Potomac Yard (Alexandria) HOA — Issues?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:https://www.vahoalaw.com/board-member-responsibilities/can-board-of-directors-assign-parking-spaces-in-common-areas

Towing could be the next lawsuit filed against the Potomac Yard HOA. Towing must be authorized in the Declaration. Penalties for violating a rule on a common area are 100% monetary.

This is FALSE. And it reveals Frank’s total ignorance of HOA law and property law generally. The HOA is a distinct legal entity that has every right to remove vehicles from its property. Not every single means needs to be explicitly stated in the declaration. Stop being ignorant.

Thank you for confirming that towing is not authorized in the Declaration.

Could you please clarify where the HOA gets its authority to delegate towing, specifically allowing an ungaraged owner to tow a garaged owner when both are HOA members?

[Anonymous]

Anonymous wrote:The city' had a previous requirement for a shuttle service.

The shuttle service supports my point, namely

Anonymous wrote:AFAIK, if the development wasn’t built as-of-right then the city could have gotten a concession about parking anyway.

Apparently the project didn't conform to code (wasn't as-of-right), so the developer had to negotiate with the city, and the city was able to impose some requirements on them. The city required a shuttle (successful or not), even though this area presumably isn't zoned for a shuttle service. They could have required reserved parking for units without garages, even though reserved parking isn't in the zoning code.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:https://www.vahoalaw.com/board-member-responsibilities/can-board-of-directors-assign-parking-spaces-in-common-areas

Towing could be the next lawsuit filed against the Potomac Yard HOA. Towing must be authorized in the Declaration. Penalties for violating a rule on a common area are 100% monetary.

This is FALSE. And it reveals Frank’s total ignorance of HOA law and property law generally. The HOA is a distinct legal entity that has every right to remove vehicles from its property. Not every single means needs to be explicitly stated in the declaration. Stop being ignorant.

Thank you for confirming that towing is not authorized in the Declaration.

Could you please clarify where the HOA gets its authority to delegate towing, specifically allowing an ungaraged owner to tow a garaged owner when both are HOA members?

It’s an obvious implied authority under the HOA’s right to control its property.

According to Frank, the HOA can’t call the fire department if there’s a fire in the common area bc the declaration doesn’t say it can.

These sorts of idiotic arguments waste courts” time and residents’ money. Can’t wait till he loses — bigly. Thank you for your attention to this matter.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:https://www.vahoalaw.com/board-member-responsibilities/can-board-of-directors-assign-parking-spaces-in-common-areas

Towing could be the next lawsuit filed against the Potomac Yard HOA. Towing must be authorized in the Declaration. Penalties for violating a rule on a common area are 100% monetary.

This is FALSE. And it reveals Frank’s total ignorance of HOA law and property law generally. The HOA is a distinct legal entity that has every right to remove vehicles from its property. Not every single means needs to be explicitly stated in the declaration. Stop being ignorant.

Thank you for confirming that towing is not authorized in the Declaration.

Could you please clarify where the HOA gets its authority to delegate towing, specifically allowing an ungaraged owner to tow a garaged owner when both are HOA members?

It’s an obvious implied authority under the HOA’s right to control its property.

According to Frank, the HOA can’t call the fire department if there’s a fire in the common area bc the declaration doesn’t say it can.

These sorts of idiotic arguments waste courts” time and residents’ money. Can’t wait till he loses — bigly. Thank you for your attention to this matter.

You are a fool. Calling the fire department doesn't infringe on someone's personal property, towing their car does.

Again- 30 pages and you are pssing in the wind. One member of an association can not have authority over another member. Nor can they have common area rights unique to them.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:https://www.vahoalaw.com/board-member-responsibilities/can-board-of-directors-assign-parking-spaces-in-common-areas

Towing could be the next lawsuit filed against the Potomac Yard HOA. Towing must be authorized in the Declaration. Penalties for violating a rule on a common area are 100% monetary.

