Potomac Yard (Alexandria) HOA — Issues?

[Anonymous]

Anonymous wrote:The videos on YouTube of the plaintiff in this lawsuit screaming profanities are embarrassing. Nothing worse than a man who can’t control his emotions. Not a good look.

Shows that the lawsuit is based on emotion and anger rather than a level headed, sober analysis of the law.

Listen to the video at the 6-minute mark, where the board voted to provide the community with a legal explanation regarding the assignment of parking spots.

I am wondering why we have not yet received such an explanation.


https://drive.google.com/file/d/1BHcYZLp7ufTu5-aQAPVtw86NHELqRzrL/view?usp=sharing

[Anonymous]

Virginia really ought to enact some form of an "HOA Sunset" law.

Example (edit however the legislature thinks best): Every few years, an independently-managed (i.e., not by the HOA board) vote of the property owners (i.e., not tenants/renters) should occur to decide to keep or dissolve the HOA. If less than half of those eligible to vote do not vote to keep the HOA, then it should be automatically dissolved.

[Anonymous]

Anonymous wrote:Virginia really ought to enact some form of an "HOA Sunset" law.

Example (edit however the legislature thinks best): Every few years, an independently-managed (i.e., not by the HOA board) vote of the property owners (i.e., not tenants/renters) should occur to decide to keep or dissolve the HOA. If less than half of those eligible to vote do not vote to keep the HOA, then it should be automatically dissolved.

I believe the dissolution of the Potomac Yard HOA can be achieved with a 67% member vote. I think this is an option that should be considered. The main concern with dissolution would be the alleyways, as the city will not take ownership of them.

[Anonymous]

Anonymous wrote:Virginia really ought to enact some form of an "HOA Sunset" law.

Example (edit however the legislature thinks best): Every few years, an independently-managed (i.e., not by the HOA board) vote of the property owners (i.e., not tenants/renters) should occur to decide to keep or dissolve the HOA. If less than half of those eligible to vote do not vote to keep the HOA, then it should be automatically dissolved.

Why are HOA members responsible for insurance deductibles and legal fees when the board president retains exclusive rights to two parking spots in what are considered HOA common areas. These expenses are not protecting the HOA.

[Anonymous]

Anonymous wrote:Virginia really ought to enact some form of an "HOA Sunset" law.

Example (edit however the legislature thinks best): Every few years, an independently-managed (i.e., not by the HOA board) vote of the property owners (i.e., not tenants/renters) should occur to decide to keep or dissolve the HOA. If less than half of those eligible to vote do not vote to keep the HOA, then it should be automatically dissolved.

AGREE! The real purpose behind HOAs was to make owners in those communities pay for their own intrastructure - private roads, stormwater systems - to save tax money for municipalities. Not to give some neighbors a forum to lord over the others. Or HOA lawyers a gold mine of litigation.

My HOA declaration has a clause that the members could vote to dissolve the HOA after 25 years, but when we got to that date, you better believe the HOA president and his board did not say a peep about it. So the question was never posed and the vote never happened. So many owners are brainwashed to believe that we have to have an HOA to keep law and order in the neighborhood.

[Anonymous]

Anonymous wrote:The videos on YouTube of the plaintiff in this lawsuit screaming profanities are embarrassing. Nothing worse than a man who can’t control his emotions. Not a good look.

Shows that the lawsuit is based on emotion and anger rather than a level headed, sober analysis of the law.

Indeed

[Anonymous]

Anonymous wrote:

Anonymous wrote:Virginia really ought to enact some form of an "HOA Sunset" law.

Example (edit however the legislature thinks best): Every few years, an independently-managed (i.e., not by the HOA board) vote of the property owners (i.e., not tenants/renters) should occur to decide to keep or dissolve the HOA. If less than half of those eligible to vote do not vote to keep the HOA, then it should be automatically dissolved.

AGREE! The real purpose behind HOAs was to make owners in those communities pay for their own intrastructure - private roads, stormwater systems - to save tax money for municipalities. Not to give some neighbors a forum to lord over the others. Or HOA lawyers a gold mine of litigation.

My HOA declaration has a clause that the members could vote to dissolve the HOA after 25 years, but when we got to that date, you better believe the HOA president and his board did not say a peep about it. So the question was never posed and the vote never happened. So many owners are brainwashed to believe that we have to have an HOA to keep law and order in the neighborhood.

These lawyers are charging HOAs to draft resolutions that have no legal effect and are not included in the Declaration. The lawyer who drafted the latest parking policy in Potomac Yard (drew terrell) was also the losing counsel for Batt versus Manchester Oaks. https://www.casemine.com/judgement/us/5914faf3add7b049349aae5f

[Anonymous]

Anonymous wrote:

Anonymous wrote:Virginia really ought to enact some form of an "HOA Sunset" law.

