D. FEES, ASSESSMENTS, AND DEPOSITS

FCHOA Purchaser's Handbook - Revision Date: 2021-01-10

1. The Architectural Review Committee charges a fee to review new construction house and site plans. A lesser fee is charged for additions and modifications. There is no charge for resubmittals in conformance with the ARC recommendations or requests for changes initiated by the Property Owner/Builder prior to installation. The fee is paid to defray the expenses of the Committee, for example, employee wages and benefits, administrative expenses, signs, supplies, postage, professional architectural and engineering assistance, and the publishing of this Handbook as well as general revenue to the Association.  The ARC may charge a resubmittal fee if plans do not conform with ARC recommendations, are significantly revised or substituted requiring additional plan review, or if changes are made in the field requiring plan review, when such changes were not approved prior to installation.

2. The Homeowners Association charges a fee for new construction, and a separate fee for additions and modifications that exceed $10,000 in construction expense, to help the Association offset the expenses of road/curb and gutter/drainage ditch and other repair and maintenance due to the aggravated maintenance needs caused by the vehicles and equipment serving homesite construction.

3. A general Contractor or a Property Owner acting as its own builder will be required to deposit a surety deposit in accordance with Exhibit “E-1” Surety Deposit Schedule.  The ARC has determined that additional protections in the form of fees and deposits are appropriate for the best interests of the Association, including timely completion of construction.  The ARC reserves the right to reject any applicant or agent for the applicant who has failed, or who the ARC has reason to suspect will fail, to comply with the ARC policies as determined by the ARC Manager.    If the ARC rejects an applicant, the ARC may require an independent 3rd party, acceptable to the ARC, to represent the interest of the Property Owner to act as an agent as discussed herein. 

Those Builders who are or have been involved in violations of the ARC policies or guidelines will also be required to deposit a surety deposit in accordance with Exhibit “E-1” Surety Deposit Schedule.   As long as there are no violations or delinquencies of fees or charges, the Builder’s surety deposit will be returned to the Builder upon successful completion of the job and at the same time as the Owner’s surety deposit is refunded to the Owner.  

Violations on a jobsite could lead to a forfeiture of all or part of the surety deposit as liquidated damages.  Following any forfeiture of a surety deposit while the job is on-going, the ARC may suspend work at that jobsite until the Builder restores the original deposit amount.

4. The Committee collects a deposit as partial assurance that the Property Owner/Builder will comply with plans and specifications approved by the ARC, as well as all policies of the ARC; that the homesite cleanliness requirements are maintained in accordance with the Protective Covenants and Purchaser’s Handbook; that the erosion and sediment controls and other environmental controls are installed and maintained; and, that the drainage ditches or curbs and gutters and other improvements are operable and maintained in accordance with the designed engineering development plans on file with James City County and available from Ford’s Colony. Compliance with the Protective Covenants and Purchaser’s Handbook is expected. However, if, in the opinion of the ARC or its designated Inspector, the jobsite is at any time unsatisfactory, or damage is done to adjacent properties, the Architectural Review Committee may implement one or more of the following actions in an effort to correct any discrepancies:

a. Notification to job site superintendent;

b. Notification to Property Owner/Builder;

c. Temporarily close down construction access to homesite until discrepancies are corrected. (See Exhibit E for fees) 

d. Correct discrepancies using FCHOA resources and charging such expenses against the deposit amount remaining on the homesite;

e. Require the restoration of funds necessary to restore a full deposit amount prior to reopening access to the jobsite;

f. Take necessary legal action on behalf of the Homeowners Association.

g. Refer violations to the Ford’s Colony Covenants Committee.

h. Forfeit all or part of surety deposits held for the homesite as liquidated damages and require sufficient funds to restore the amounts normally held as surety deposits. 

5. Construction progress, adequate to ensure that construction is completed within twelve months of the approval to start construction, in accordance with the Amended & Restated Declaration of Protective Covenants, is subject to periodic review by the ARC.  The ARC Manager will typically inspect a jobsite or review inspectors’ notes at about the sixth month and ninth month periods of jobsite construction to determine the apparent adequacy of construction progress.   The ARC Manager may determine that construction progress is not reasonably consistent with the construction schedule on file with the ARC and that there is reasonable evidence that construction will not be completed within the applicable twelve-month period.  If the ARC Manager so determines, the Owners and Builder will be considered in violation of the ARC’s policies and the Owner will be considered in violation of the FCHOA Amended & Restated Declaration of Protective Covenants.  The ARC Manager may initiate any or all of the remedies listed in this Handbook for violations of the ARC’s policies, including but not limited to, referral to the FCHOA Covenants Committee, as well as require other remedies the ARC Manager determines appropriate to the situation.  Owners may appeal the decision(s) of the ARC Manager to the ARC, by appointment, at the next regularly scheduled ARC meeting or as otherwise scheduled by the Owners and ARC Manager, but no later than 30 days after the date of the violation notice.

6. Upon application to the Architectural Review Committee for refund of the deposit at the end of construction, or when otherwise determined by the ARC Manager, the Committee or its designee will inspect the homesite.  In addition to an architectural, site condition and landscape inspection, there will be a separate drainage and adjacent property area inspection.  If the homesite is considered satisfactory by the Committee, the deposit will be promptly refunded. Construction of improvements must be completed within 12 months unless a specific variance request is granted by the ARC prior to the end of the 12th month. Job sites not completed within the time allowed by the ARC are subject to forfeiture of the surety deposit and to being held in violation of the Protective Covenants.  Any violations not corrected will be subject to disclosure in a FCHOA disclosure package for resale of the property and or home.  Property Owners/Agents may request an inspection by use of Exhibit “D” prior to the 12-month deadline to be eligible for the surety deposit refund; otherwise all homes will be subject to an inspection at the end of the 12-month building period unless an extension has been granted by the ARC.  A re-inspection fee will be charged if any discrepancies require another inspection.

Request for extensions must be made in writing and prior to the 12-month building envelope.  The request shall include an explanation of delay, all elements that remain unfinished and a time schedule for completion.  The ARC will review the application and approve or not approve the request.  A monetary fee will be imposed at the time of application. (See Exhibit E).

7. Completion of a final inspection by the ARC does not exonerate the Owner from violations from the ARC house and site plan approvals that were not discovered or addressed during the inspection process.  The ARC will determine whether a violation will require correction, forfeiture of surety deposit, or other remedies.