Can the buyer and seller waive the resale certificate?

Section 55.1-2309 says the requirement shall not be waived. Exemptions, if any, are in § 55.1-2317 rather than in a side agreement.

Is the 14-day period a Momentum Properties closing promise?

No. It is the association’s statutory time after a written request to deliver the certificate or have it deemed unavailable.

Do you need the packet before the first visit?

No. Momentum Properties can look at the house first. The settlement agent may still require the certificate before closing.

Answer

What is a Virginia HOA resale packet?

Momentum Properties can look at a Virginia condo, townhouse, or house in an association before the resale packet arrives. The packet is still part of the sale. Virginia’s Resale Disclosure Act tells the seller or the seller’s agent to obtain the resale certificate and give it to the purchaser, and that requirement is not something the parties can waive.

General information, not legal advice. The 14-day period below is a statutory deadline for the association, not a closing date.

Who has to get the certificate?

Virginia Code § 55.1-2309 says the seller or the seller’s agent shall obtain the resale certificate and provide it to the purchaser. The requirement shall not be waived. Unless the transaction is exempt under § 55.1-2317, the association shall deliver the certificate within 14 days after a written request, or it is deemed unavailable. The association shall not require the purchaser’s name before preparing the certificate. The section is at https://law.lis.virginia.gov/vacode/title55.1/chapter23.1/section55.1-2309/.

Fourteen days is the association’s statutory window after a written request. It is not a promise that Momentum Properties closes in 14 days. Order the packet when the contract needs it. Do not treat the website as the association.

Which sales are exempt?

Section 55.1-2317 lists exemptions. One is an initial sale of a unit to a buyer who is not acquiring the unit as their own residence, or for construction of a dwelling to be occupied as their own residence, unless that buyer asks for the certificate. The section also exempts a gift, a court-ordered transfer if the court directs, a foreclosure or a deed in lieu of foreclosure, a sale at auction when the certificate was in the auction package, and a community with no residential units. The text is at https://law.lis.virginia.gov/vacode/title55.1/chapter23.1/section55.1-2317/.

If a trustee is the seller, the statute still expects the certificate unless an exemption applies. Do not skip the packet because the sale feels urgent. Ask the settlement agent which exemption, if any, fits your file.

What is different about an association property?

Dues, parking, rental caps, and an approval step can change whether a buyer can close on the date you want. Tell Momentum Properties the association’s name when you send the address. We look at the house either way. The packet answers questions a walkthrough cannot, such as the balance on your account and the rules a later buyer inherits.

Condos and townhouses are a common reason this packet exists. The property-type page covers what else is different. A single house in an association, including many in Prince William, can need the same certificate.

How should a seller use the packet?

Read it before you promise a tenant or a buyer something the rules forbid. If you are a landlord, the tired-landlord page is the situation guide, and the packet still has to be ordered when the sale requires it. If you want a cash offer, the packet does not replace the written offer or the settlement statement.

Call (540) 547-SELL with the address and the association name. We can look before the packet is in hand, and the settlement agent can still require it before closing.

Parking rules, rental caps, and an unpaid balance are the parts owners most often discover late. Read them before you promise a tenant or a buyer something the rules forbid. A cash offer does not waive the certificate. A listing does not waive it either. If you think an exemption applies, ask the settlement agent which one, and do not skip the request just because the sale feels urgent.

Questions

Can the buyer and seller waive the resale certificate?: Section 55.1-2309 says the requirement shall not be waived. Exemptions, if any, are in § 55.1-2317 rather than in a side agreement.
Is the 14-day period a Momentum Properties closing promise?: No. It is the association’s statutory time after a written request to deliver the certificate or have it deemed unavailable.
Do you need the packet before the first visit?: No. Momentum Properties can look at the house first. The settlement agent may still require the certificate before closing.

Call (540) 547-SELL or send the address.