This is FALSE. And it reveals Frank’s total ignorance of HOA law and property law generally. The HOA is a distinct legal entity that has every right to remove vehicles from its property. Not every single means needs to be explicitly stated in the declaration. Stop being ignorant.

Thank you for confirming that towing is not authorized in the Declaration.

Could you please clarify where the HOA gets its authority to delegate towing, specifically allowing an ungaraged owner to tow a garaged owner when both are HOA members?

It’s an obvious implied authority under the HOA’s right to control its property.

According to Frank, the HOA can’t call the fire department if there’s a fire in the common area bc the declaration doesn’t say it can.

These sorts of idiotic arguments waste courts” time and residents’ money. Can’t wait till he loses — bigly. Thank you for your attention to this matter.

You are a fool. Calling the fire department doesn't infringe on someone's personal property, towing their car does.

Again- 30 pages and you are pssing in the wind. One member of an association can not have authority over another member. Nor can they have common area rights unique to them.

Stop being ignorant. According to you, if a car was on fire, the HOA couldn’t do anything about it bc it’s not in the declaration. According to you, the HOA has no ability to protect its property rights.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:https://www.vahoalaw.com/board-member-responsibilities/can-board-of-directors-assign-parking-spaces-in-common-areas

Towing could be the next lawsuit filed against the Potomac Yard HOA. Towing must be authorized in the Declaration. Penalties for violating a rule on a common area are 100% monetary.

This is FALSE. And it reveals Frank’s total ignorance of HOA law and property law generally. The HOA is a distinct legal entity that has every right to remove vehicles from its property. Not every single means needs to be explicitly stated in the declaration. Stop being ignorant.

Thank you for confirming that towing is not authorized in the Declaration.

Could you please clarify where the HOA gets its authority to delegate towing, specifically allowing an ungaraged owner to tow a garaged owner when both are HOA members?

It’s an obvious implied authority under the HOA’s right to control its property.

According to Frank, the HOA can’t call the fire department if there’s a fire in the common area bc the declaration doesn’t say it can.

These sorts of idiotic arguments waste courts” time and residents’ money. Can’t wait till he loses — bigly. Thank you for your attention to this matter.

You are a fool. Calling the fire department doesn't infringe on someone's personal property, towing their car does.

Again- 30 pages and you are pssing in the wind. One member of an association can not have authority over another member. Nor can they have common area rights unique to them.

Stop being ignorant. According to you, if a car was on fire, the HOA couldn’t do anything about it bc it’s not in the declaration. According to you, the HOA has no ability to protect its property rights.

There is distinction between towing for revenue purposes and towing for safety reasons within our HOA common areas.

A garage owner parked in a parking space in common area does not constitute a safety issue.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:https://www.vahoalaw.com/board-member-responsibilities/can-board-of-directors-assign-parking-spaces-in-common-areas

Towing could be the next lawsuit filed against the Potomac Yard HOA. Towing must be authorized in the Declaration. Penalties for violating a rule on a common area are 100% monetary.

This is FALSE. And it reveals Frank’s total ignorance of HOA law and property law generally. The HOA is a distinct legal entity that has every right to remove vehicles from its property. Not every single means needs to be explicitly stated in the declaration. Stop being ignorant.

Thank you for confirming that towing is not authorized in the Declaration.

Could you please clarify where the HOA gets its authority to delegate towing, specifically allowing an ungaraged owner to tow a garaged owner when both are HOA members?

It’s an obvious implied authority under the HOA’s right to control its property.

According to Frank, the HOA can’t call the fire department if there’s a fire in the common area bc the declaration doesn’t say it can.

These sorts of idiotic arguments waste courts” time and residents’ money. Can’t wait till he loses — bigly. Thank you for your attention to this matter.

You are a fool. Calling the fire department doesn't infringe on someone's personal property, towing their car does.

Again- 30 pages and you are pssing in the wind. One member of an association can not have authority over another member. Nor can they have common area rights unique to them.

