Potomac Yard (Alexandria) HOA — Issues?

[Anonymous]

Anonymous wrote:

Anonymous wrote: The lawsuit and the association's pleadings regarding the HOA issues in Potomac Yard need to be sent to The Washington Post. Given that Potomac Yard is a large community, these issues impact a significant number of residents, and their perspective could be valuable.

Sadly, The Post largely ignores local news in Virginia - and has for decades. I agree the questions raised by the litigation would be of broad interest to VA residents.

lol. Not even residents in Potomac yard care — as evidenced by nobody else joining this silly lawsuit. People in nova couldn’t care less.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote: The lawsuit and the association's pleadings regarding the HOA issues in Potomac Yard need to be sent to The Washington Post. Given that Potomac Yard is a large community, these issues impact a significant number of residents, and their perspective could be valuable.

Sadly, The Post largely ignores local news in Virginia - and has for decades. I agree the questions raised by the litigation would be of broad interest to VA residents.

lol. Not even residents in Potomac yard care — as evidenced by nobody else joining this silly lawsuit. People in nova couldn’t care less.

The assignment of parking spaces in a HOA common area should be approached as a matter of law and equality, rather than a popularity contest. Spaces should be assigned equally, if they are assigned at all.

[Anonymous]

Anonymous wrote:As a retired lawyer, here’s my take, based on a very quick read. First, the complaint undercuts its own ultra‑vires theory. It reproduces the Declaration language giving the Association “the right, but not the obligation, to assign and reserve parking spaces for the exclusive use of individual Owners,” then immediately alleges the Declaration is silent on unequal parking assignments. The quoted clause is an express grant of discretion that contradicts the claim of silence. Yet plaintiffs proceed as though the clause does not exist, insisting that nothing “expressly provides otherwise,” a statement flatly inconsistent with their own quotation.

Their reliance on Manchester Oaks, Telegraph Square and White is also misplaced. Those decisions limit an association only where the governing instrument contains no provision on the contested power. Because the Declaration here squarely authorizes exclusive parking assignments, the cases do not apply; the complaint never confronts this dispositive distinction.

The pleading also assumes a contractual right to proportional access to common‑area parking. The Declaration creates no such right; it merely imposes a duty to pay assessments for upkeep of the common area. Owners who chose two‑car‑garage homes inherently need fewer street spaces, and the allocation of forty‑six of fifty‑two spaces to non‑garage lots is rational on its face.

On the architectural claims, plaintiffs portray Sections 6.03 and 6.06 as vague “general design‑control provisions,” but Section 6.03 contains a concrete prohibition: “no Structure shall be painted, stuccoed or surfaced with any material unless and until approved in writing” under committee guidelines. Far from vague, it is a textbook example of an express covenant conditioning exterior changes on prior approval.

The complaint further ignores the Declaration’s expansive definition of “Structure,” which covers “any thing or object … the placement of which upon any Lot may affect the appearance of such Lot,” sweeping in bird feeders, string lights, flags and colored bulbs—the very items for which the Association imposed fines. Plaintiffs nonetheless argue that Section 6.03 “provides no guidance whatsoever,” a characterization belied by the detailed language they quote.

Plaintiffs assert that any rules adopted after their purchase are unenforceable because they were not recorded, but Section 5.07 and Virginia Code 55.1‑1819 expressly empower the Board to promulgate reasonable design rules without recordation. The statute’s default authority defeats the recording argument.

The fines claim is pled in purely conclusory terms: the complaint alleges only that debits and credits “appeared” on monthly ledgers, without dates, amounts, notice, or hearing details. Absent factual particulars tying each fine to a specific violation and demonstrating procedural due process, the claim cannot survive dismissal.

Procedurally, the plaintiffs request sweeping injunctive relief despite having an adequate remedy at law—refund of any improper fines and reassignment of parking if warranted. They also omit allegations that they satisfied the POA Act’s prerequisite of a written final adverse decision and a 30‑day settlement window before suing for attorney fees. Statutory miscitation of repealed sections and shotgun pleading of multiple theories in a single count further expose the complaint to dismissal.

Taken together, the Declaration provisions quoted by plaintiffs undermine their key theories; their legal authorities are inapposite; factual allegations about fines and notice are thin; and statutory prerequisites are absent.

Plaintiffs will LOSE. Bigly.

Virginia Code 55.1‑1819 is constrained to common areas only. This does not grant the HOA the latitude to invent rules pertaining to private residences. Please listen to the recording. The board concedes they are unsure if they are able to proceed with this. https://drive.google.com/file/d/1CHGtDRw-kfqzjIfQ1q6dOr4k9ruRLG4K/view

[Anonymous]

Anonymous wrote:

Anonymous wrote: The lawsuit and the association's pleadings regarding the HOA issues in Potomac Yard need to be sent to The Washington Post. Given that Potomac Yard is a large community, these issues impact a significant number of residents, and their perspective could be valuable.

