Brian, can a buyer waive her rights under Virginia Property Owner’s Association Act?

In a word, no. Va. Code § 55-509.4, which sets forth the Act’s contract disclosure requirements and rights of cancellation, says:

F. Except as expressly provided in this chapter, the provisions of this section and § 55-509.5 may not be varied by agreement, and the rights conferred by this section and § 55-509.5 may not be waived.

(emphasis added).  So, that would seem to be a pretty definitive statement.  In fact, I’m pretty sure Lem Marshall takes the position that this provision means the REIN contract requirements obligating a buyer to acknowledge receipt, etc. or waive are not valid and enforceable.  Now, I’m not sure I would go that far but it is certainly possible a court might so rule.  I would point out though that under the Act a buyer does waive the right to cancel if not exercised by settlement.

As a practice pointer I would like to see our agents get an email from buyer clients acknowledging they have read and understand the packet, which might be prompted by a “do you have any questions” sort of email to them (print the reply).

Feel free to contact me if you have questions.