Potomac Yard (Alexandria) HOA — Issues?

[Anonymous]

Anonymous wrote:

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.

I'm thanking my lucky stars that my community has dedicated people who keep the management companies (yes >1) in check. They change a lot, which can be irritating, but it just means our board is booting the bad or overly expensive ones, which I love.

[Anonymous]

Does anyone have any diagrams

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote: I am guessing he loves most your neighbors across the street who get towed for parking in front of their own house even though they pay to maintain those spots.

Who’s actually been towed? Why didn’t those “neighbors” bring this suit? You’re their savior? So kind of you to file this lawsuit just for them. Interesting hobby.

Most people are too scared to throw the first punch. That's why.

You dream about Frank. LOL.

Thank goodness they have you. You’re a real American hero. They should build a statue to you on the common area.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote: I am guessing he loves most your neighbors across the street who get towed for parking in front of their own house even though they pay to maintain those spots.

Who’s actually been towed? Why didn’t those “neighbors” bring this suit? You’re their savior? So kind of you to file this lawsuit just for them. Interesting hobby.

Most people are too scared to throw the first punch. That's why.

You dream about Frank. LOL.

Thank goodness they have you. You’re a real American hero. They should build a statue to you on the common area.

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[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote: I am guessing he loves most your neighbors across the street who get towed for parking in front of their own house even though they pay to maintain those spots.

Who’s actually been towed? Why didn’t those “neighbors” bring this suit? You’re their savior? So kind of you to file this lawsuit just for them. Interesting hobby.

Most people are too scared to throw the first punch. That's why.

You dream about Frank. LOL.

Thank goodness they have you. You’re a real American hero. They should build a statue to you on the common area.

That would be an unauthorized expense for the HOA unless the declaration allows assessments to pay for memorials and statutes to great homeowners.

No one should have to go to court to make an HOA board comply with its own legal documents. Owners claiming parking spaces in HOA common area should be ashamed for taking more than what they bargained for and forcing their neighbors to pay for it. The owners with driveways/garages pay for their own maintenance and now for HOA property they can't use because the HOA board overstepped (ultra vires). No one likes an overbearing "we-know-what's-best" HOA board.

This HOA is also now going through the correct voting process to change the number of board members to 5 from 3 - after Frank pointed out that the additional board members had not been brought in properly. HOAs are corporate entities and are obligated to follow the same law any other corporation has to follow. Members have voting rights.

[Anonymous]

Anonymous wrote:AI tells me that 90 pct of this thread is Frank just talking to himself and sock puppeting. It’s obvious.

If this thread is just Frank talking to himself, why are you bothering to join in? Says a lot about you. And me. Or.... maybe.... You are Frank too!! An alter ego perhaps? Or an altered ego? And who am I? I don't think I'm Frank, although I am candid. Wait.... ARE WE ALL LIVING IN THE FRANK MULTIVERSE ?

[Anonymous]

Anonymous wrote:Does anyone have any diagrams

This is the document with a plat showing the reserved parking spaces. It was recorded way back in 2014. Plat resolution isn't great but it's enough to see which spaces are reserved.

https://www.pyhoafacts.org/files/Association%20Documents/PYHOAParkingSpaceAssignmentandPlat.pdf

[Anonymous]

Anonymous wrote:

Anonymous wrote:Does anyone have any diagrams

This is the document with a plat showing the reserved parking spaces. It was recorded way back in 2014. Plat resolution isn't great but it's enough to see which spaces are reserved.

https://www.pyhoafacts.org/files/Association%20Documents/PYHOAParkingSpaceAssignmentandPlat.pdf

You should sue this law firm for drafting an unlawful parking policy.

[Anonymous]

I'm the poster with the bad 3rd party management team. I am not Frank and never heard of any of this until reading the site. If the poster here who attacks "Frank" endlessly is on the board of that neighborhood, it really explains everything.

Like Frank I believe HOA boards have to know and follow the laws related to running an HOA. Yes, this can be complex but most HOAs have an attorney to help resolve the issues. It's clear that this HOA was off changing things while being either unaware or uncaring about the rules they needed to follow.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Does anyone have any diagrams

This is the document with a plat showing the reserved parking spaces. It was recorded way back in 2014. Plat resolution isn't great but it's enough to see which spaces are reserved.

https://www.pyhoafacts.org/files/Association%20Documents/PYHOAParkingSpaceAssignmentandPlat.pdf

You should sue this law firm for drafting an unlawful parking policy.

Thank you to whoever posted this Assignment of Parking Spaces document. The sentence at the beginning of paragraph three: "WHEREAS the Association is the owner of certain property" is the key here. If the HOA owns this property at the time this document was executed, and there are no weird laws about HOA declarant powers in Virginia, then this Declarant had no legal right whatsoever to enter into this agreement pertaining to the HOA's property. Once that common area (and it IS common area) become the property of the HOA, the Declarant is out of it. Out. Only the HOA - as the owner - has the right to do anything with this property. What the HOA can do would be described in the HOA's declaration. Usually, when it comes to common area property, any changes (if changes are allowed) must be by vote of the entire membership, probably by supermajority, and that is IF, again, any changes can be made at all to the common areas. My guess is some lawyers put this together thinking HOA members would be too stupid to figure it out.

