Pre-Sale Requirements

When selling a property in Overbrook Shores, per the Reservation and Restrictive Covenants (RR&C’s) #15, a Right of First Refusal, also known as a Consent, needs to be completed by the closing attorney. Owners, realtors and/or attorneys need to reach out to the current treasurer to provide the form and finalize your account before the closing date.


In addition to the Consent, information needed from the Buyer includes: Name, Email address, Phone number (preferably Cell phone with text capability), Mailing address (if other than the Overbrook Shores address), and whether the Buyer expects to be a Full-time or Part-time resident. It is recommended that the Buyer obtain -- and read -- our Covenants, Bylaws, and Rules before finalizing purchase. Additional information for Buyers can be found below on this page. General information about our community can be found on the Community Guide page.


The Seller will need to resolve any issues with their account, including paying any assessments, returning any boat ramp keys (or paying deposit), and resolving any property issues.


Representatives or Buyer or Seller can use the Website Form to contact our Treasurer to facilitate the transfer process. We appreciate your help!


Website Forms

Title
Buying / Selling property in Overbrook Shores

Buyers

Welcome to our Community! We’re delighted that you are choosing to join us. We suggest you take a little time to explore this website for information about us and getting set up in our neighborhood. A few specific things are covered in the expandable menus below. Additional information about living here is covered in our Community Guide.

This is a residential community governed by the Overbrook Shores Homeowners Association (OSHA).

  1. We have Covenants that were created to keep properties in good condition and assure that the Sussex County permitting process for improving properties is followed.
  2. We have Bylaws that define how we run OSHA.
  3. We have Rules that explain some of our expectations in greater detail.

The documents should be obtained by your Realtor or Closing Attorney prior to settlement. We strongly recommend that you read them and ask questions.

  1. By buying property here, the Owner is consenting to abide by all of our governing documents.
  2. The property Owner is responsible for paying dues, seeking permits when required, maintaining their property, and contributing to a safe environment for all residents.

Dues are assessed annually on July 1 and should be paid by July 31.

Some specifics from our Covenants that you may want to be aware of:


Businesses are not permitted here. This includes:

  1. No signage or advertising.
  2. No "foot traffic" -- customers and employees coming and going from your address.
  3. No noxious activities that may interfere with your neighbors' "quiet enjoyment" of their property.
  4. No pumping of water from wells for business purposes.
  5. Noise or disturbances will be referred to the County Constable for enforcement.


We do require permits for certain improvements to property, generally the same improvements that Sussex County requires permits for prior to construction. These include:

  1. New Home
  2. Addition to the home, particularly one that changes the “footprint” of the main home
  3. Pool
  4. Shed or Gazebo
  5. Patio or Deck that changes the “footprint” of the main home
  6. Fence -- may not exceed 4 feet in height


Livestock is not permitted: no chickens, horses, cows, pigs, etc.


Repair or overhauling of vehicles is not permitted here. If a vehicle is not to be used for an extended period of time, it must be removed from the premises.

We are not connected to a public water distribution system. Each home has its own well. If you are purchasing an existing home, it should have a functioning well. If you plan to build a New Home on the property, it may not yet have a well, and you will need to have one dug and a pump installed.

  1. Both the US EPA and the Centers for Disease Control and Prevention recommend annual sampling to ensure optimal water quality.
  2. Wells should also be inspected at least once a year to make sure there are no mechanical problems or whenever you repair or replace any well part.
  3. More frequent testing may be required due to pregnancy, nursing, to prepare formula, if a neighbor has had contaminants or if there has been a change in taste, odor color or clarity.
  4. Test kits available to Sussex County residents with private wells for both chemical and bacteriological for no charge at the Adams State Service Center in Georgetown, Monday-Friday 8:00 AM – 4:30 PM (302) 515-3174
  5. For more information, click HERE to open DHSS website page on private drinking water.
  6. Or click HERE to open a pamphlet

Homes are connected to the sewer system in Sussex County. Owners will be billed by Sussex County on a quarterly basis for this service. Sussex County Sewer (302) 855-7719 https://sussexcountyde.gov/sewer-water

For trash and recycling home pickup service, we would appreciate it if you chose to use Blue Hen (302) 945-9664. Although this is not mandatory, they do give us a community discount -- and the fewer large trucks coming through our development the better.

Our community is in the Delaware Electric Cooperative (DEC) service area.

  1. DEC has an access easement to ensure the safety of repair personnel in case service is required. To safely access the box from the front, personnel use a 10 foot pole. Hence the front of the box has a 10 foot easement and the 4 remaining sides have a 5 foot easement. Please refrain from using landscape you wish to preserve as DEC has the right to remove, cut down or disturb it. See link: DEC Rules for a Safe Planting
  2. You can have your own personal street light installed for less than $9.00 a month and serviced for free by Delaware Electric Coop. Just call (855) 332-9090. OSHA recommended light is the LED Colonial style–no glare. If the bulb burns out, no worries Delaware Electric Coop comes and fixes it. Click HERE to see DEC website for more information

For telecommunications, there are several options. Plans, pricing, and perceived quality vary…if you’re new to the area, you may want to ask some of your neighbors about their experiences.

  1. For landlines (copper wire hardwired into your home), Verizon still – reluctantly – provides this service.
  2. For home internet, there are several options: Verizon, Xfinisty, and Glo-Fiber.
  3. For cellular service, there are also several options including Verizon, AT&T, and T-Mobile.

Xfinity, Verizon, and Glo-Fiber have access easements surrounding pedestals or in-ground utility boxes to safety repair service interrupts specific to your immediate area. Easements are generally 2 to 3 feet in all directions.

Trust Transfers and Refinancing

There are ways in Delaware to transfer real property other than by sale. The most common are Revocable Trusts and Transfer on Death (TOD) Deeds.


While those methods may transfer legal ownership without going through Probate, there are still things that a beneficiary must do.


For a Revocable Trust, information in the Trust document will guide next steps. We recommend consulting a lawyer licensed to practice in Delaware.


For a TOD Deed, you can go directly to the Sussex County Recorder of Deeds to complete the paperwork.


When this process is completed, please let the OSHA Treasurer know about the change. You can use the Contact form for this purpose.


Please note that there are sometimes other steps. When a property is sold, the account is reviewed for payment of dues, fines, liens, and return of boat ramp key. These items follow the property, not the previous owner...so in addition to the property, you would inherit any encumbrances. We appreciate your help in clearing up these issues as soon as possible, so this doesn't slow down a sale at a later time.

Sometimes Owners choose to refinance their property or take out additional loads using the property as collateral. A bank or lending company will usually ask for documentation that the property's account is in good standing -- that is, no unpaid dues or other issues. Please contact the OSHA Treasurer to make sure your account is in good standing, and to get any paperwork that may be required. You can use the Contact form to reach the Treasurer.