Regulations & Legal Matters
Please note - the documents accessible on this page are not a substitute for the Association Disclosure Packet required by the Virginia Property Owners Association Act (VPOAA) for purchasers of property within Glenmore.
The GCA is governed by these legal documents. Most relevant to residents are the Covenants and Restrictions, which lay down the specific responsibilities of the association with regard to management and upkeep of common areas and roads, as well as describe the responsibilities of lot owners. In addition to these documents, the GCA must also comply with the sections of Virginia law known as the Property Owners' Association Act and the Non-Stock Corporation Act.
The following additional regulations and procedures have been introduced by GCA boards over the years, often in an attempt to clarify interpretation of the Covenants and Restrictions.
Regulations with More Specific Details
The GCA has entered into many legally binding agreements over the years:
The GCA has contracted with Community Association Group ("Associa") to provide management services to the association until the end of 2020. At this time they are providing primarily accounting services.
Glenmore's Common Areas, as defined in the plats of Glenmore, were deeded at no cost to the Association by the developer, Glenmore Associates, in July 2010. (Parts of section S and all of section Q2 were excluded due to impending adjustments relating to the developments of the Livengood and Leake properties.) Parcels of "residue" area throughout Glenmore remainder under the ownership of the developer, and were subsequently deeded as common area in 2016.
Common Areas within the Bremerton Cottages and Scottish Homes were deeded jointly to the GCA and either the Bremerton Cottages Association or the Scottish Homes Association. Binding Maintenance Agreements have been recorded with both local associations to define responsibilities for maintenance of jointly owned areas, authority for modifying their use, and resolution of disputes.
Most of Glenmore's roads were deeded at no cost to the Association by the developer, Glenmore Associates, in September 2010. Excluded from the transfer were the new sections of Carroll Creek Road and Farringdon Road servicing the developments at Leake and Glen Oaks. Additionally, provision was been made for Ferndown Lane to be modified to support the new Livengood development.
Roads Deeds of Transfer:
The responsibility for reviewing and approving modifications to residential lots, as well as enforcement of violations to Covenants and Restrictions, was transferred formally from Glenmore Associates to the GCA in November, 2010. Approval for new construction on vacant lots remained with the Architectural Review Board.
ARB and Enforcement Responsibilities from Glenmore Associates:
ARB Responsiblities Agreement (2010)
In November 2011 Albemarle County enacted the dedication to them of land for the Greenway Trail, which borders the Rivanna River. This was proffered by the developer in 1992, and includes land previously owned by Glenmore Associates, Glenmore Country Club, and the GCA. The trail occupies approximately 100 feet alongside the river, and is now maintained by the county Parks & Recreation Department.
Deed of Dedication to County:
Greenway Trail (2011)
In May 2013 an agreement was reached with the developer to provide the GCA a seat on the Architectural Review Board, which approves all new construction, and had previosly been controlled entirely by the developer.
The GCA had one vote, and Glenmore Associates had two votes. Guidelines could only be changed with the agreement of the GCA, and the GCA had to be a party to all approval decisions. In exchange for this, the GCA agreed to forgive the $50,000 debt from a 2007 agreement to mitigate the impact of traffic on Darby Road due to Livengood and Leake developments. The legality of this agreement had been challenged by the developer.
In May 2014 a "Boundary Line Adjustment" was exeuted, whereby various parcels of residual land were deeded by Glenmore Associates to the GCA and BCA as additional Common Area.
In February and July 2016 a final handover agreement and Deed of Trust were enacted with Glenmore Associates, by which all remaining undeveloped land in Glenmore was deeded to the GCA. Additionally, the GCA took full control of the ARB, and Glenmore Associates relinquished all further responsibilities with respect to the Glenmore community.
In 2018 ownership of the Glenmore Country Club changed hands. It was discovered that no formal arrangements were in place for providing access through GCC property to the country trails, including access to the county-owned Rivanna Trail. Two formal easements were put in place to guarantee future access.