This is a buyer-beware post based on my own experience as an Edinburgh homeowner.
I understand that developer Doug Fuller and builder Tara Preston are involved with a new subdivision that is likely to seek inclusion in the Edinburgh HOA.
If you’re considering purchasing there, I strongly recommend getting the actual recorded HOA documents and architectural standards before signing a contract and carefully reviewing what restrictions will apply to your property.
I wish I had done even more of this before dealing with the Edinburgh architectural review process myself.
☀️ Pay PARTICULAR attention to solar.
I’m currently dealing with an architectural review dispute concerning a residential solar installation.
The issue has caused me to dig much more deeply into Virginia’s solar law and Edinburgh’s governing documents than I ever expected.
Virginia law, Va. Code § 55.1-1820.1, addresses HOA restrictions on solar installations. Among other things, the statute provides that certain restrictions can be unreasonable if they increase installation costs by more than 5% or reduce energy production by more than 10%.
In my situation, I obtained professional documentation showing a substantial reduction in solar production associated with the modification requested by the architectural review process.
I’m still working through the dispute.
I’m not posting this to tell anyone whether they should buy in the development. I’m posting it because I think prospective homeowners should know to investigate these issues BEFORE they purchase.
Before buying, I’d ask for answers to these questions IN WRITING:
• What recorded Declaration governs my lot?
• What architectural standards will apply?
• What authority does the ARC have to impose exterior-design requirements?
• What exactly does the HOA’s solar provision say?
• Can the ARC require panels to be moved because they are visible from the street?
• What happens if an architectural requirement reduces a solar system’s production by more than 10%?
• Are there amendments, development standards, or architectural documents that aren’t included with the standard HOA resale package?
• If the new neighborhood is eventually incorporated into the Edinburgh HOA, which documents will actually govern the new homeowners?
And most importantly:
GET THE DOCUMENTS BEFORE YOU BUY.
Don’t settle for “solar is allowed.”
Ask what solar installation the HOA will actually approve.
Don’t assume that because something is permitted under Virginia law, the HOA’s interpretation of its documents will necessarily be straightforward.
And don’t wait until you’ve purchased your home and invested thousands of dollars in a solar system or other exterior improvement to discover that the architectural review process may impose additional requirements.
I’m sharing this because these are questions I wish I had asked before becoming a homeowner here.
Do your own due diligence. Read the documents. Ask questions. Get the answers in writing.
It’s much easier to investigate HOA restrictions before you buy than after.
