
You know well that it takes up a lot of time and resources by the board and management. All wasted. For a stupid parking spot. You need a hobby. Spend more time with your friends and family instead of whining over a parking spot that costs you like $0.70 per a year to “maintain.” I’m going to laugh when you’re slammed with $50k in attorneys fees (plus your own costs) when you lose, in an effort to avoid $5 over 8 years. But a good investment. Just to get attention. |
Your house would lose a lot more than $50,000 in value if what you predict happens. Few people will live in a Homeowners Association (HOA) if the board can take common areas away from HOA members and still charge them. Not to mention, there will be a greater shortage of homes in Del Ray and Old Town if what you predict materializes. |
You know that's not gonna happen, right? I mean, it's pretty open and shut. The HOA gave common area to a handful of residents at the community's expense. That is indisputable and indefensible. They will have to make some sort of concession. That is the only end to this. |
This means future ungarage town home buyers in Potomac Yard will be carless or car-lite, which should help reduce overall traffic and create more parking availability for HOA members. |
Why would this to take up "a lot of time and resources by the board and management"? What time and resources? All the board has to do is listen to the insurance lawyers handing the case. It's probably the most exciting thing they'll be involved in as board members and maybe they'll learn something. There's no need to get other lawyers, like HOA counsel, involved at additional cost or for the board to overthink it. Why would management (assume you mean property management) even be involved in this other than maybe for a few administrative tasks that they are already being paid to do? It's not just about maintenance costs. It's being excluded from something all members were given a right to use and no say in having it taken away. Those parking spots are supposed to be available to everyone and for guest parking. Where are the nannies and housecleaners supposed to park? |
Why won’t Francis post the pleadings here? Nobody is going to go to the courthouse to make copies.
Please upload to Dropbox or something and provide the link. I get the impression that Francis is embarrassed of his complaint and the response. |
I'd not be comfortable posting anyone's address online. It could be a crime. https://law.lis.virginia.gov/vacode/title18.2/chapter4/section18.2-186.4/ It shall be unlawful for any person, with the intent to coerce, intimidate, or harass another person, to publish the person's name or photograph along with identifying information as defined in clauses (iii) through (ix), or clause (xii) of subsection C of § 18.2-186.3, or identification of the person's primary residence address. Any person who violates this section is guilty of a Class 1 misdemeanor. |
I agree. This is a clear case. |
How do you answer this, which says the parking spaces were assigned in the Final Site Plan i.e. from the very beginning, before anyone bought? And that the Declaration (again, before anyone bought) gives the Board the right to regulate parking on private streets owned by the Association, overriding their status as common elements? https://www.pyhoafacts.org/facts/van-valkenburgh-parking/ |
The HOA insurance lawyer has legal standards she has to abide by. Therefore, this patently false information did not make it into the associations pleadings. |
The board's right to regulate parking does not extend to excluding HOA members from using the common areas. Regulating is about enforcing rules, not taking or granting rights. The common areas belong to all members and it takes a vote from all members to give up that right, if the declaration allows. That has already been decided by Virginia courts. In Telegraph Square, the most recent lawsuit on this issue, the common parking spaces were reserved to certain owners (excluding the plaintiff from use) by the developer before construction was complete and still the plaintiff/owner won. |
What is false about it? |
I 100% agree with your interpretation. Additionally, it's important to note that this was written prior to *Batt v. Manchester Oaks*. |
The only way this ends is the spots become open to all. Until that happens, the HOA will just continue to bleed funds. Wild that they aren't being counseled properly.
I could see the HOA turning around and suing First Service. |
I could see the HOA suing its counsel for malpractice if the HOA loses. BTW, it's not possible to attach a file to these posts and there is no way to link the complaint. It's a PDF. |