Disclosures to New Residents

§ 55-512. Contents of association disclosure packet; other requirements.

A. Subject to the provisions of subsections C and F, the association shall make available to an owner or his authorized agent within fourteen days after receipt of a written request therefore and receipt of the appropriate fee, an association disclosure packet, which, upon receipt, the seller shall deliver to the purchaser. The information contained in the association disclosure packet shall be current as of a date specified on the association disclosure packet. If hand or electronically delivered, the written request and fee are deemed received on the date of delivery. If sent by United States mail, the request and fee are deemed received six days after the postmark date.

An association disclosure packet shall contain the following:
1. The name of the association and, if incorporated, the state in which the association is incorporated and the name and address of its registered agent in Virginia;
2. A statement of any expenditure of funds approved by the association or the board of directors which shall require an assessment in addition to the regular assessment during the current year or the immediately succeeding fiscal year;
3. A statement, including the amount of all assessments and any other mandatory fees or charges currently imposed by the association and associated with the purchase, disposition and maintenance of the lot and to the right of use of common areas, and the status of the account;
4. A statement whether there is any other entity or facility to which the lot owner may be liable for fees or other charges;
5. The current reserve study report or summary thereof, a statement of the status and amount of any reserve or replacement fund and any portion of the fund allocated by the board of directors for a specified project;
6. A copy of the association's current budget or a summary thereof prepared by the association, and a copy of its statement of income and expenses or statement of its financial condition for the last fiscal year for which such statement is available;
7. A statement of the nature and status of any pending suit or unpaid judgment to which the association is a party which either could or would have a material impact on the association or its members or which relates to the lot being purchased;
8. A statement setting forth what insurance coverage is provided for all lot owners by the association, including any fidelity bond maintained by the association, and what additional insurance would normally be secured by each individual lot owner;
9. A statement that any improvement or alteration made to the lot, or uses made of the lot or common area assigned thereto by the prior lot owner, are not in violation of any of the instruments referred to in subdivision 12 of this subsection;
10. A statement setting forth any restriction, limitation, or prohibition on the right of a lot owner to place a sign on the owner's lot advertising the lot for sale;
11. A statement setting forth any restriction, limitation, or prohibition on the right of a lot owner to display any flag on the owner's lot including, but not limited to reasonable restrictions as to the size, place and manner of placement or display of such flag and the installation of any flagpole or similar structure necessary to display such flag;
12. A copy of the current declaration, the association's articles of incorporation and bylaws, and any rules and regulations or architectural guidelines adopted by the association;
13. A copy of the notice given to the lot owner by the association of any current or pending rule or architectural violation;
14. A copy of the fully completed one-page cover sheet developed by the Real Estate Board pursuant to § 54.1-2105.1; and
15. Certification, if applicable, that the association has filed with the Real Estate Board the annual report required by § 55-516.1; which certification shall indicate the filing number assigned by the Real Estate Board and the expiration date of such filing.

Failure to receive copies of such documents shall not excuse any failure to comply with the provisions thereof.
The disclosure packet, once received by the seller from the association, shall be delivered by the seller to the purchaser. The association shall have no obligation to deliver the disclosure packet to the purchaser of the lot. The disclosure packet required by this section, shall not, in and of itself, be deemed a security within the meaning of § 13.1-501.

B. The purchaser may submit a copy of the contract to the association with a request for assurance that the information required by this section previously furnished remains materially unchanged, or, if there have been material changes, a statement specifying such changes. The purchaser shall be provided with such assurances or such statement within ten days of the receipt of such request by the association. The purchaser may be required to pay a fee for the preparation and issuance of the requested assurances. The fee shall reflect the actual cost incurred by the association in providing such assurances but shall not exceed ten cents per page of copying costs or a total of fifty dollars for all costs incurred in updating the association disclosure packet. The association may also collect from the purchaser the actual costs incurred of any mailing or delivery requested by the purchaser pursuant to this subsection.

