When two bureaucratic organizations go head to head, things can get ugly. It's safe to say that a longstanding feud between Fairfax County and the Shadowood Condominium Association involving the condo association's authority to levy fines against public housing units owned by the county got really ugly. Like highest-court-of-the-landstate ugly.
Fairfax County owns 16 units at Shadowood. In May, the county's Redevelopment and Housing Authority issued a resolution basically giving its own staff responsibility for day-to-day operation of its units. And following two years of litigation, the Virginia State Supreme Court ruled earlier this summer that the Shadowood association didn't have the authority to impose charges or suspend owners' rights.
In 2010, FCHRA filed suit against the Association claiming that the Association had improperly assessed more than $20,000 in fines against FCHRA, and had attempted to suspend its rights and privileges to use facilities and common elements because FCHRA had failed to pay the assessed charges. FCHRA argued that the master deed and bylaws only permitted the Association to levy assessments for maintenance of the property, and that the Association was prohibited from levying assessments for violations of the policies or rules and regulations of the Association.A lower court judge had previously found the fines "more consistent with a punitive fine than then type of charges necessary for the operation of the Shadowood property." Similar stories have popped up in the past.
Hunter Mill Supervisor Cathy Hudgins is holding a community meeting with representatives from the county's Consumer Affairs Branch on Sept. 24 to discuss the implications of the Supreme Court decision. In a letter to Shadowood residents, she writes:
This decision marks the end of two years of litigation. When the process began we knew that all Shadowood Condominium Association owners would be required to fund the litigation, and as one of those owners, Fairfax County shared in these expenses. These expenses were necessary, however, to establish that the SCA's policy of imposing fines was both unwarranted and unauthorized. While not all Shadowood owners have been erroneously fined, I believe that many have been.Government overreach or a principled attempt to defend property owners from another overreaching organization? We'll have to consult our Illustrated Ayn Rand Reader and get back to you on that one.
Hard to believe that this will increase their property values. How can this community survive with these units? As the onslaught of the housing crisis continues, I bet they have lost FHA financing and the ownership ratio are tilting towards the investors vs. owners. Not good for anyone at all.
ReplyDeleteWhat does the county need to explain? How to sue the HOA? Isn't that what lawyers do? Seems to me that Supervisor Hudgins continues her long affair of not listening to constituents. It's her way or the highway.
You amaze me...speaking about the lost of FHA finance because its the fault of the county. Ask yourself --- "isn't it strange the the Shadowood Board is buying condo units in the community and then renting them out. The Board said that the last purchase in 2011 was a great investment. Look at some of the Shadowood Newsletters (Shadoword) and read how the Board BRAGS about the profits they make on rents. If investors are become slum lords, then the Shadowood Board can be consider one of the slum lords.
DeleteHey there anon 12:11 how about you read and report on the facts? Condos owned by a condo itself are considered reserve fund assets and are considered owner-occupied from the FHA's perspective.
DeleteIncidentally, what's wrong with making money and profits on rents? There are a few Restonians who believe that's a good thing -- otherwise, we would not be living in one of the wealthiest counties in the US.
Not everyone thinks the government should own and use housing as a way to buy votes and completely bar people from doing anything to become self-sufficient.
Regardless of the FHA certification issue, if the 16 units were not government owned there would be about $40,000 more tax dollars annually coming to Fairfax County, more than $100,000 in condo fees not being paid by the government, and another $10,00 or so of our tax dollars not going to the RA. What do you have to say about that?
PS -- isn't it great to be amazed by the informed, erudite and eloquent (Defined for the ignorant. Amazed: greatly surprised; astounded; suddenly filled with wonder) :)
Looking at the Supreme Court's and Circuit Courts decision, policy resolution 2009-03 was invalidated. But if you look at the resolution it superseded resolution 2005-07, which in turn superseded resolution 1990-01, which in turn superseded resolution 1984-02. Why did it take almost 30 years for the FHRCA to look into this?
ReplyDeleteThere's a consent decree from 1985 or so in the Fairfax County Circuit Court archives. Time to pay a visit and do a little research on what's been going on.
Sometimes there's a long history of problems that needs to be looked up... A story that this government agency wouldn't like it to be revealed.
I looked up that 1985 order --- and the FCRHA was *** ordered *** to comply with all of the condo's rules and regulations. So what happened? They decided they didn't want to comply, marched their way to Richmond, wiped out nearly 30 years of good governance all to get their way?
DeleteJust abominable...boggles the mind to think that the taxpayers had to fund this.