Example (edit however the legislature thinks best): Every few years, an independently-managed (i.e., not by the HOA board) vote of the property owners (i.e., not tenants/renters) should occur to decide to keep or dissolve the HOA. If less than half of those eligible to vote do not vote to keep the HOA, then it should be automatically dissolved.

AGREE! The real purpose behind HOAs was to make owners in those communities pay for their own intrastructure - private roads, stormwater systems - to save tax money for municipalities. Not to give some neighbors a forum to lord over the others. Or HOA lawyers a gold mine of litigation.

My HOA declaration has a clause that the members could vote to dissolve the HOA after 25 years, but when we got to that date, you better believe the HOA president and his board did not say a peep about it. So the question was never posed and the vote never happened. So many owners are brainwashed to believe that we have to have an HOA to keep law and order in the neighborhood.

I find it quite amusing when the board emphasizes maintaining civility, yet simultaneously threatens towing for parking in HOA common areas and cites rules unrelated to the Declaration.

[Anonymous]

Anonymous wrote:The shuttle requirement is in a DSUP. Again, read the association's pleadings. No claim or defense of assigned parking spaces.

Is the shuttle in perpetuity? How does that work? Is it paid for by HOA fees or party of the city budget now? How frequently does it run? This seems to be a big piece in the puzzle too. Certain units were not expected to park.

[Anonymous]

Anonymous wrote:

Anonymous wrote:The shuttle requirement is in a DSUP. Again, read the association's pleadings. No claim or defense of assigned parking spaces.

Is the shuttle in perpetuity? How does that work? Is it paid for by HOA fees or party of the city budget now? How frequently does it run? This seems to be a big piece in the puzzle too. Certain units were not expected to park.

It was noted that the TMP sunsets in 40 years, and our HOA fee covers the TMP fee. I also recall a discussion about the HOA recently paying $90,000 per year for a riderless shuttle.

Additionally, it was confirmed that the ungaraged townhomes on Van Valkenburgh Lane were not expected to have any assigned or dedicated parking. It should not have to take a lawsuit, insurance deductible, and legal fees to correct this. Why have a board, after all?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:The shuttle requirement is in a DSUP. Again, read the association's pleadings. No claim or defense of assigned parking spaces.

Is the shuttle in perpetuity? How does that work? Is it paid for by HOA fees or party of the city budget now? How frequently does it run? This seems to be a big piece in the puzzle too. Certain units were not expected to park.

It was noted that the TMP sunsets in 40 years, and our HOA fee covers the TMP fee. I also recall a discussion about the HOA recently paying $90,000 per year for a riderless shuttle.

Additionally, it was confirmed that the ungaraged townhomes on Van Valkenburgh Lane were not expected to have any assigned or dedicated parking. It should not have to take a lawsuit, insurance deductible, and legal fees to correct this. Why have a board, after all?

It remains to be seen if there will be a settlement or if this will get corrected.

[Anonymous]

Anonymous wrote:

Anonymous wrote:The shuttle requirement is in a DSUP. Again, read the association's pleadings. No claim or defense of assigned parking spaces.

Is the shuttle in perpetuity? How does that work? Is it paid for by HOA fees or party of the city budget now? How frequently does it run? This seems to be a big piece in the puzzle too. Certain units were not expected to park.

I have never heard of a reserved HOA common area. It appears any HOA who has attempted these shenanigans have lost when challenged.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:The shuttle requirement is in a DSUP. Again, read the association's pleadings. No claim or defense of assigned parking spaces.

Is the shuttle in perpetuity? How does that work? Is it paid for by HOA fees or party of the city budget now? How frequently does it run? This seems to be a big piece in the puzzle too. Certain units were not expected to park.

I have never heard of a reserved HOA common area. It appears any HOA who has attempted these shenanigans have lost when challenged.

No idea way you’re talking about. Thousands of HOA’s have clubhouses, tennis courts, etc that residents may reserve.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:The shuttle requirement is in a DSUP. Again, read the association's pleadings. No claim or defense of assigned parking spaces.

Is the shuttle in perpetuity? How does that work? Is it paid for by HOA fees or party of the city budget now? How frequently does it run? This seems to be a big piece in the puzzle too. Certain units were not expected to park.

I have never heard of a reserved HOA common area. It appears any HOA who has attempted these shenanigans have lost when challenged.

No idea way you’re talking about. Thousands of HOA’s have clubhouses, tennis courts, etc that residents may reserve.

Yes, all HOA members have equal access to reserve the tennis courts and clubhouses. These amenities cannot be exclusively reserved for a select few members.

[Anonymous]

We know that everyone who read the Declaration before buying a unit was aware that the Board had the right to assign parking spaces on the private streets to individual owners. In other words, all buyers who performed due diligence knew that the private street curb lanes were "common elements but". Does Virginia law prohibit "common elements but" on HOA property, or does it just not define a name for them?