When buying or selling a home in Guilford it is important to recognize the responsibilities and obligations created by the Deed and Agreement. A copy of the Deed and Agreement should always be provided to buyers at closing and the covenants governing the property explained. It is also helpful if a copy of the Architectural Guidelines is provided.
Sellers and buyers should ensure that the home has no outstanding covenant violations either related to the payment of mandatory maintenance charges or compliance with the Architectural Guidelines. Information concerning the status of maintenance charges should be obtained from the Association’s management agent. The Association through the Architectural Committee may have issued a letter indicating covenant issues related to the property’s exterior or there may be issues that could be identified.
Sellers and buyers should be aware that failure of the Association to enforce covenant violations does not waive its right to do so in the future. The Association does not “grandfather” violations. Also, the existence of non-compliant materials does not mean that they can be replaced with like materials or that they are not in violation of the standards. It is a protection to seller and buyer for a seller to obtain a letter from the Architectural Committee at time of sale.
As required by the Maryland Homeowners Act, any outstanding covenant issues must be fully disclosed to the buyer by the seller. We urge home owners to resolve any outstanding covenant issues prior to putting a home on the market.