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We've answered some of the most Frequently Asked Questions, but please visit the other pages for specifics.
Who is the Property Manager?
The Property Manager is Gail Tarlecki and she can be reached at 302-448-5895 or by email at getpropertymgmt@gmail.com.
What is the development like?
It is a small, 'restricted covenant' protected, secluded subdivision, consisting of 42 total lots. All the homes are custom-built
ranging in size from a minimum requirement of 1800 square feet to over 3000 square feet. There are two roads; the entrance
is off of Old Landing Road onto Fairway Drive and turning left onto a no-outlet street, Club House Drive.
Where is the development located?
The property surrounds the former Old Landing Golf Course and is bordered on the west by Arnell Creek. See the Home Page for
directions.
Are there restrictions?
Yes, and they are filed with the Sussex County Recorder of Deeds. The original 'Declaration of Restrictions' was recorded
in 1978 and a 'First Amendment' was added in 1998. See the Declaration of Restrictions Page for a full reading.
Are there dues?
Yes. Our dues are $400.00 to cover the cost of operations including street lights, snow removal, road maintenance, landscaping
and normal Association business. Payment is due on January 1st but we ask all homeowners to pay by January 31st. There is
a penalty of $25.00 imposed on delinquent accounts in addition to monthly interest charges. A list of delinquent accounts
is published in March.
What kind of house can I build?
A custom built home of at least 1800 square foot for a ranch style and 2000 square feet for a two-story. All plans must be
approved prior to construction. No construction of any kind, including lot clearing, can commence without prior Board approval.
You must allow 30 days for approval of plans once all required items are submitted, but approval often comes sooner than
that. See the Declaration of Restrictions Page for details.
Do I have to start building my house within a certain time after I purchase my lot?
No, there is no time restriction in our covenants on when you have to start building your house. The county does have time
limits for completing construction once a building permit has been issued.
What is considered for the square footage requirement?
The square footage is calculated as 'closed-in living space'. Garages, pass-through areas, porches and decks are not included
in the measurements.
What are the set backs?
The setbacks are 40' front, 20' rear, 15' sides. See the Declaration of Restrictions Page for details.
How do I begin construction (for both new construction and renovations)?
A complete set of plans, including a plot survey showing the location of the house, must be delivered to the Board for review
and approval. No construction of any nature, including lot clearing, may commence without Board apporval. When everything
required is provided properly and timely, the notification process usually can be completed within a few weeks. For new construction,
there is a $25 non-refundable processing fee due with the plans as well as a $1,000 performance bond.
What if I need a variance for some reason?
The Board will consider some degree of variance to construction restrictions. It must be presented in writing, stating the
hardship not having the change would create. Consideration is given first, to existing homes when considering any new variance.
Violation of minimum size, setbacks and some other non-compliance matters will generally not be considered. See the Declaration
of Restrictions Page for details.
Do I have any obligations if I want to sell my lot or house?
Yes! The OLW Owners Association has to be notified when a home is to be sold. That's because the Association has the Right
of First Refusal. That means we have the right to purchase the property at the same price and with the same conditions that
is offered and accepted by a willing buyer. This right must be exercised (or rejected) by the Association within fifteen (15)
days of actual notice of the proposed sale; therefore notice must be given at least 15 days in advance. NOTICE must include
the Contract of Sale identifying the proposed purchaser by name, address and a phone contact number plus the State of Delaware;Seller's
Disclosure of Real Property Condition Report; that indicates a "YES" acknowledgement in the following section;
§ I. - OCCUPANCY @ question 2. ; § II. - DEED RESTRICTIONS, HOMEOWNERS ASSOCIATIONS . . . @ questions 4. thru 12. and § III.
- TITLE . . . @ questions 14. & 15 and a good faith answer to question16.
If there is a violation of the requirement of proper notification of a non-judicial transfer of property, there is a $1000.00
assessment levied against the property. See the Declaration of Restrictions Page for details.
In addition, the new buyer must pay a a $500 capital contribution
In addition, as permitted by the covenants, there is a $200 fee charged for the resal package.
Does the "right of first refusal" mean all homeowners have the opportunity to buy the property at the same price
and conditions?
No, the right of first refusal applies to the Association, not all the individual owners.
Has the Association ever exercised it right of first refusal?
To our knowledge, the right of first refusal has never been exercised by the Association.
Who provides water for the development?
Each lot in the development uses its own well for water. There is no city water available.
Are pets permitted?
Yes, domestic pets are allowed, however, dogs must be leashed and proper curbing is required.
Can I install a tool shed on my lot?
While tool sheds are generally not allowed, the homeowners agreed at their 2013 annual meeting to allow the Board to approve
tool sheds as long as they met the setback requirements, blended with the existing house and were, if possible, not visible
from the street. Important note: Approval is still required from the Architectural Committee.
Can I install a fence on my lot?
Fences are allowed but must be approved by the Architectural Committee and meet the requirements outlined in our covenants.
Given the construction of adjoining developments, at the 2017 annual meeting it was agreed that special consideration should
be given for privacy fences for lots backing up to the new developments.
Can I store a boat, travel trailer or RV on my lot?
No, you are not allowed to store these on your lot. However, temporary parking of such vehicles is permitted.
Can I burn things on my property?
Per State of Delaware rules, residential open burning is allowed for residents domiciled in a private dwelling where no commercial
or industrial activity is conducted. It includes burning small amounts (limited to 27 cubic feet at one time) of cut or fallen
branches, limbs, or shrubbery from their property, so long as it is conducted as far as practicable from any adjacent property.
Such burning is banned during the Ozone Season (May 1 - Sept 30). The rest of the year (Oct 1 - April 30), such burning is
allowed only between 8:00 a.m. and 4:00 p.m.
Recreational open burning activities including cooking fires (limited to 10 cubic feet at one time), campfires (limited
to 27 cubic feet at one time), patio fire pits, or chimenea are allowed throughout the year and during any time of day.
You are not allowed to burn leaves or garbage per State regulations.
Can I put up 'For Sale' or other signs on my lot?
Signs of any nature; political, for sale, rent, construction, etc. are not permitted unless approved in advance by the Board.
However, the Board has made a standard practice of permitting one (1) sign to be placed on a lot when the home is "For
Sale". The sign must come down after the settlement. The Board has also given permission in the past for one (1) sign
to be used by the contractor of record with us, during construction. As a general rule a standard, approximately 30' x 24"
metal frame realtor type sign is what has been approved. Any variation of size and type and number of signs will be considered
on a case-by-case basis.
When is the Annual Meeting?
The Annual Meeting is generally the last Saturday in April. The agenda items include, discussion of assessments / dues, election
of Board members and other other matters.
What if I can't make a meeting?
Voting on most matters is made by a majority in attendance, but proxy votes are always encouraged. If you have ideas, suggestions
or matters that need Committee attention please send them at least two weeks before the Annual Meeting.
What about my grass if I don't live there full time?
It is the owner's responsibility to arrange grass cutting for their lots. If you fail to maintain your lot, the Association
will arrange for a company to cut the grass and bill you for the cost plus an administrative fee.
Can I rent my house?
While there is no prohibition on renting your house, the practice of the community has been to allow for long term rentals
only (i.e., six months or longer).
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