Stop being ignorant. According to you, if a car was on fire, the HOA couldn’t do anything about it bc it’s not in the declaration. According to you, the HOA has no ability to protect its property rights.

There is distinction between towing for revenue purposes and towing for safety reasons within our HOA common areas.

A garage owner parked in a parking space in common area does not constitute a safety issue.

So now Frank gets to decide when cars may be towed.

[Anonymous]

I have reviewed the lawsuit and the association pleadings, and it appears that Frank's lawyer won this parking case. Thank you to my neighbor who forwarded a copy of the lawsuit.

https://caselaw.findlaw.com/court/va-supreme-court/1084718.html

[Anonymous]

Anonymous wrote:

Anonymous wrote:The city' had a previous requirement for a shuttle service.

The shuttle service supports my point, namely

Anonymous wrote:AFAIK, if the development wasn’t built as-of-right then the city could have gotten a concession about parking anyway.

Apparently the project didn't conform to code (wasn't as-of-right), so the developer had to negotiate with the city, and the city was able to impose some requirements on them. The city required a shuttle (successful or not), even though this area presumably isn't zoned for a shuttle service. They could have required reserved parking for units without garages, even though reserved parking isn't in the zoning code.

The city "could have" required reserved parking, but apparently it did not. But if reserved parking had been required, that parking would not be common area and only those residents using it would be paying to maintain it - in other words, it would be limited common area. Obfuscate all you want, but it still comes down to the fact that common area must be accessible to all HOA members without exclusion. Otherwise it's not common area.

[Anonymous]

Anonymous wrote:
The city "could have" required reserved parking, but apparently it did not.

How is it apparent that the city didn't require reserved parking?

[Anonymous]

Anonymous wrote:

Anonymous wrote:
The city "could have" required reserved parking, but apparently it did not.

How is it apparent that the city didn't require reserved parking?

Read the association pleadings. The response was beyond telling. Lawyers have ethical and legal standards to adhere to, and therefore, they cannot purport something that is patently false and can be proven not to be true.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:
The city "could have" required reserved parking, but apparently it did not.

How is it apparent that the city didn't require reserved parking?

Read the association pleadings. The response was beyond telling. Lawyers have ethical and legal standards to adhere to, and therefore, they cannot purport something that is patently false and can be proven not to be true.

I'm not a lawyer. But maybe this claim is absent from the defense's pleadings because it's going to take some time for them to substantiate it. The evidence won't be in the HOA's records. It'll be in the city's and/or Pulte's records.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:https://www.vahoalaw.com/board-member-responsibilities/can-board-of-directors-assign-parking-spaces-in-common-areas

Towing could be the next lawsuit filed against the Potomac Yard HOA. Towing must be authorized in the Declaration. Penalties for violating a rule on a common area are 100% monetary.

This is FALSE. And it reveals Frank’s total ignorance of HOA law and property law generally. The HOA is a distinct legal entity that has every right to remove vehicles from its property. Not every single means needs to be explicitly stated in the declaration. Stop being ignorant.

Thank you for confirming that towing is not authorized in the Declaration.

Could you please clarify where the HOA gets its authority to delegate towing, specifically allowing an ungaraged owner to tow a garaged owner when both are HOA members?

It’s an obvious implied authority under the HOA’s right to control its property.

According to Frank, the HOA can’t call the fire department if there’s a fire in the common area bc the declaration doesn’t say it can.

These sorts of idiotic arguments waste courts” time and residents’ money. Can’t wait till he loses — bigly. Thank you for your attention to this matter.

You are a fool. Calling the fire department doesn't infringe on someone's personal property, towing their car does.

Again- 30 pages and you are pssing in the wind. One member of an association can not have authority over another member. Nor can they have common area rights unique to them.

Stop being ignorant. According to you, if a car was on fire, the HOA couldn’t do anything about it bc it’s not in the declaration. According to you, the HOA has no ability to protect its property rights.

There is distinction between towing for revenue purposes and towing for safety reasons within our HOA common areas.

