LAKE
BRADDOCK HOMEOWNERS
WHETHER OR NOT YOU’VE VOTED ON
THE AMENDMENTS TO THE LBCA GOVERNING DOCUMENTS, PLEASE READ THIS. YOUR RIGHTS
ARE AT RISK.
As you know, the Board of Directors has proposed a series of
fundamental changes to the LBCA Governing Documents, specifically to a document
called the Declaration. This flier will
discuss only the proposed Amendment about Parking. The Board seems to have figured out that the
Homeowners will not tolerate any of the other proposed amendments; but the
Board has “leverage” with the Parking amendment. They know that you want your “assigned”
parking spaces back, with your right to the exclusive use of those spaces
guaranteed by the Association. But
instead of proposing an amendment that provided what you want, they’re trying
to force on you an amendment to increase the Board’s own power.
Their proposed amendment on parking reads as follows:
Article V, Section 1of the Declaration, Members Easement
of Enjoyment, shall be amended by adding the following subsection (f):
(f) the right of individual
Owners to the exclusive use of assigned parking spaces and the Association’s
regulation of assigned parking spaces, overflow parking spaces and/or visitor
parking spaces through the granting of easements, licenses, or the promulgation
of rules and regulations to regulate
parking on the common areas as the same may be published and amended by the
Board of Directors from time to time, which rules and regulations may
provide for the impositions of
charges and/or limitations on, or
suspension of the privilege to use the Association’s common facilities and
amenities and/or the use of such parking
spaces.
So, your “right” to park will become a “privilege” which the
Board will be able to “suspend,” or for which the Board can impose a “charge,”
pursuant to any “rule or regulation” that the Board – or any future Board –
decides to adopt. You will have no right to vote on the “rule or
regulation,” and if you don’t pay whatever they decide to “charge” you, the
Board will be able to “suspend” your “privilege” to park in LBCA. But keep reading, because that’s just the
start.
As you’ve read above, the amendment would permit the Board
to impose “charges.” The Board craves
the authority to “fine” you and the “charges” can include (among other things) “fines.” Virginia Law, the POAA (Sections 55-513.B and 55-516.I) allows LBCA to collect that
charge/fine by auctioning your home
on the courthouse steps through nonjudicial foreclosure without
ever going to court. Somehow,
the Board never mentioned this in their effort to increase their own power, but
we can’t expect the Board to tell us everything, right?
The powers sought by the
Board in this Amendment are exactly
the powers that LBCA Homeowners are overwhelmingly
rejecting in the proposed “rules”
amendment. The only difference is that, in the
“parking” Amendment, the Board has a hostage. Namely, YOU.
What
can You Do? Here are a few ideas.
First of all, if you haven’t signed the Amendment,
please don’t. To protect your
rights, you don’t need to vote at all.
Declining to vote is the same as voting “no.” If you decide to vote, please vote “no.”
If you’ve already voted for this Amendment, please
reconsider, and if you decide that you don’t support the Amendment; go to the
LBCA Office with a photo ID and tell them to remove any reference to you as
having signed to support the Amendment. (LBCA has a list, by names and addresses of
who has -- and hasn’t – voted, and how they voted.) The LBCA Office is located at 9528 Ashbourn Drive,
next to the Ashbourn Pool.
You can discuss your experience with the Office at the
website lakebraddockburke.blogspot.com. You can also go to lakebraddock.com, click on “Your Community,” then “online services”
and then “newsletter.” You’ll have to
register. Once you’ve registered, the
“Your Community” pull-down menu will include a button for the “LBCA Discussion
Group,” which will open a page where you can click on “Neighborhood
Topics.” Much has been written about the
proposed Amendments, and you’ll be able to post.
Blogs are great, but talk live with your neighbors,
too. And speaking of neighbors, consider
calling a few Board members to tell them that you do not support, and will not
vote for, this Amendment.
Finally -- and most importantly -- tell the Board how you want this situation fixed: Ask for a revised Amendment that
addresses only the restoration of reserved parking spaces. Anything beyond restoration of
reserved parking spaces should be the subject of a separate Amendment.
That way, in the separate amendment, the Board can still
propose anything they want. They can ask
for all the power they want -- but they won’t be holding your parking spaces “hostage” to get the amendment they want.
Remember, the rights that you’re being asked to “vote away”
are your rights.
Once
those rights are gone, you will not get them back.
