibilities, enforcement, violation charges, suspensions, and the amendment process.
(requires approval by 67% of owners - 321 votes)
 
ARTICLE FOUR: Age Requirements: Dunbarton is a 55+ community.
  • At least 80% of homes must be occupied by at least one person age 55 or older.
  • Up to 20% of homes may be occupied by at least one person age 50 or older.
  • Other residents living in the home must be a spouse, cohabitant, a child of the owner who is 18 or older, or an individual providing primary physical or economic care to the age-qualified resident.
To ensure compliance with age requirements, every owner-occupant must provide the Association with the names and ages of all occupants. The Association circulated an Age Survey Affidavit every two years for this purpose. 
 
ARTICLE SIX: Architectural Control:
 
This article governs what changes owners may make to the exterior appearance of their property and how to request approval for those changes. Prospective buyers should read this section carefully to understand what customization is - and is not - permitted.
 
Examples of items addressed in this article include:
  • Exterior paint colors
  • Landscaping changes
  • Storm doors
  • Roof materials and replacements
Any exterior modification must go through the Architectural Control process before work begins. Buyers should review this process thoroughly and contact the On-Site Management team with any questions.
 
ARTICLE SEVEN: This is the most important article for prospective buyers to understand. It covers several distinct topics:
  • A dwelling may be used as a professional home office, subject to limitations.
  • No client visits to the home are permitted.
  • No employees other than the residents of the home are allowed.
  • All use must comply with local zoning provisions.
Prohibited uses and nuisances are also listed, including:
  • Excessive noise
  • Keeping livestock
  • Burning trash
  • Litter accumulation on the property
The article also covers parking restrictions and trash container guidelines.  Buyers should review these individually to understand any implications for their circumstances.
 
Leasing property: Owners/Landlords who wish to lease their property should be aware of the following:
  • All Residential Lease Agreements must use forms approved by the on-site HOA Management Association.
  • Lease agreements must inform the Renters of their obligations under the HOA Declarations.
  • The Owner/Landlord bears full responsibility for their Renter's behavior in the community.
  • The Owner/Landlord are responsible for any Rules and Regulations failures by their Tenants.
  • The Owner/Landlord must notify the on-site HOA Management Association in writing of the name(s) and of any person(s) to whom a proposed lease agreement is to be made, so the on-site HOA Management Association can properly track ownership and occupancy.
We'd love to answer your questions and tell you more about life at Dunbarton.
Contact our on-site HOA Management at 703-530-9600.