A garage owner parked in a parking space in common area does not constitute a safety issue.

oooh! Am I following? So Frank, a garaged owner, parked in someone's "reserved" parking spot and the person towed them? Even though these spots are (debatably? I guess it's still in the works) owned commonly and nobody has a right to them?

What happened next?!

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:
The city "could have" required reserved parking, but apparently it did not.

How is it apparent that the city didn't require reserved parking?

Read the association pleadings. The response was beyond telling. Lawyers have ethical and legal standards to adhere to, and therefore, they cannot purport something that is patently false and can be proven not to be true.

I'm not a lawyer. But maybe this claim is absent from the defense's pleadings because it's going to take some time for them to substantiate it. The evidence won't be in the HOA's records. It'll be in the city's and/or Pulte's records.

I am guessing you missed this?

Good morning, -

I am in the Office of Real Estate Assessments. We have the responsibility to value all real property in the City every year at its fair market value for taxation. Real property is the interests, benefits, and rights inherent in the ownership of physical property (the land and all things attached to the land by people).

The Office of Real Estate Assessments does not approve documents recorded in the Land Records, but we will value property based upon any changes to the rights of property owners made by the legal recordings. We will change a property's value if the legal recordings are determined to impact value and if we can demonstrate the adjustments necessary to the property value using market sales.

I reviewed the properties along Van Valkenburgh to see if we were assessing any parking spaces or making market adjustments for parking spaces outside of garages. We are not valuing any parking spaces in the common areas for Potomac Yard Homeowners Association.

Garages are being assessed as part of the building value for each property. Properties without garages along Van Valkenburg have basement space and other features that distinguish them, contributing to their value. I have included a worksheet showing the different features that we are assessing for the townhouses on the west side of Route 1. We are not adding any value for the parking spaces this time to any property’s assessed value in this group.

Based upon my review of this data, I believe the properties to be in equity with one another and would not make any adjustments to the assessed values. Since we are not adding to the properties' assessed values for the parking spaces, we would also not reduce the properties' values should the assignments be found to be invalid.

Please feel free to contact me should you have any questions about the assessed values.

Sincerely,

Appraiser Supervisor

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:https://www.vahoalaw.com/board-member-responsibilities/can-board-of-directors-assign-parking-spaces-in-common-areas

Towing could be the next lawsuit filed against the Potomac Yard HOA. Towing must be authorized in the Declaration. Penalties for violating a rule on a common area are 100% monetary.

This is FALSE. And it reveals Frank’s total ignorance of HOA law and property law generally. The HOA is a distinct legal entity that has every right to remove vehicles from its property. Not every single means needs to be explicitly stated in the declaration. Stop being ignorant.

Thank you for confirming that towing is not authorized in the Declaration.

Could you please clarify where the HOA gets its authority to delegate towing, specifically allowing an ungaraged owner to tow a garaged owner when both are HOA members?

It’s an obvious implied authority under the HOA’s right to control its property.

According to Frank, the HOA can’t call the fire department if there’s a fire in the common area bc the declaration doesn’t say it can.

These sorts of idiotic arguments waste courts” time and residents’ money. Can’t wait till he loses — bigly. Thank you for your attention to this matter.

You are a fool. Calling the fire department doesn't infringe on someone's personal property, towing their car does.

Again- 30 pages and you are pssing in the wind. One member of an association can not have authority over another member. Nor can they have common area rights unique to them.

Stop being ignorant. According to you, if a car was on fire, the HOA couldn’t do anything about it bc it’s not in the declaration. According to you, the HOA has no ability to protect its property rights.

There is distinction between towing for revenue purposes and towing for safety reasons within our HOA common areas.

A garage owner parked in a parking space in common area does not constitute a safety issue.

oooh! Am I following? So Frank, a garaged owner, parked in someone's "reserved" parking spot and the person towed them? Even though these spots are (debatably? I guess it's still in the works) owned commonly and nobody has a right to them?

What happened next?!

This is the first I am hearing about this situation. However, I believe Frank would have sued the homeowner who towed him.