Has Hudgins ever though about sitting down, breaking bread and resolving differences that way?
Your absolutely do not know the priorities of the Law and statutes of Virginia. The Supreme Court in this case made it clear to the Attorney for Shadowood that the Master Deed and governing instruments of the Association are "business contracts". No courts or state will overturn the Contractual agreement between the Association and the Owners who become shared members...the key in all this is that the Business Contract does not give this Shadowood Board the power to collect monies from owners when they do not have the contractual authority to do so. Whatever decrees and all the rest of your attempts to divert from the truth is worth "null" under the laws of Virginia
DeleteAre just suggesting that the seven (7) Justices of the Virginia Supreme Court and all the legal resources they have didn't do a comprehensive review and if you were a justice and had looked at some 1985 order all would be different. You are misrepresenting the facts too far Pinocchio. It wasn't the County (FCRHA) who marched "their way to Richmond". Get your fact straight...it was the Association, the Board, who marched down to Richmond since it was the Board (Appellant) who Appealed the ruling of Judge Randy Bellows. It was the Board who "decided they didn't want to comply with the highest court in Fairfax County; a litigation that took the courts one year to decide that this did not have the management authority to do what it was doing. So when you mention 30 years of good governance, which is a fantasy, what you really mean is not being caught with your hand in the cookie jar for 30 YEARS.
DeleteThere is Black and White documented evidence that the Shadowood Board had it within it power to come to a negotiation. Remember: this Board said to the county, you owe us in parking fines $21,000. This was clear profit for the Board. If they reduced the fines, it would not have reduced the "profit"; nothing else. NO! If someone wants to understand the facts, the nitty-gritty facts. Go to the Fairfax County "reading room", Circuit Court, 3nd floor, and request to inspect the case. The folder is about 8 inches thick and includes everything, as well as, the Opinion by the Supreme Court. There are public documents to prove that the board would not negotiate and if you look at the case docket, there is evidence to show how badly the President of the Board treated the Acting Director of FCRHA at a crucial time when they should have been looking to negotiate. The evidence is there. It's not a pretty mural of this Shadowood Condo Board.
So, according to the State Supreme Court the mob can form an LLC and use the LLC to buy up 16 units at Shadowood that will be rented to low income mob members that will then proceed to trash the units out, the trashing out of which helps reduce the value of the non-mob owned units, which allows the mob's LLC to purchase even more units at a discounted price, and the Shadowood Condominium Association can't do anything to enforce 'policies, rules or regulations' that supposedly help preserve and even increase the market values of ALL the units. It's funny that the State Supreme Court has basically authorized the mob to do what the mob has been doing for decades in marginal neighborhoods. I'm suprised the smart fellas at Bain Capital never thought of deploying this affordable housing strategy.
ReplyDeleteNo, "It's [not]funny that the State Supreme Court has basically authorized the mob". What is sad is that Shadowood Board knew for years that it was violating the its own governing documents, using the power to pick the pocket of owner...the power to levy and take money from owners was surgically uses to intimidate and harass blacklisted owners who opposed the Board. Thank God the Supreme Court has denied the Board to use of this weapon of retaliation on the Shadowood owners.
DeleteSpeaking of the mob, I noticed that Reston's very own Godfather, Robert E. Simon, recently made the news by insisting that debt is the American way of life.
ReplyDelete"I think you all will make some sense, which your previous boards have not done," he said. "I appeal you to be sensible. You are Americans! It is un-American not to have debt."
http://reston.patch.com/articles/simon-to-ra-board-grow-up-and-borrow
I truly love our Godfather. This latest quote of his reminds me of another classic from Simon.
"Hey, kids, if a total stranger offer you drugs, then take them because drugs are very, very expensive. As a matter of fact, taking free drugs is part of what it is to be an American."
This is definitely in Pat Herrity's alley. Proves beyond reasonable doubt the county's housing programs are out of whack.
ReplyDeleteTis a fact that more rental units are owned by Fairfax County than anyone else. All those thousands of units off the tax rolls and not generating any income for the pauper-poor county.
DeleteThis number does not include section 8 and other forms of subsidized housing.
Mr. Herrity is right --- there is no need for granite kitchens and posh clubhouses and gyms and millions being spent annually on the condo fees to support that opulence for the so called "poor" people.
The irony is that Shadowood units can be bought for $100k or less -- there is no long line of teachers, cops, fire fighters or others to buy them. So where, Cathy, is the urgent need for "workforce" housing?
