COC Procedure

 

CERTIFICATE OF COMPLIANCE PROCEDURES
Resale (Homeowner to Homeowner)
 
The Certificate of Compliance Inspection is a process whereby FCCA inspects all homes within First Colony that are on the market to be sold. The inspection focuses on issues of compliance within our deed restrictions and modification approvals. The purpose of this inspection is to inform both the property seller and purchaser of any outstanding violations that currently exist on that property and to inform the purchaser that deed restrictions are strictly enforced.
 
1)       The property seller has the responsibility for notifying FCCA when their home is on the market. FCCA will also accept requests for inspections from the real estate agent or the title company. A Certificate of Compliance inspection must be requested in writing using the attached form. The form is also available on our web-site www.firstcolony.org. FCCA must receive this request at least fourteen (14) business days prior to the scheduled sale or conveyance of the property, although earlier requests are encouraged. A fee of $75.00 will be included in the Transfer fee and collected at closing.
 
2)       Upon receipt of the request for inspection, FCCA will go out to the house and perform a visual inspection. This inspection will be limited to the exterior portions of the home that are visible from public view. Areas of concern will relate to the condition of the home’s exterior (i.e. brick, stucco, siding, roofing and roof top vents, stacks, etc., gutters, windows, trim, shutters and doors). Landscape matters such as shrubs being of adequate size and quantity, the correct minimum number, size and type of street and yard trees exist, and that the lawn, landscape beds, shrubs and trees are properly maintained. A determination will be made as to the adequacy of mechanical equipment screening. Finally, all modifications will be noted to see if proper approval was obtained and that the modifications were built as they were approved.
 
3)       As a result of the inspection, one of three reports will be issued:
(a)                 Certificate of Compliance - signifies that, as of the date the report was issued, the home is in Compliance with all of the deed restrictions and regulations of FCCA.
(b)           Certificate of Compliance With Provisions   - signifies that, as of the date the report was issued, the home is in Compliance with all of the deed restrictions and regulations of FCCA with the exception of the items specifically noted on the report. It will detail the violations and list what needs to be done to bring the home in full compliance.
(b)                 Certificate of Non-Compliance - signifies that, as of the date the report was issued, the home is not in Compliance with all of the deed restrictions and regulations of FCCA . This generally means that there are one or more significant deed restriction violations. This report will also detail the problems and explain what needs to be done to bring the home into full compliance.
 
4)       The inspection report will be issued within five (5) business days after FCCA receives the official written request form. The original report will be sent to the current property owner.  A copy will be faxed to the seller’s real estate agent or the designated title company if requested on the form. It is the seller’s responsibility to ensure that all of the information in the report is fully disclosed to the buyer or perspective buyer.
 
5)        If the report issued is either a Certificate of Compliance with Provisions or a Certificate of Non-Compliance, and if either of the parties wants a “clean” Certificate of Compliance report to be issued, a re-inspection may be requested after the violations have been cured. A $25.00 re-inspection fee will be charged, and an inspection made to determine if all violations have been cured and if a Certificate of Compliance report can be issued. An additional $25.00 fee will have to be paid for each subsequent re-inspection requested. If a title company is requesting the re-inspection request, FCCA will accept the name and address of the title company and the applicable GF number so that the fee may be collected and transmitted to FCCA with the transfer fee and any other assessments, fines fees, etc.
 
6)       If all of the violations have not been fully cured before closing, it will be up to both the seller and buyer to work out arrangements as to who will be responsible for bringing a home into full compliance. If the buyer takes possession of a home that is not in full compliance, then they become responsible for curing all of the outstanding violations.
 
7)       If the property is sold without the seller requesting a Certificate of Compliance inspection, the property purchaser will be responsible for correcting the violations and will also be subject to any and all remedies available to FCCA for violations, including, but not limited to the power to impose fines – with proper notification, to require the property owner to remedy the violations, or to remedy the violations on FCCA’s own initiative and assess the costs thereof to the property seller and/or the purchaser.
 
8)       If FCCA fails to issue an inspection report within the five (5) business day period, the property owner shall notify FCCA in writing of its failure to issue a report on a timely basis and FCCA shall then issue the inspection report within two (2) business days from FCCA’s receipt of the notice.
 
9)       If FCCA fails to issue either an inspection report after the receipt of both an initial request, a notice of its failure to respond to the initial request and payment of all applicable fees, an inspection will not be required and the seller shall be entitled to a refund of the inspection fee (if paid).
 
10)    The cost for the issuance of a Compliance Inspection report is $75.00 when completed within the five (5) business day timeframe. FCCA can expedite the process with payment of a $200.00 (total) Emergency Inspection fee. Once the fee is paid and after receipt of the written request, FCCA will then issue a report of its findings within one (1) business day.
 
 
This policy was approved by the FCCA Executive Director, based upon the authority by the Board of Directors, on the ________ day of _________, 2006. Changes to this policy may be made at any time without prior notice.
 
 
                                                                                                ____________________________________________
                                                                                                Sherrie  K. Knoepfel, Executive Director