Potomac Yard (Alexandria) HOA — Issues?

[Anonymous]

I doubt it. All HOA and insurance lawyers care about are billable hours, and they don't care if their client loses.

[Anonymous]

Anonymous wrote:I doubt it. All HOA and insurance lawyers care about are billable hours, and they don't care if their client loses.

I could not agree more. Unfortunately, I think it will take a couple of lawsuits for the community to realize how harmful these HOA lawyers and predatory communuty managers are. They both get paid regardless if the HOA is in the wrong.

[Anonymous]

Anonymous wrote:Considering buying in this community in alexandria. But based on google searches, am seeing lots of controversy about their HOA — especially from one angry homeowner. Search YouTube too. Also possible lawsuits?

Is this one homeowner an outlier or just disgruntled? Or is this is a systemic issue?

Last thing I need is an HOA headache. Anyone have info or background? Am I worrying too much?

OP: Did you get your answer?

[Anonymous]

Anonymous wrote:

Anonymous wrote:I doubt it. All HOA and insurance lawyers care about are billable hours, and they don't care if their client loses.

I could not agree more. Unfortunately, I think it will take a couple of lawsuits for the community to realize how harmful these HOA lawyers and predatory communuty managers are. They both get paid regardless if the HOA is in the wrong.

First Service is in waaaaaaay over their head. I bet they fold before trial.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I doubt it. All HOA and insurance lawyers care about are billable hours, and they don't care if their client loses.

I could not agree more. Unfortunately, I think it will take a couple of lawsuits for the community to realize how harmful these HOA lawyers and predatory communuty managers are. They both get paid regardless if the HOA is in the wrong.

First Service is in waaaaaaay over their head. I bet they fold before trial.

Who’s First Service now?? This neighborhood sounds like a chaotic dumpster fire.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I doubt it. All HOA and insurance lawyers care about are billable hours, and they don't care if their client loses.

I could not agree more. Unfortunately, I think it will take a couple of lawsuits for the community to realize how harmful these HOA lawyers and predatory communuty managers are. They both get paid regardless if the HOA is in the wrong.

First Service is in waaaaaaay over their head. I bet they fold before trial.

I thought no trial was necessary bc it’s a purely legal question. Make up your mind, Frank.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I doubt it. All HOA and insurance lawyers care about are billable hours, and they don't care if their client loses.

I could not agree more. Unfortunately, I think it will take a couple of lawsuits for the community to realize how harmful these HOA lawyers and predatory communuty managers are. They both get paid regardless if the HOA is in the wrong.

First Service is in waaaaaaay over their head. I bet they fold before trial.

Who’s First Service now?? This neighborhood sounds like a chaotic dumpster fire.

If youre gonna jump in, at least know whats going. Frank is gonna dunk on y'all.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I doubt it. All HOA and insurance lawyers care about are billable hours, and they don't care if their client loses.

I could not agree more. Unfortunately, I think it will take a couple of lawsuits for the community to realize how harmful these HOA lawyers and predatory communuty managers are. They both get paid regardless if the HOA is in the wrong.

First Service is in waaaaaaay over their head. I bet they fold before trial.

Who’s First Service now?? This neighborhood sounds like a chaotic dumpster fire.

FirstService Residential is the unscrupulous property management company whose goal is to squeeze as much money as possible out of honest HOA due paying members. The third rate HOA layers are in on the same scam. I am not sure why Potomac Yard HOA members pay FirstService 260k plus per year when we own no buildings, limited land, and don't have a pool, gym, clubhouse, elevators. I have no idea what the community manager manages ? Perhaps the unlawful parking policy for the 23 townhomes that don't have dedicated parking? Does the community manager receive kickbacks for towing ?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Not going near this community with a 10 foot pole. Seems like a combination of nutty HOA drama and crazy litigious maga. Not a good combination. Like The Villages for overpaid, over educated DC consultant twerps. .

You should have made this decision before you bought your ungarage town home.

People who bought these were promised a dedicated spot. And they reasonably relied on that promise. You can’t just take it from them without due process.

There was nothing stopping the developer from inserting a provision in the Declaration stating 46 of the 52 common area parking spots will be assigned to the ungarage town home owners. Also, there was nothing stopping you from selecting a town with a garage. Not to mention, you had 5 days to opt out.

[Anonymous]

Nobody will take my parking spot. This case will fail. Guaranteed. Waste of money for Frank. He’ll also owe attorneys fees when he fails.

[Anonymous]

Anonymous wrote:Nobody will take my parking spot. This case will fail. Guaranteed. Waste of money for Frank. He’ll also owe attorneys fees when he fails.