Sadly, The Post largely ignores local news in Virginia - and has for decades. I agree the questions raised by the litigation would be of broad interest to VA residents.

Please send this video where the same board director states these complaints are "bonkers but they do not know if they can do it."

https://drive.google.com/file/d/1CHGtDRw-kfqzjIfQ1q6dOr4k9ruRLG4K/view

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote: The lawsuit and the association's pleadings regarding the HOA issues in Potomac Yard need to be sent to The Washington Post. Given that Potomac Yard is a large community, these issues impact a significant number of residents, and their perspective could be valuable.

Sadly, The Post largely ignores local news in Virginia - and has for decades. I agree the questions raised by the litigation would be of broad interest to VA residents.

Please send this video where the same board director states these complaints are "bonkers but they do not know if they can do it."

https://drive.google.com/file/d/1CHGtDRw-kfqzjIfQ1q6dOr4k9ruRLG4K/view

That was incredibly unprofessional of her.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote: The lawsuit and the association's pleadings regarding the HOA issues in Potomac Yard need to be sent to The Washington Post. Given that Potomac Yard is a large community, these issues impact a significant number of residents, and their perspective could be valuable.

Sadly, The Post largely ignores local news in Virginia - and has for decades. I agree the questions raised by the litigation would be of broad interest to VA residents.

Please send this video where the same board director states these complaints are "bonkers but they do not know if they can do it."

https://drive.google.com/file/d/1CHGtDRw-kfqzjIfQ1q6dOr4k9ruRLG4K/view

That was incredibly unprofessional of her.

She should be recusing herself. Her unit is one of the 23 ungaraged townhomes in Potomac Yard.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote: The lawsuit and the association's pleadings regarding the HOA issues in Potomac Yard need to be sent to The Washington Post. Given that Potomac Yard is a large community, these issues impact a significant number of residents, and their perspective could be valuable.

Sadly, The Post largely ignores local news in Virginia - and has for decades. I agree the questions raised by the litigation would be of broad interest to VA residents.

Please send this video where the same board director states these complaints are "bonkers but they do not know if they can do it."

https://drive.google.com/file/d/1CHGtDRw-kfqzjIfQ1q6dOr4k9ruRLG4K/view

That was incredibly unprofessional of her.

She should be recusing herself. Her unit is one of the 23 ungaraged townhomes in Potomac Yard.

Wow. That is insane.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote: The lawsuit and the association's pleadings regarding the HOA issues in Potomac Yard need to be sent to The Washington Post. Given that Potomac Yard is a large community, these issues impact a significant number of residents, and their perspective could be valuable.

Sadly, The Post largely ignores local news in Virginia - and has for decades. I agree the questions raised by the litigation would be of broad interest to VA residents.

lol. Not even residents in Potomac yard care — as evidenced by nobody else joining this silly lawsuit. People in nova couldn’t care less.

You cannot just "join" a lawsuit. Having multiple people involved together in a lawsuit can get sticky because the lawyers has to listen to whoever is paying them and multiple plaintiffs may not agree on how they want to proceed. It's usually best to go it alone. Also, Virginia does not allow for class actions, so that's not an option.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote: The lawsuit and the association's pleadings regarding the HOA issues in Potomac Yard need to be sent to The Washington Post. Given that Potomac Yard is a large community, these issues impact a significant number of residents, and their perspective could be valuable.

Sadly, The Post largely ignores local news in Virginia - and has for decades. I agree the questions raised by the litigation would be of broad interest to VA residents.

lol. Not even residents in Potomac yard care — as evidenced by nobody else joining this silly lawsuit. People in nova couldn’t care less.

You cannot just "join" a lawsuit. Having multiple people involved together in a lawsuit can get sticky because the lawyers has to listen to whoever is paying them and multiple plaintiffs may not agree on how they want to proceed. It's usually best to go it alone. Also, Virginia does not allow for class actions, so that's not an option.

How many residents have spoken during board meeting resident open forum in support of your lawsuit? One, maybe.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote: The lawsuit and the association's pleadings regarding the HOA issues in Potomac Yard need to be sent to The Washington Post. Given that Potomac Yard is a large community, these issues impact a significant number of residents, and their perspective could be valuable.

Sadly, The Post largely ignores local news in Virginia - and has for decades. I agree the questions raised by the litigation would be of broad interest to VA residents.

lol. Not even residents in Potomac yard care — as evidenced by nobody else joining this silly lawsuit. People in nova couldn’t care less.