MUCH nicer than the Reston house on which I pay $4200 a year in property taxes:
Deletehttp://www.thomasjeffersoninst.org/files/3/Subsidized%20Luxury%20in%20Fairfax%20County.pdf
I wish I were so "poor":
Delete*** Hundreds *** of families living in housing subsidized by Fairfax County taxpayers exceed income caps designed to ensure that only the neediest receive assistance, a review of county records shows.
In the most extreme cases, Fairfax is underwriting rents for families making well into six figures: One household getting help makes more than $216,000 a year; another, $184,000. Dozens of others -- making $60,000, $70,000, $90,000 -- exceed eligibility caps. And they do so with the tacit approval of county housing administrators, who do little to encourage occupants to move on when their fortunes improve.
http://www.washingtonpost.com/wp-dyn/content/article/2007/09/29/AR2007092901614.html
YES,a nice dig at Fairfax Housing and the Supervisor's office.
DeleteIt's wrong and unjust that hundreds of families are fleecing the taxpayers.
DeleteHer title is not supervisor for no good reason--the bucks (and there are millions of them wasted here) stop with her.
Those who allow this to happen should be brought to justice and the perps evicted.
Sell the houses and get them onto the tax rolls.
Mean Daddy -- I don't think Shadowood will need those LLCs. They've got them already with the FCHRA which we know for a fact that their properties don't pay taxes at all. They've also got the section 8 slumlords, who can now safely dump their tenants and have at it knowing the association has no recourse to enforce any rules or policies other than (my guess) going to court... and that takes time and is expensive since you need to get attorneys involved. Hudgins is "brilliant". How can you call a meeting of the residents that it will probably be a big s*** storm? I'm sure that everyone and their mothers will have their own opinions. All the owners in Shadowood are the losers who are getting the short end of the stick, no matter what. Is Hudgins going to cut them $100,000 checks to soften the blow?
ReplyDeleteThat's unbelievable, nice, Shadowood owners who will be coming to the Sept 24 meeting to hear after 2.5 years about this litigation which the Board kept secret, which the Board spent $100,000 in the plural...so these owners are LOSERS. No, Hudgins should NOT cut any checks ... but now that a LEGAL DECISION against this Board is on the records, and affirmed by the Supreme Court --- this Board after year of unauthorized collection of owner monies may have to cut many checks for more than $100,000.
DeleteAnon 1:04 -- see below about destroying your community.
DeleteYour strategy will do nothing but enrich more lawyers -- this set the Association's bankruptcy lawyers -- and that is exactly what you will remain. A loser, but this time, a financial one too.
Or, it will turn Shadowood into the next Lake Anne with $1500 monthly (and higher) condo fees, with deeply depressed property values, for the few who can afford to pay them.
At least when Hudgins had her "charettes" about the Lake Anne mess, she had the balls to work with the community directly.
Of course, we all know her meetings and our millions of tax dollars were wasted since Lake Anne is little, if any, better off today than before all the meetings and millions of dollars. The county spent 60 MILLION of your dollars to buy yet more housing in Lake Anne and is now turning to professional developers to do the work. What a disaster. Epic Fail disaster.
Read the court orders -- the Association, of which you are presumably a member, was named, not the board and certainly nor individuals, and the decision is forward, not backward, looking.
"Is Hudgins going to cut them $100,000 checks to soften the blow?"
ReplyDeleteI think part of Hudgin's strategy by conspiring with the county to undercut the market value of every unit at Shadowood (and therefore the market rate rent value) is that by lowering property values it makes Shadowood a more viable option for low income prostitutes that are being lured to Reston to ply their trade among the armies of construction workers building the Metro station.
Apparently, prostitues and construction workers...uh...go hand in hand...so to speak.
http://www.washingtonpost.com/blogs/capital-business/post/are-construction-projects-luring-prostitutes-into-downtown-dc/2012/09/18/3c99bef6-fe79-11e1-8adc-499661afe377_blog.html?hpid=z4
Obviously, with the huge number of construction projects now approved and slated for Reston, including the millions of units to be built at the Reston National Golf Course and the Hidden Creek Golf Course, low income prostitutes seeking their fortunes in Reston are going to need a long-term affordable housing solution.
Strong Pimp Hand-controlled condominium associations appear to be on the horizon for Reston.
Could it be that the long-term goal is to drive property values down to a point that makes them attractive targets for developers -- do I dare use the "R" word?
DeleteOf course that's her plan -- stuff Reston full of more of her voters! Her main focus in life is housing, little else, but she seems now poised to court developers and their money -- the golf course? The skyscratcher, opposed by all, recently approved at town center? Is her re-election campaign near?
