Some Northern Virginia properties have both an HOA and a condo association. You pay both, follow both sets of rules and get paperwork from both.
Why a property can have an HOA and a condo association
A condo building often sits inside a larger community that shares roads, pools or common areas. The larger HOA manages what everyone shares. The condo association manages the building and its units.
What it means for you
- Two sets of dues.
- Two sets of rules, including rental and pet rules.
- Two budgets and two reserve funds to check for special assessments.
- Two resale certificates to review.
Your rights under the Virginia Resale Disclosure Act
- The seller must get the resale certificate from the association and give it to you. This cannot be waived by agreement.
- The association has 14 days after a written request to deliver it. If it does not, the certificate is treated as unavailable.
- You can cancel without penalty. The contract’s period applies. If it sets none, you have three days.
- With more than one association, the period runs from delivery of the last certificate.
- If a certificate was never delivered, you can cancel any time before settlement.
- Cancel in writing, and keep proof of delivery. The burden is on you to show it.
- Your rights end at settlement if you do not use them.
Sources: Va. Code § 55.1-2309 and § 55.1-2312.
What to read in both packets
- Monthly dues and what they cover.
- Reserves and any planned or pending assessments.
- Rules that affect how you plan to use the home.
Part of our guide to owning a home in Virginia.
Talk to Glenn and Gift before you buy
Questions about HOA or condo documents? Call 703-707-0334 or send us your question.
General information for Northern Virginia buyers, not legal or tax advice. Ask your settlement attorney, title company or CPA about your situation.