C. The association may charge a fee for the preparation and issuance of the disclosure packet required by this section. Any fee shall reflect the actual cost of the preparation of the packet, but shall not exceed ten cents per page of copying costs or a total of $100 for all costs incurred in preparing the association disclosure packet, except that the association, upon mutual agreement with the seller, may collect for actual costs incurred, in addition to any fee charged pursuant to this subsection (i) a rush fee, not to exceed twenty-five dollars, for furnishing the resale certificate within three business days from the actual receipt of the request, (ii) the actual cost of any mailing or delivery requested by the seller pursuant to this subsection, and (iii) any actual cost incurred at the request and with the consent of the purchaser. Neither the association nor its management agent, if any, shall require cash or certified funds unless the lot owner is delinquent in any payments due to the association in excess of thirty days or if a check of the lot owner made payable to the association was returned for insufficient funds within the last six months.

D. When a disclosure packet has been issued as required by this section, the association shall, as to the purchaser, be bound by the statements set forth therein as to the status of the assessment account and the status of the lot with respect to any violation of any of the instruments referred to in subdivision 12 of subsection A as of the date of the statement unless the purchaser had actual knowledge that the contents of the disclosure packet were in error.

E. If the association has been requested to furnish the disclosure packet required by this section and has been paid the appropriate fee, its failure to provide the disclosure packet in substantially the form provided herein within fourteen days from the actual receipt of the request by an officer, director or agent of the association shall be deemed a waiver of any claim for delinquent assessments or of any violation of the declaration, bylaws, rules and regulations, or architectural guidelines existing as of the date of the request with respect to the subject lot. The association shall be liable to the seller in an amount equal to the actual damages sustained by the seller in an amount not to exceed $500. The purchaser shall nevertheless be obligated to abide by the declaration, bylaws, rules and regulations, and architectural guidelines of the association as to all matters arising after the date of the settlement of the sale. The settlement agent, as defined in § 6.1-2.20, when transmitting funds to the association or otherwise upon request, shall provide the association with (i) the name of the seller, (ii) the name and address of the purchaser, (iii) the address of the subject property, (iv) the date of settlement, and (v) a brief explanation of the application of any funds transmitted. Providing a copy of the HUD-1 settlement statement, unless otherwise prohibited, shall satisfy these requirements.

F. The contract disclosures required by § 55-511 and the disclosure packet required by this section need not be provided in the case of:
1. A disposition of a lot by gift;
2. A disposition of a lot pursuant to court order if the court so directs;
3. A disposition of a lot by foreclosure or deed in lieu of foreclosure;
4. A disposition of a lot that is zoned for or otherwise restricted to nonresidential use; or
5. A disposition of a lot to a person or entity who is not acquiring the lot for his own residence or for the construction thereon of a dwelling unit to be occupied as his own residence, unless requested by such person or entity. If such disclosures are not requested, a statement in the contract of sale that the purchaser is not acquiring the lot for such purpose shall be conclusive and may be relied upon by the seller of the lot. The person or entity acquiring the lot shall nevertheless be obligated to abide by the declaration, bylaws, rules and regulations, and architectural guidelines of the association as to all matters.

G. In any transaction in which a disclosure packet is required and a trustee acts as the seller in the sale or resale of a lot, the trustee shall obtain the disclosure packet from the association and provide the packet to the purchaser.

No Soliciting Policy

There have been numerous inquiries concerning what should be done about SOLICITORS within our community. The short version is the signs we have posted at the main entrances pertain to individuals and/or organizations selling products or services (with the exception of fresh farm products).

However, these signs do not pertain to members of nonprofit religious, civic or charitable organizations. If a solicitor comes to your home and is not a member of a nonprofit religious, civic or charitable organization, the best thing to do is to call the police. For more information you can read excerpts from the county statutes concerning soliciting. We hope this information helps clarify the issue.

No Soliciting On These Premises

Sec. 15-161. Definitions.

Chief of police: The Chesterfield County Police Chief or his designee.

Solicitor: A person who goes from door to door or location to location visiting residential premises for the purpose of selling or offering for sale any goods, wares, merchandise or services or accepting subscriptions or orders therefore.

Sec. 15-162. Issuance of permit; renewal.

(a) No person shall enter into or upon a residential premises within the county for the purpose of soliciting, unless he has received a permit from the chief of police.