DeleteShe recently wrote in one of her taxpayer-funded propaganda pieces that she was about to retire -- but, of course, we all know she's not a woman of her words and is now out to screw Reston royally and kill off the golden goose.
Romney is very right about the 47 percent and more and more of them are coming to live in Reston with its gold plated services and live in her "workforce" housing.
Clearly, your strategy is to attack the "messenger". Supervisor Hudgins wants to put some light on this matter (I assume you are a SCA Board Member). So, as stated by another reply, the cockroaches can't stand the light...into your hole.
DeleteI am not a Shadowood board member, so don't wrap yourself around your own axles, but I cannot imagine why the supervisor needs or wants (or should) be involved. The Supreme Court ruled and it's done. Nothing to explain.
DeleteAs to her statements and not being a woman of her word, the facts and her actions speak for themselves.
She's certainly no Mother Fairfax (Ms. Martha Penino who was loved and respected by nearly everyone) and she's not a well liked woman among the rational in Reston these days.
If the SCA can't fine to enforce rules, does that mean that RA can't either?
ReplyDeleteNot clear -- but SCA is not a POA (like the RA) and is and is governed by different statutes. RA has restated its governing documents at least once, so perhaps it has empowering language in its docs to fine.
DeleteThe troubling thing is that the SCA apparently has neither the authority to enforce nor to fine for rule infractions. I doubt that is what the legislature intended when it changed the law in the early 1980s to allow for some autonomy in rule enforcement.
I guess that the SCA has to go to court to enforce its rules now. Neither fast nor economic.
If you take time to read the Opinion of the Supreme Court that issue of the 1980s legislation was argued by the Association attorneys, without success. Now, should we conclude that the Association Attorneys are idiots, inept and incapable to litigate in the Fairfax Circuit Court 2010 and the Supreme Court 201?. That the Shadowood Board would have won the day with better Counsel[s]. I hope the Board is reading this.
DeleteGood try.
I admire your bravado, but on what basis does one conclude counsel are idiots?
DeleteSurely you don't imply that 1/2 all litigating attorneys (those that lose their cases) are idiots, do you? (I might argue that the percentage is far higher -- considering one former Democratic presidential contender, but I digress).
There was a conflict in the circuits (Loudoun county ruled the opposite of Faifrax), and that conflict is now, (apparently?) resolved.
Definitely government overreach. Fairfax county owns NO units at Shadowood. A separate political entity, with its own executive organ, owns 16 Shadowood units -- the Fairfax County Redevelopment and Housing Authority -- an "authority" that has been silent on the matter. Its focus should be on redevelopment, perhaps, but that's the entity that should be attending Shadowood board meetings and participating in association governance. Hudgins has no business there and her allegation that she works with the community is preposterous. She wants the votes -- nothing more.
ReplyDeleteDoesn't Hudgins have better things to do, like cleaning up the mess she manages called Metro and the hideous eyesore called Tysons Corner? To wit:
"Wednesday’s Red Line meltdown was just the latest example of a subway system in severe crisis. It may have been the most dramatic example — mysterious power outages, dangerously overcrowded platforms, passengers single-filing their way down the track bed like characters in “Cloverfield” — but it wasn’t really all that surprising. Metro long ago stopped being what you’d call dependable. If you’re not stung by one of the numerous weekday annoyances, you board a train on a weekend only to find that half the line you’re taking is shut down for “routine track maintenance.”
http://www.washingtonpost.com/local/a-modest-proposal-dump-metro-get-goats/2012/09/19/cf78c714-026e-11e2-8102-ebee9c66e190_story.html
Moreover, Hudgins invited only Shadowood residents -- more than 55 percent of the condos are owned by absentee owners. Are they not invited?
You are so full of it. Every Shadowood owners was invited, resident and off-site owner was invited.
DeleteHow rude. First, it was a question. One is not full of it for asking a legitimate question.
DeleteSecond, your statement is NOT TRUE.
The letter was addressed "DEAR Shadowood RESIDENTS":
Use your brain: look up the word "resident."
And try spell checker too. "...owners was invited" is not correct English.
Can someone post a copy of Hudgins' letter?
