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Homeowners say they feel trapped in Lee's Crossing
Two armed Loudoun County sheriff's deputies in full uniform stood watch over the Lee's Crossing annual meeting April 17 in Lucketts.In complete silence, they listened for more than two hours as frustrated residents exchanged words with homeowners association board members and Jack Merritt, the developer and president of the community.
The officers said they were called to “keep the peace” at the meeting at the Lucketts Community Center because of contentious relations between homeowners and board members there.
“The problem is [Merritt] is totally inflexible, and he's [angered] the whole community,” resident Graham Davies said. “There's just no common sense to the place. It's a nightmare.”
Merritt says the homeowners are grumbling unnecessarily and should appreciate the work he has put into their community.
Lee's Crossing features million-dollar homes on 10-acre lots. There are rolling hills and green fields, and many of the residents own horses. Everything from color schemes to building materials is carefully coordinated.
Despite the picture-perfect appearance, residents in the community established in 1999 near Lucketts said relations with the developer have deteriorated over the years.
Many are upset with the way the community's architectural review board is run, and they said they feel Merritt has sole control over the community.
Residents tell of having to repaint parts of their house deemed the wrong shade, and having to replace windows they were told were the wrong type.
One homeowner has been hit with 41 violations and is currently being sued by the HOA. The homeowner's neighbor, surprised by the lawsuit, spoke up at the meeting, asking what the lawsuit was. The violations were not disclosed.
Another man, who did not want his name printed in the newspaper, said he was prevented from constructing a wheelchair ramp outside his home for his son. He and his wife were forced to build the ramp inside the garage where it would not be an “eyesore.”
That same family was forced to redo plans for their home after they said Merritt suddenly decided there would be no more homes other than brick ones in the community.
“I had no idea before I moved in,” Davies said. “You read the HOA rules and regulations and you think some things might not come to fruition, but every single thing has come to fruition. It's outrageous. Everybody suffers.”
Some residents, like Parash Shah, bought land in Lee's Crossing years ago but have yet to build. Shah said he doesn't want to construct his home because he is afraid of clashing with the developer over the specifics.
The relations between homeowners and the board are also costing everyone. The HOA spent $30,000 in legal fees -- in part for suits against homeowners -- last year and plans to spend that much in 2008 as well.
Both Merritt and his wife, Valerie, hold positions on the HOA board. Their positions should have been up for re-election this year, said homeowner David Sherfey, but a recent decision Merritt made has strengthened his position to the point that he cannot be voted off.
In a community under developer control, the developer starts off with all the property – and all the votes. As homes are built and property is sold, votes transfer to homeowners.
By early this year, Merritt had lost his majority of the votes, but he was able to gain them back March 19, when he annexed 13 additional 3-acre lots into the community.
Now he has full control of the board and cannot be voted off.
“In effect, he took the election away,” Sherfey said. “Had the election happened, we would have had the votes to replace him.”
Merritt said he did this to prevent an unqualified person from taking over the board.
“Whoever takes this position needs to have a high level of commitment,” he said. “It needs to be someone who wants to see things done correctly. My confidence is shaken when I see things like what has happened here.”
Merritt said he is disturbed by homeowners' complaints and the level of dissatisfaction in the community.
Now, residents are stuck in what they call a hopeless situation, where they feel they are trapped and have no power to influence change.
“He has all the votes,” Davies said. “We don't have a board of directors.”
Even though homeowners feel slighted, everything that has been going on is completely legal, said attorney Bill Daly, who represents the Lees Crossing HOA. He said everything Merritt has done falls within the provisions of the governing documents of the community.
“Homeowners feel they deserve more of a voice, but ultimately no matter how morally right they feel that position is, a judge will put blinders on,” he said. “The declarant [Merritt] has taken a position in accordance with his rights.”
During the annual meeting, the three homeowner board members, John Bennett, Paul Beckwith and Barry White, said they want to establish a better relationship with other residents.
They plan to use the community Web site to keep everyone informed of what is going on, and they want more resident participation on HOA committees.
Still, homeowners aren't sure if that will help.
“I'm concerned about the reputation of Lee's Crossing throughout Leesburg,” one resident said at the meeting. “It's escalated to the point where people will not buy into this community.”
Contact the reporter at ecoe@timespapers.com
In Virgina, the developer of planned communities holds all the cards. This is because the government of the Commonwealth of Virgina WANTS it this way. If the Commonwealth wanted to side with homeowners, they would amend the HOA Act to require developers to act in a fiduciary capacity. (i.e they would have to send contracts out for bid instead of giving them to friends and associates at inflated prices and they would be required to consider the cost/benefit of suing their residents, among other things.) Look at Lansdowne for example. The developer rezones large tracts of community to jam in hundreds of condos that did not appear on the original site plan, builds facilities that fall apart after 2 years, contracts for no bid services, hires his own firm to provide telecommunications servcies for 25 years at nearly double the rate Verizon charges and then washes his hands of the whole matter. Why? Becasue HE CAN. Sounds like a similar situation in Lee's Crossing. Where are our elected representatives? Why can't someone sponsor a new HOA bill to hold developers accountable for fulfilling their promises? Delgate Poisson, we would love to hear from you on the HOA Act.
Posted by rjburns
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This is ludicrous. The entire reason for tough HOA rules is to keep property values up. But overly strict HOA's actually drive away potential buyers so market values will go down for that community.
I was on an HOA board for a year and my votes were based on a simple rule: Is the homeowner's proposal an enhancement to the community or not? If my answer was that it enhanced or made no difference to the community then I voted for it.
It seems that this guy is using the rules to an extreme extent. So I'd encourage the homeowners to exploit the rules as well. If the wheelchair ramp isn't allowed then put wheels on it to make it a "portable structure" that is probably not restricted. If flags are permitted then put up forty flags on each lawn. Jerks like this guy probably can be swayed by public humiliation so put a sign on your car with your complaints and park it in your driveway. Do everything within the rules to make his life hell and eventually you'll win.
Posted by Sam
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