Homeowner charges HOA is failing to address safety issues
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| Ashton Commons. |
When Shirley Thompson bought her home in the Ashton Commons
community two years ago, she had no idea what she was in for. She discovered
numerous property code violations, lax enforcement by the homeowners’
association (HOA), and safety hazards.
community two years ago, she had no idea what she was in for. She discovered
numerous property code violations, lax enforcement by the homeowners’
association (HOA), and safety hazards.
When the HOA manager refused to fix the problems, she took
her complaints to various county agencies, state officials, and most recently,
to an attorney. So far, none of her problems have been resolved.
her complaints to various county agencies, state officials, and most recently,
to an attorney. So far, none of her problems have been resolved.
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| A makeshift kitchen in a garage. [Photo by Shirley Thompson] |
Ashton Commons, on Little River Turnpike in Mason District east of Annandale,
has just 28 townhomes.
has just 28 townhomes.
The common areas are dirty, muddy, and overgrown, Thompson
says; there is barbed wire and wood stacked up on a back fence. The HOA fails
to cite homeowners for leaving overflowing
trash cans in their front yards and construction debris in their driveways
or keeping bicycles tied to trees in front yards. At one point, she says, a
resident left a mattress and box spring in front of a house for two weeks.
says; there is barbed wire and wood stacked up on a back fence. The HOA fails
to cite homeowners for leaving overflowing
trash cans in their front yards and construction debris in their driveways
or keeping bicycles tied to trees in front yards. At one point, she says, a
resident left a mattress and box spring in front of a house for two weeks.
“Nothing here has been done right,” she says” The HOA is not
living up to its fiduciary responsibility.”
living up to its fiduciary responsibility.”
Ashton Commons HOA President Candace Klimek declined an
opportunity speak about these issues, and Kathy Simonovich, president of the
HOA’s management company, Service First Management and Consulting (SFMC), did
not respond to a request for comment.
opportunity speak about these issues, and Kathy Simonovich, president of the
HOA’s management company, Service First Management and Consulting (SFMC), did
not respond to a request for comment.
Lack of streetlights
The biggest problem for Thompson is the lack of streetlights,
which poses safety risks. While walking at night, she was once approached by a
strange man and another time fell on an icy sidewalk. It’s hard for drivers to
see pedestrians walking at night, she says, and once a man walked into the
wrong house because he couldn’t see where he was going.
which poses safety risks. While walking at night, she was once approached by a
strange man and another time fell on an icy sidewalk. It’s hard for drivers to
see pedestrians walking at night, she says, and once a man walked into the
wrong house because he couldn’t see where he was going.
Thompson says the darkness aggravates the PTSD she’s been
dealing with as a former Air Force flight nurse in Iraq. She lives with a
service dog and is working on getting a medical discharge from the Public Health
Service.
dealing with as a former Air Force flight nurse in Iraq. She lives with a
service dog and is working on getting a medical discharge from the Public Health
Service.
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| Trash strewn all over a homeowner’s yard. [Shirley Thompson] |
Thompson has complained about the streetlight problem to the
HOA, SFMC, and county officials and submitted a formal complaint in January to
the Office of the Common Interest Community Ombudsman, the Virginia state government department responsible for deal with these sorts of disputes.
HOA, SFMC, and county officials and submitted a formal complaint in January to
the Office of the Common Interest Community Ombudsman, the Virginia state government department responsible for deal with these sorts of disputes.
When she purchased her home, Thompson said the HOA president
told her that streetlights would be installed within the year. She later
learned that there are no such plans.
told her that streetlights would be installed within the year. She later
learned that there are no such plans.
Part of the problem, she says, is that Ashton Commons is subject
to a Fairfax County bond, “which I learned limits us from having streetlights
installed. Had I known this information prior to purchasing my home, I would
not have made this investment.” The landscaping company hired by the builder, NV
Homes, went into default, so the county retained the bond funds to complete the work.
to a Fairfax County bond, “which I learned limits us from having streetlights
installed. Had I known this information prior to purchasing my home, I would
not have made this investment.” The landscaping company hired by the builder, NV
Homes, went into default, so the county retained the bond funds to complete the work.
A letter to Thompson from Aaron Frank, former land use
specialist in Mason Supervisor Penny Gross’ office confirms that streetlights
won’t be provided: “The Ashton Commons subdivision is a developer default
project, which remains bonded with the county,” it states. “The county may not
require installation of streetlights prior to bond release, as this was not
part of the initial plan and the installation of streetlights is not planned.”
specialist in Mason Supervisor Penny Gross’ office confirms that streetlights
won’t be provided: “The Ashton Commons subdivision is a developer default
project, which remains bonded with the county,” it states. “The county may not
require installation of streetlights prior to bond release, as this was not
part of the initial plan and the installation of streetlights is not planned.”