ReplyDeleteDear Shadowood Board of Directors: Congratulations you did a great job on so many preposterous Restonian "replies" regarding Supervisor Hudgins’ Sept 24 meeting. Your replies reinforce the Board’s long-standing M.O. –to "kill the messenger". This time the Board’s target was County Supervisor Catherine Hudgins attempting to deflect from the truth regarding the Board's mismanagement and ineptness – the truth is that Seven (7) Justices on the highest Court in the State of Virginia affirmed that the excruciatingly painful, legal flogging the Board received at the hands of the Circuit Court and the Attorney’s Office of Fairfax was DESERVED; unfortunately, the flogging of 100 years ago is no longer enforced. The Board had every opportunity and was represented by the best “money” can buy in Counsel (2); give a guess $200,000 in legal fees? More? The Board had their day (two years) in court (twice) and still the Board was unable to convince sweet lady Justice.
ReplyDeleteWhat the Circuit Court did to the Shadowood Board was a combination of painful, gut-sucking-blows to the ego-arrogantus mid-section. Blow #(1) the illegality of the Board to assess fines. Blow #(2) the invalid hearing panel process, and the knock-out Blow #(3), paraphrasing the Circuit Court, “the collection of fines is more PUNITIVE than assessments”. Here, the Judge actually used the word PUNITIVE.
In the last five years the Shadowood Board has collected 100s of thousands; is half- million too much? Fine collection was elevated to a science; it was a fantastic income-generating enterprise, no overhead or inventory, pure profit. Therefore, paying $200,000 in legal fees to reverse the Circuit Court, well, this Board would do it again. Really, the logic is not bad ($200,000) of legal fees (lost) divided by 450 units and the owners wouldn’t have any idea how much it really cost? It would be buried in the budget.
The Big question: will the five (5) Shadowood Board members accept the invitation from Supervisor Hudgins? Yes, each member did receive an invitation to the 24th? The eyes of the County, the local community, the 450 Shadowood units and maybe the media will watch the five (5) seats reserved upfront for the Board members.
ANOTHER OPEN INVITATION TO THE MEETING
Dear Board President and Members of the Leadership Team:
Please accept the Owner’s Invitation to the Terraset Meeting. A lot of association owners will be there; you know, your BOSS. You spent the good amount of our money, association money, to argue that you have the right to fine us…that’s fine; in the Circuit Court, and then, in front of Seven (7) Justices. It took two years. You never told us. Please, since you had all that time and all that money to spend in the courts, well, spend a little time with US, the association owners, your BOSS on the 24th. Look us in the eyes, and explain your side of the story. If you don’t believe we deserve an explanation on fiscal responsibility, that’s OK we understand and we’ll accept your resignation[s]. We realize not all of you are at fault; just one or two; just a few. Thank you. Your Boss, the Membership Team.
(end of invitation)
Shadowood owners are good people with families. We are puzzled that our elected Board kept us in the dark for two + years. It seems the Shadowood Board manages under the COCKROACH Principle. When the lights are turned on and this board is discovered for who and what they are, the board scatters into their holes.
Members of the Board “enlighten” us at the 24th. Yes, you’ll be asked “glaring-head-light-beam” questions and there will be no place scurry and hide at the Terraset Elementary School Cafeteria. We simply refuse to believe the Las Vegas money that the Shadowood Board will not attend, but that you’ll send stealth “observer[s]”to report on the going-on. Tell us it isn’t true?
I am a Shadowood owner and I am good, but I am family-less (some of my family members were killed in a plane crash and others on 9-11 in NYC at the WTC). So please stop speaking for me. I hope to preserve my investment, live to see the benefits of Metro, and benefit from increased property values.
DeleteSo, will you please STFU, get a life, and add value to my community rather than tearing it down? Do you have ANYTHING positive to say or offer? If the board is so bad, what will YOU do differently or better?
We all know that you will not be fining me, nobody will, and I have no incentive to pay my condo fees since there is no penalty for not doing so.
I want to hear positive things and what will improve life for ALL Shadowood owners.
So tell us what you will do for Shadowood?
First, I am so very sorry about your loss. I can see from you comments that you are really the type of person that needs to attend the 24th meeting at the Terraset Elementary School. I am not here to criticize or frighten you, but the situation is such that owners in the Shadowood community need to educate themselves in order to protect yourself. I received an email today -- a few owners from Shadowood went down to Richmond yesterday. That's about 200 miles in order to tell some of the state officials in Richmond about the problems in the Shadowood community. 200 miles for 5 minutes. Those owners are trying to help. Owners have to help each other. Don't expect a savior to come and remedy our community.
DeleteFinally, you have to become familiar with the SCA regulations. If you don't pay your monthly condo dues, eventually, you would lose your home. By the time the Board take you through the courts to collect the monthly due and have all those legal expenses on top of everything, your only option may be to sell.