You cannot just "join" a lawsuit. Having multiple people involved together in a lawsuit can get sticky because the lawyers has to listen to whoever is paying them and multiple plaintiffs may not agree on how they want to proceed. It's usually best to go it alone. Also, Virginia does not allow for class actions, so that's not an option.

It will probably get more complicated because whichever side loses will likely appeal. A lot of the court opinions that went for the homeowner against the HOA did so on appeal. That's why there's so much HOA case law in Virginia. If Frank wins at the Circuit Court, the HOA is playing with insurance money and may keep rolling the dice regardless of how it affects the community.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote: The lawsuit and the association's pleadings regarding the HOA issues in Potomac Yard need to be sent to The Washington Post. Given that Potomac Yard is a large community, these issues impact a significant number of residents, and their perspective could be valuable.

Sadly, The Post largely ignores local news in Virginia - and has for decades. I agree the questions raised by the litigation would be of broad interest to VA residents.

lol. Not even residents in Potomac yard care — as evidenced by nobody else joining this silly lawsuit. People in nova couldn’t care less.

You cannot just "join" a lawsuit. Having multiple people involved together in a lawsuit can get sticky because the lawyers has to listen to whoever is paying them and multiple plaintiffs may not agree on how they want to proceed. It's usually best to go it alone. Also, Virginia does not allow for class actions, so that's not an option.

How many residents have spoken during board meeting resident open forum in support of your lawsuit? One, maybe.

Not my lawsuit. I'm not Frank. I'm Batman.

[Anonymous]

Anonymous wrote:

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 ?

I have no skin in this game but have been on an hoa board where we are being actively fleeced by a 3rd party management team that manages all of our contracts. The homeowners pay for all of the services and maintenance but the company has no oversite as homeowners won't volunteer. I agree with the post above. My community has pools, clubhouses, land etc. That is an outrageous amount to be giving a property management company.

It is also obvious that this hoa didn't follow Va bylaws when making decisions re handing parking spaces in an open area to specific homeowners. The guy Frank may be annoying but I wouldn't tolerate what this hoa is doing either.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote: The lawsuit and the association's pleadings regarding the HOA issues in Potomac Yard need to be sent to The Washington Post. Given that Potomac Yard is a large community, these issues impact a significant number of residents, and their perspective could be valuable.

Sadly, The Post largely ignores local news in Virginia - and has for decades. I agree the questions raised by the litigation would be of broad interest to VA residents.

Please send this video where the same board director states these complaints are "bonkers but they do not know if they can do it."

https://drive.google.com/file/d/1CHGtDRw-kfqzjIfQ1q6dOr4k9ruRLG4K/view

That was incredibly unprofessional of her.

She should be recusing herself. Her unit is one of the 23 ungaraged townhomes in Potomac Yard.

That's ugly. I'm siding more with Frank each minute. How unacceptable.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote: The lawsuit and the association's pleadings regarding the HOA issues in Potomac Yard need to be sent to The Washington Post. Given that Potomac Yard is a large community, these issues impact a significant number of residents, and their perspective could be valuable.

Sadly, The Post largely ignores local news in Virginia - and has for decades. I agree the questions raised by the litigation would be of broad interest to VA residents.

lol. Not even residents in Potomac yard care — as evidenced by nobody else joining this silly lawsuit. People in nova couldn’t care less.

You cannot just "join" a lawsuit. Having multiple people involved together in a lawsuit can get sticky because the lawyers has to listen to whoever is paying them and multiple plaintiffs may not agree on how they want to proceed. It's usually best to go it alone. Also, Virginia does not allow for class actions, so that's not an option.

How many residents have spoken during board meeting resident open forum in support of your lawsuit? One, maybe.

Not my lawsuit. I'm not Frank. I'm Batman.

I have no doubts Frank is taking this the distance. The HOA might want to settle for publicity reasons.

[Anonymous]

Anonymous wrote:
It is also obvious that this hoa didn't follow Va bylaws when making decisions re handing parking spaces in an open area to specific homeowners. The guy Frank may be annoying but I wouldn't tolerate what this hoa is doing either.

I think it's implausible that the non-garage townhomes were sold without assigned parking spaces. Few if any people would buy them that way. My belief is backed up by the HOA's page explaining that the spaces for these townhomes were assigned in the Final Site Plan:

https://www.pyhoafacts.org/facts/van-valkenburgh-parking/

I'm not a lawyer and have no opinion on the merits and the course of the lawsuit. But I do think the indignation against the Board regarding parking spaces is unjustified.