Synopsis of Virginia HOA parking spot cases by law firm LeClairRyan:
https://www.lexology.com/library/detail.aspx?g=60be6243-a3e4-4364-a759-684084ee452b

This article covers Sully Station, White v Boundary and Manchester Oaks. There is a recent case, Telegraph Square Condo, following these precedents. All cases where the HOA/condo assoc assigned common area parking spaces to individual owners. In all cases, the associations lost and the homeowner won.

Summary (from the article): Lessons we can learn from these cases:
Just because a policy seems fair to your board or association doesn’t necessarily mean that it is fair or legal. Refer to your governing documents, and, when in doubt, seek legal advice.

Governing documents should be drafted to define clearly the common areas/elements and limited common areas/elements in your development, as well as what common elements may be converted into limited common elements and whether and how common areas/elements may be designated for the use of certain unit owners.

Rules and regulations cannot be adopted pursuant to powers granted to the board in the bylaws if the rule or regulation would have the effect of divesting owners of rights in the common area/elements granted or reserved to them in the declaration.

Unless the documents provide specific authorization, an association has no right to convert common elements to limited common elements or to assign rights to use common areas/elements unequally among lot/unit owners.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Nobody will take my parking spot. This case will fail. Guaranteed. Waste of money for Frank. He’ll also owe attorneys fees when he fails.

Synopsis of Virginia HOA parking spot cases by law firm LeClairRyan:
https://www.lexology.com/library/detail.aspx?g=60be6243-a3e4-4364-a759-684084ee452b

This article covers Sully Station, White v Boundary and Manchester Oaks. There is a recent case, Telegraph Square Condo, following these precedents. All cases where the HOA/condo assoc assigned common area parking spaces to individual owners. In all cases, the associations lost and the homeowner won.

Summary (from the article): Lessons we can learn from these cases:
Just because a policy seems fair to your board or association doesn’t necessarily mean that it is fair or legal. Refer to your governing documents, and, when in doubt, seek legal advice.

Governing documents should be drafted to define clearly the common areas/elements and limited common areas/elements in your development, as well as what common elements may be converted into limited common elements and whether and how common areas/elements may be designated for the use of certain unit owners.

Rules and regulations cannot be adopted pursuant to powers granted to the board in the bylaws if the rule or regulation would have the effect of divesting owners of rights in the common area/elements granted or reserved to them in the declaration.

Unless the documents provide specific authorization, an association has no right to convert common elements to limited common elements or to assign rights to use common areas/elements unequally among lot/unit owners.

Totally different facts here. You know that, Mr. Frank. This case will be dismissed at summary judgment and plaintiff will owe attorneys fees.

[Anonymous]

Anonymous wrote:Considering buying in this community in alexandria. But based on google searches, am seeing lots of controversy about their HOA — especially from one angry homeowner. Search YouTube too. Also possible lawsuits?

Is this one homeowner an outlier or just disgruntled? Or is this is a systemic issue?

Last thing I need is an HOA headache. Anyone have info or background? Am I worrying too much?

I suggest looking at the other side of the Route 1 bridge. Potomac Greens and Old Town Greens are townhomes and condos which all have garages! Separate HOAs but have not heard of any issues (especially not to this magnitude). We loved living there until we moved out of the area.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Considering buying in this community in alexandria. But based on google searches, am seeing lots of controversy about their HOA — especially from one angry homeowner. Search YouTube too. Also possible lawsuits?

Is this one homeowner an outlier or just disgruntled? Or is this is a systemic issue?

Last thing I need is an HOA headache. Anyone have info or background? Am I worrying too much?

I suggest looking at the other side of the Route 1 bridge. Potomac Greens and Old Town Greens are townhomes and condos which all have garages! Separate HOAs but have not heard of any issues (especially not to this magnitude). We loved living there until we moved out of the area.

Yes, but don’t want to necessarily give up on the whole community just bc of one disgruntled resident who may move soon!

[Anonymous]

Anonymous wrote:

Anonymous wrote:Considering buying in this community in alexandria. But based on google searches, am seeing lots of controversy about their HOA — especially from one angry homeowner. Search YouTube too. Also possible lawsuits?

Is this one homeowner an outlier or just disgruntled? Or is this is a systemic issue?

Last thing I need is an HOA headache. Anyone have info or background? Am I worrying too much?

I suggest looking at the other side of the Route 1 bridge. Potomac Greens and Old Town Greens are townhomes and condos which all have garages! Separate HOAs but have not heard of any issues (especially not to this magnitude). We loved living there until we moved out of the area.

Yes, this option offers a lot better value. This HOA does not restrict you from using any common areas, nor does it threaten you with towing. For just $40 more a month, you also gain access to a pool, gym, and clubhouse.