Someone screwed the pooch here, and it wasn't Frank.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Does anyone have any diagrams

This is the document with a plat showing the reserved parking spaces. It was recorded way back in 2014. Plat resolution isn't great but it's enough to see which spaces are reserved.

https://www.pyhoafacts.org/files/Association%20Documents/PYHOAParkingSpaceAssignmentandPlat.pdf

You should sue this law firm for drafting an unlawful parking policy.

Thank you to whoever posted this Assignment of Parking Spaces document. The sentence at the beginning of paragraph three: "WHEREAS the Association is the owner of certain property" is the key here. If the HOA owns this property at the time this document was executed, and there are no weird laws about HOA declarant powers in Virginia, then this Declarant had no legal right whatsoever to enter into this agreement pertaining to the HOA's property. Once that common area (and it IS common area) become the property of the HOA, the Declarant is out of it. Out. Only the HOA - as the owner - has the right to do anything with this property. What the HOA can do would be described in the HOA's declaration. Usually, when it comes to common area property, any changes (if changes are allowed) must be by vote of the entire membership, probably by supermajority, and that is IF, again, any changes can be made at all to the common areas. My guess is some lawyers put this together thinking HOA members would be too stupid to figure it out.

Someone screwed the pooch here, and it wasn't Frank.

Then, of course, the fourth paragraph assigning exclusive rights to the use of COMMON AREA - which effectively EXcludes all other HOA members from using their own common area - is just flat out illegal.

This is one heck of a mess. And unless there's something else involved here, it looks like a slam dunk for Frank.

[Anonymous]

The HOA will make an attempt settle. The insurance company is on the hook for his legal fees and the court will have no sympathy for this.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Does anyone have any diagrams

This is the document with a plat showing the reserved parking spaces. It was recorded way back in 2014. Plat resolution isn't great but it's enough to see which spaces are reserved.

https://www.pyhoafacts.org/files/Association%20Documents/PYHOAParkingSpaceAssignmentandPlat.pdf

You should sue this law firm for drafting an unlawful parking policy.

Thank you to whoever posted this Assignment of Parking Spaces document. The sentence at the beginning of paragraph three: "WHEREAS the Association is the owner of certain property" is the key here. If the HOA owns this property at the time this document was executed, and there are no weird laws about HOA declarant powers in Virginia, then this Declarant had no legal right whatsoever to enter into this agreement pertaining to the HOA's property. Once that common area (and it IS common area) become the property of the HOA, the Declarant is out of it. Out. Only the HOA - as the owner - has the right to do anything with this property. What the HOA can do would be described in the HOA's declaration. Usually, when it comes to common area property, any changes (if changes are allowed) must be by vote of the entire membership, probably by supermajority, and that is IF, again, any changes can be made at all to the common areas. My guess is some lawyers put this together thinking HOA members would be too stupid to figure it out.

Someone screwed the pooch here, and it wasn't Frank.

The HOA president is a signatory of the document, as a grantor/grantee. So the HOA existed then, with the entire membership consisting of votes controlled by the developer/declarant?

[Anonymous]

The Declarant and the HOA cannot take land owned by the HOA to certain individuals for exclusive use and continue charging all members for it.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Does anyone have any diagrams

This is the document with a plat showing the reserved parking spaces. It was recorded way back in 2014. Plat resolution isn't great but it's enough to see which spaces are reserved.

https://www.pyhoafacts.org/files/Association%20Documents/PYHOAParkingSpaceAssignmentandPlat.pdf

You should sue this law firm for drafting an unlawful parking policy.

Thank you to whoever posted this Assignment of Parking Spaces document. The sentence at the beginning of paragraph three: "WHEREAS the Association is the owner of certain property" is the key here. If the HOA owns this property at the time this document was executed, and there are no weird laws about HOA declarant powers in Virginia, then this Declarant had no legal right whatsoever to enter into this agreement pertaining to the HOA's property. Once that common area (and it IS common area) become the property of the HOA, the Declarant is out of it. Out. Only the HOA - as the owner - has the right to do anything with this property. What the HOA can do would be described in the HOA's declaration. Usually, when it comes to common area property, any changes (if changes are allowed) must be by vote of the entire membership, probably by supermajority, and that is IF, again, any changes can be made at all to the common areas. My guess is some lawyers put this together thinking HOA members would be too stupid to figure it out.

Someone screwed the pooch here, and it wasn't Frank.

Then, of course, the fourth paragraph assigning exclusive rights to the use of COMMON AREA - which effectively EXcludes all other HOA members from using their own common area - is just flat out illegal.

This is one heck of a mess. And unless there's something else involved here, it looks like a slam dunk for Frank.

Please start listening at the the 53:49 mark. https://drive.google.com/file/d/1gNHsClUbBWDhnWwegXc1XR3aBPtSgwGQ/view