(b) Information required on the solicitor permit application shall include, but not be limited to, the following:

(1) The name, local and permanent addresses, age, date of birth, social security number, race, weight, height, hair and eye color and any other distinguishing characteristics of the applicant, which shall be verified by an automobile operator's license or other photo identification issued by a government agency.

(2) The nature or purpose for which solicitations will be made and the nature of the goods, wares, merchandise or services offered for sale

(3) The name and permanent street address of the employer or organization represented.

(4) A photograph of the applicant and fingerprints of the applicant.

(5) A statement of whether the applicant has been convicted of any felony or misdemeanor and, if so, the nature of the offense, when and where the conviction occurred and the penalty or punishment assessed therefor.

(6) The make, model and license number of any vehicle to be used.

(7) The specific area or areas of the county where the solicitor will be working.

(8) Written authorization to conduct a background investigation of the applicant, including a criminal records check, and to investigate whether the information provided by the applicant is true.

(9) Written declaration, dated and signed by the applicant, certifying that the information contained in the application is true and correct.

(c) The applicant shall not be issued a permit if a county investigation or the information furnished in compliance with this article shows that the applicant has been convicted of a felony or a crime involving moral turpitude, had a prior permit revoked, or is not of good moral character. A permit issued under this article shall be good for 30 days from the date of issuance unless earlier revoked. Every solicitor shall carry his permit with him at all times while engaged in soliciting, and shall display such permit to any person who shall demand to see the permit while he is so engaged.

(d) A solicitor's permit which has expired may be renewed for an additional 11-month period, upon the execution of a renewal application setting forth one of the following: (i) a certification that the statements made in the original application are still true and accurate statements at the time the renewal application is filed, or (ii) all changes in the original application required by a change in facts since the date of filing the original application. Applications for renewal must be made within 15 days after the expiration of the original permit. Those applications for renewal made after this period shall be considered applications for a new permit

Sec. 15-164. Unlawful acts and penalty.

(a) It shall be unlawful for any person to act as a solicitor in the county without obtaining a permit as provided for in this article.

(b) It shall be unlawful for any permittee to:

(1) Enter into or upon residential premises in the county under false pretenses to solicit for any purpose, including soliciting orders for the sale of goods, wares, merchandise or services.

(2) Remain in or on any residential premises after the owner or occupant has requested any such person to leave.

(3) Enter upon any residential premises for soliciting, when the owner or occupant has displayed a "No Soliciting" sign or similar sign on such premises.

(4) Knowingly give false information or withhold information in obtaining a permit.

(5) Sell, distribute, or circulate literary materials, or canvass or solicit orders for literary materials, goods or merchandise from pedestrian or vehicular traffic on or adjacent to any streets within the limits of the county, in a manner that interferes with normal and usual use of such streets.

(6) Engage in solicitation at any time prior to 9:00 a.m. or after 9:00 p.m. , local time, of any day.

(7) Fail to provide a written order or invoice, in duplicate, which
(i) shows the name and address of the firm represented by the solicitor,
(ii) is signed by the solicitor, and
(iii) is signed by the purchaser, stating the terms and conditions of the sale, describing the goods, wares, or merchandise, the quantity and price thereof, the date of sale, or the date of delivery, and the amount paid in advance, if any. The duplicate of such order or invoice shall be given to the purchaser.

Sec. 15-166. Exemptions from provisions of article.

The provisions of this article shall not apply to:
(a) Persons who visit residential premises at the request or invitation of the owner or occupant thereof.

(b) Members of any nonprofit religious, civic or charitable organization who have means of identification provided by such organization.

(d) Route deliverymen who make deliveries to regular customers and whose solicitation is only incidental to their regular deliveries.

(e) Persons selling fresh farm products.

(f) Persons licensed under the provisions of Code of Virginia, tit. 38.2.

(g) Persons engaged in canvassing for or on behalf of political candidates, or referenda.

(h) Persons 12 years of age or under.

(i) Persons collecting or attempting to collect a payment due from a purchaser if the collector and original seller are not the same.

(j) Persons licensed to do business in the county under chapter 6, except for peddlers, transients and junk dealers.