A streetlight was installed on Little River Turnpike, but
Thompson says three more lights are needed to illuminate the interior streets –
and that would cost at least $100,000. At a meeting with the HOA president last
July, Gross suggested that the HOA apply for grant funding, from Dominion or
other entities, to help pay for streetlights.
Thompson says three more lights are needed to illuminate the interior streets –
and that would cost at least $100,000. At a meeting with the HOA president last
July, Gross suggested that the HOA apply for grant funding, from Dominion or
other entities, to help pay for streetlights.
“If a developer told her streetlights would be installed,
it’s not the HOA’s fault that they weren’t,” said Don Hinman, chair of the Association
Services Committee at the Fairfax Federation of Citizens Associations.
it’s not the HOA’s fault that they weren’t,” said Don Hinman, chair of the Association
Services Committee at the Fairfax Federation of Citizens Associations.
When Hinman was on the HOA board for Huntington Grove Square, a
townhouse development with just 40 units in Alexandria, he said the community
looked into installing streetlights about 10 years ago but determined it would
have been too costly, requiring a big monthly fee increase or special assessment.
townhouse development with just 40 units in Alexandria, he said the community
looked into installing streetlights about 10 years ago but determined it would
have been too costly, requiring a big monthly fee increase or special assessment.
Rules not enforced
Another problem cited by Thompson – inappropriate trees in
front of the houses (silver maples and sycamores) that will grow too large and
damage the foundations and underground water mains. An arborist she consulted
with agreed that smaller trees should have been planted, but the HOA has not
followed up.
front of the houses (silver maples and sycamores) that will grow too large and
damage the foundations and underground water mains. An arborist she consulted
with agreed that smaller trees should have been planted, but the HOA has not
followed up.
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| Construction debris [Shirley Thompson] |
Thompson also complained that the HOA is failing to enforce
parking rules. The 22 parking spots for guests are often taken by residents who
using their garages for storage, she says. She notes that some residents are
operating business out of their homes and renting rooms to boarders. One
resident set up an unsafe makeshift kitchen in a garage using a propane tank.
parking rules. The 22 parking spots for guests are often taken by residents who
using their garages for storage, she says. She notes that some residents are
operating business out of their homes and renting rooms to boarders. One
resident set up an unsafe makeshift kitchen in a garage using a propane tank.
Last summer, she complained to the Fairfax County Health
Department about an infestation of mosquitoes and was told the problem was
caused by standing water in outdoor flower pots and too-tall grass.
Department about an infestation of mosquitoes and was told the problem was
caused by standing water in outdoor flower pots and too-tall grass.
Thompson also believes the HOA should be following up with
the county to make sure things like a faulty stormwater system are fixed. “I
don’t feel like they’re fighting for us,” she says.
the county to make sure things like a faulty stormwater system are fixed. “I
don’t feel like they’re fighting for us,” she says.
While those problems have remained unaddressed, Thompson says SFMC sent her a “notice of covenant violation” for trimming trees in
her backyard, which she believes is retaliation for her complaints.
her backyard, which she believes is retaliation for her complaints.
Meanwhile, Thomas says the HOA is overpaying for maintenance
services, isn’t letting her see its budget or other documents, and doesn’t have
adequate meeting minutes. And, she says, the same people have been repeatedly
re-elected as HOA officers,
services, isn’t letting her see its budget or other documents, and doesn’t have
adequate meeting minutes. And, she says, the same people have been repeatedly
re-elected as HOA officers,
“I expect the board to do its job,” she says. “The board is
not complying with the rules and regulations.” All these problems “bring the
neighborhood down and bring property values down.”
not complying with the rules and regulations.” All these problems “bring the
neighborhood down and bring property values down.”
Conflicts
inevitable
inevitable
Proving that an HOA is incompetent is “can be pretty
difficult,” says Heather Gillespie, the common interest community ombudsman. A homeowner
would have to actually show that the HOA is violating Virginia’s Property Owners Association Act or the HOA’s own governing documents. Instances of HOAs committing fraud happens
“very rarely,” she adds.
difficult,” says Heather Gillespie, the common interest community ombudsman. A homeowner
would have to actually show that the HOA is violating Virginia’s Property Owners Association Act or the HOA’s own governing documents. Instances of HOAs committing fraud happens
“very rarely,” she adds.
When Hinman was on the Huntington Grove Square HOA board, there were disputes with
residents – usually dealing with disagreements over architectural changes. “In any
group there is always going to be a conflict that needs to be addressed,” he
says.
residents – usually dealing with disagreements over architectural changes. “In any
group there is always going to be a conflict that needs to be addressed,” he
says.