Come to the 24 meeting. There will be professional who will be able to answer a wide range of issues and problems. This is a great opportunity.
What a bizarre chain of things.
DeleteWhat do two people with nothing better to do with their time and their lives but to waste it and fuel driving to and from Richmond? To stay there only 5 minutes? I can't imagine a more stupid, foolish thing to do on a beautiful autumn day
For sure, absolutely would not want anyone who acts like that running the condo.
What does me not paying my condo dues have to do with what YOU will do for me and this community? I had a competent lawyer review all of the documents in the resale package when I bought my condo -- I am well aware of the regulations and, of course, fully understand that my contract requires me to pay my dues and my condo to maintain the property. It's being maintained. In fact, I got about $2300 for a brand new air conditioner that the condo paid for and installed -- costing me nothing up front. Badly managed condos don't do things this way.
Once again, please stop speaking for me! This community looks just fine -- things are fixed, things work, things are being maintained. There are no problems here other than a very few of you who are intent on ruin.
I am quite satisfied with this community and how it's run.
Once again, I ask what you will do differently and better?
My God --- what a nightmare? Who would ever want to live or invest there? A common-interest community? NOT!
ReplyDeleteIt looks and sounds like a few idiots want to cause mayhem and are doing a fine job of crapping where they live, destroying their homes, their investments and their community. That's just insane and it's pathetic.
How soon, Restonian, can those bulldozers tearing down Parc Reston (aka Jonathan's Keepe) get to Shadowood and put these ne'er do wells out of their own misery?
I got aninvitation to the September 24 meeting. I called the Office of the County Supervisor and talk to, I think his name was Taylor. Well, from what he told me, I can't afford to miss this meeting. I've been in Shadowood a few years now, this Board? I don't even know that there was a court case since 2010 and that the Board lost.
ReplyDeleteWhy is it, and i have seen this many times. The Board is so quick to puff up like a peacock when it has something to brag about but when the news is not good, well, not a booo?
How can I trust someone,the people at the business office or the board? they tell me how good a job they are doing and all the good things they are doing for me and all the money they are saving...what about that other stuff that they are afraid to tell me about? That scares me. Are they also losing my money?
To the Shadowood Board: Show Owners the 2010 audit, the 2010 & 2011 actual financials, the true and full accounting for the HVAC and energy management system. No secrets. Hold elections, get FHA back, and focus on repair, maintenance and replacement like the contract and the court says. If you can't or won't do that then you should resign. Simple enough.
ReplyDeleteWhat a complete and total waste of time and money! A bunch of idiot owners and more tenants there than owners -- all whining and bitching about everything -- none of which had anything to do with the meeting topic.
ReplyDeleteI could not believe what I was hearing or that a Supervisor would be so stupid to wade into this nonsense. To call it it a meeting would be insane; it was mayhem brought on by a few who are very bad investors.
At least the property values are increasing rapidly and for that I am very thankful.
The Shadowood Board filed with the VA Supreme Court without the knowledge of the owners; the Board wasted Association Owner Dues on attorney fees; the property values have nothing to do with the Board's management. Not one Board member came to Supervisor Hudgins' meeting to present their side. Gutless.
DeleteMy understanding of one aspect of the Virginia Supreme Court Ruling in Reston is that the Master Deed of Reston would require an amendment in order to allow each of the HOA's to regain authority to enforce the individual cluster covenants. In order to change this a vote for the change would have to pass by nearly 70%. The Supreme Court ruling has pulled the teeth out of the clusters in Reston by taking away the associations' right to enforce violation assessments to owners for their property. Some of these places are very deteriorated and remain that way because of sluggish procedures and slum lords. If you're living next to a crumbling shack and want to sell your house, good luck. When we made the badly informed decision to buy into this toilet, we were handed a bunch of papers that we thought guaranteed to sustain Reston and protect us from slum-like conditions in our communities.
ReplyDeleteDoes anyone want to work with me to change the Master Deed or overturn the Court ruling? It will take some doing. Anyone?
For the time being, one option for getting things done is to make a complaint to Reston Association. Once the Comlaint has been verified, the owner is given a specified time period to correct the problems. Once that time period has elapsed, the matter is turned over to attorneys. Legal action can go on for who knows how long. Another option is reporting problems to Fairfax County Code Compliance. Fairfax County Health Department has been very helpful dealing with trash problems, rats, etc. Code Compliance is the go to place for houses that are in bad condition.