On August 19th, 1988 Silverbrook Road Associates which was comprised of a number of builders, filed the Declaration of Covenants, Conditions, and Restrictions for the Barrington Community then in its infancy. It declared that any property (lot) held, conveyed, acquired, and occupied was subject to the Covenants and Restrictions set forth in the Declaration. Silverbrook Road Associates then created The Barrington Homeowners' Association, a Virginia non-stock corporation, as the organization to which the powers of owning, maintaining, and administering the community properties and facilities as well as the powers to administer and enforce the Covenants and Restrictions set forth in the Declaration were assigned. In Article II, 2.1, the Covenants state that the owner of a lot which is subject to the terms of the Declaration shall be a member of the Homeowners Association, and that such membership cannot be separated from the ownership of the lot.
What does that mean? Anyone who has purchased a home in Barrington is by virtue of THE LOT a member of the Homeowners Association and must adhere to the Declaration of Covenants, Conditions, and Restrictions. OPTING OUT IS NOT A CHOICE as much as we all would love to do that at one time or another.
Why should you seek ARC approval before embarking on a modification to your home or lot? ARC is Barrington Homeowner Association's instrument to ensure that your plans conform to the standards set forth by the community guidelines and Covenants.
Let us assume you want to sell your home. You did a great job putting in a retaining wall, a goldfish pond, lovely landscaping, and a pretty storm door. A couple of years later, you expanded your deck and added stairs. Your buyer is happy that you are leaving the satellite dish that adorns your roof. So, what is the problem? What have you not done? You have not gotten ARC approval for these projects.
As part of the sales process, Armstong Management Services is required to provide a copy of the Declaration of Covenants, Conditions, and Restrictions to your buyer's agent. The next step is CERTIFICATION by Armstrong Management Services that the property offered for sale is in full compliance with the Declaration and ARC Guidelines. A representative of the ARC will be asked to inspect your property and review your file. Since you have made modifications without getting ARC approval, you are not in compliance. The ARC has NO CHOICE but to notify Armstong Management Services that your property is NOT IN COMPLIANCE as mandated. The information will be sent to your buyer's agent where it can delay or cancel the closing process if the buyer so chooses.
Please take the time to read the Covenants and ARC Guidelines. The quick sale of your home may one day depend on it. If you are not sure that all of the improvements to your home and property were approved by the ARC, give us a call. We will gladly review your file with you and assist you in obtaining retroactive ARC approval.
If your are interested in become a member of the ARC, please contact the ARC Chair (the e-mail link is above) or the BHOA BOD President.