“With small communities, it’s hard to get people to run” for
HOA board positions, Hinman says. “Only a few people are willing to serve, so
they usually get re-elected.” Board meeting minutes “tend to be skeleton
documents, only recording actual votes, not notes on discussions.”
HOA board positions, Hinman says. “Only a few people are willing to serve, so
they usually get re-elected.” Board meeting minutes “tend to be skeleton
documents, only recording actual votes, not notes on discussions.”
“HOA boards are supposed to be transparent and should
provide budgets, minutes, bylaws, and other official documents to homebuyers,”
he says. “It’s pretty rare for an HOA not to do that.” HOA boards are also required by law to have a
complaint procedure.
provide budgets, minutes, bylaws, and other official documents to homebuyers,”
he says. “It’s pretty rare for an HOA not to do that.” HOA boards are also required by law to have a
complaint procedure.
He advises homeowners who have conflicts with an HOA to try
to meet their neighbors, discuss the issues, form an informal committee, go to
board meetings, and express their concerns. If people are unsure whether an HOA is acting appropriately,
they should review the code of ethics published by the Community Associations Institute.
to meet their neighbors, discuss the issues, form an informal committee, go to
board meetings, and express their concerns. If people are unsure whether an HOA is acting appropriately,
they should review the code of ethics published by the Community Associations Institute.
13 responses to “Homeowner charges HOA is failing to address safety issues”
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SO glad to know that an HOA can be just as incompetent and indifferent about code enforcement as the county is!
This HOA needs to be returned to sender.
Shirley needs to move.
Run for your HOA if you want improvements. Pick up the trash as you can, I do in my neighborhood. The picture of the "make shift kitchen" was obviously taken from an area that is personal property and if permission was not granted the photographer was trespassing. Good luck with this neighbor.
I wouldn't hesitate to take pictures of a potential fire hazard, even if I had to walk a few steps into someone's driveway.
I wouldn't want Shirley as my real estate agent. Clearly she couldn't even make sure a property satisfied her own needs before buying one, how can she be expected to make sure others are getting what they want out of a home or community. The sad part here is it appears she is the only one who wants anything to change. I have driven by on 236 at night before and I see a good bit of light (much more than many neighborhoods). It appears many residents must keep lights on outside or a lot of light is coming from within the homes. I notice this article shows a photo of trash blowing around – clearly on trash pickup day – not the fault of anyone but rather mother nature. I also understand the parking issue, however it is a common one which is hard to deal with in a smaller community. I wish all the residents luck and hope Shirley can find a home within a community soon that meets her needs and wants.
I must have missed the part of her being a realtor.
what I find offensive are comments suggesting that Shirley is the problem. When did civic pride become politically incorrect?
signed "POP-Proud of Parklawn"
Caring about your community = meddling, apparently.
How did Parklawn get dragged into this and where is this message signed "POP?"
> Meanwhile, Thomas says the HOA is overpaying for maintenance services
This is the crux of the issue IMO, and as far as I can tell, it's a big issue in many places : HOA "management" companies soaking up payments of hundreds of dollars per month per household and providing next to nothing in return for the amount of money they're getting. It's a racket.
Water's Edge near Lake Barcroft (not a shabby neighborhood) recently got its mgmt co's President fired for not having a license (!!!) after that fact came out during a building code dispute there.
Most HOA mgmt companies are truly scum, supporting multiple ~$75k+/yr salaries on the checks everyone is BOUND BY LAW to write them … and in exchange for what, exactly? Usually just garbage pickup and some new parking-lot petunias a few times a year …
Once these companies worm their way into a development, they become very difficult to dislodge, and remain there for decades as people heave another sigh and cut another $300 check for the month rather than to organize any kind of effort to throw the useless bastards out.
This is the exact reason I sold my condo and bought a single family detached house. Shirley, you could probably find a single family home for the same price as, or lower than these town homes. That's not to say that you wont have problems with neighbors, but at least you don't have to deal with an HOA, or pay HOA fees.
Update: America Greed!!! Even Ray Charles can see this.
Community Association Management
SFMC, formally, Service First Management & Consulting Inc, as managing agent for Ashton Commons Association is responsible for the collection of assessments; detailed, accurate financial reporting; budget preparation; investment assistance and advising the Board of Directors in financial management of the Association activities.
Unethical Practice!!! SFMC is charging our neighborhood 320% more than other companies in the area who would offer the same services – and more – would charge us.
We are a community of 28 townhomes with no amenities, and we pay $125 a month in HOA fees for each home, which is a total of $42,000 a year. For 2015, this company is projecting that we will be paying approximately $8,000 for financial management services, which does not include i.e., coping & printing, and coupons etcetera. Other companies that I researched, charge about $2,500 for the same services. Money is being mismanaged and we are being RIPPED OFF.
Shirley