Reply to Potomac Yard (Alexandria) HOA

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Is the Potomac Yard HOA attorney not capable of looking up and interpreting case law?[/quote]

Here's some case law:

Assessments to fund services or improvements in the common area are different in kind from assessments to fund services or improvements on individual lots. [i]Because the common area is shared and jointly owned by members of the community-interest association, the association needs rules and a governance structure (1) to make decisions about the common area, and (2) to ensure that [b]members pay their fair share of common-area expenses and [u]do not free-ride on the contributions of others[/u][/b]. [/i]

Seems the ungaraged owners are free-riding on the HOA by making common area, maintained by the HOA, private to them alone. That's not right. [/quote]

+1
and the clubhouse analogy is stupid but can be extended upon too. 
Instead of a reservation system that is temporary and first-come first-served, I'm going to get my HOA to just assign the clubhouse to me permanently. It used to be common, but now it's for my exclusive use. Nobody else can use it, not even if I'm not currently used it. It's blocked off for when I, and only I, wish to use it. [/quote]

Nobody else can use it during the pendency of the reservation. Moron. [/quote]

There is a federal court case on this topic against a HOA in Virginia, as one of the HOA members is alleging he is being denied clubhouse access because of his religion. The same lawyer representing the Potomac Yard HOA is also representing another HOA in a similar matter. Her motion to dismiss was denied, which is unsurprising, as motions to dismiss are standard operating procedure for insurance lawyers seeking more billable hours.

https://aclj.org/religious-liberty/hoa-gets-caught-banning-bible-studies-from-clubhouse-tries-to-dismiss-aclj-lawsuit-court-hearing-set

https://aclj.org/religious-liberty/aclj-sues-hoa-for-unlawfully-banning-religious-group-from-use-of-facilities-in-violation-of-the-fair-housing-act[/quote]

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