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StevenN2 (Virginia)
Posts: 2
Posted:
I live in Virginia. Our subdivision is under declarant control. The subdivision is divided into 2 phases. Phase 1 is about 60% complete and consists of 35 homes. Phase 2 is not built yet and will have about 29 homes. Two years ago, a new subdivision was requested with 170 homes. About 3 times the size of our subdivision. There was resistance to this new subdivision mostly from folks upset with the traffic congestion. Long story short: the declarant of our subdivision negotiated a deal with the owners of the new subdivision. a cul-de-sac in our subdivision is now to be converted into a road into the new subdivision; the other ingress/egress points have been eliminated and under the approved zoning permit, 100% of construction traffic must now use this road through our subdivision. Additionally, the traffic impact analysis has 1300 (650 in and 650 out)vehicles using this street every day. Our subdivision has homes priced at $750,000 to $900,000. The Board of supervisors forced two of the entries for the new subdivision to be eliminated and a third entry will not be improved (not paved).
FYI- both subdivisions are using the same development company. While we brought the matter up to the Board of Supervisors over 4 months ago, they haven't bothered to respond.
This is a rural area and we were told it is a good ol boys network and they literally hate all new development. All the developers are local to the area. Does a declarant have the power to make changes that adversely impact the subdivision? Is there anything that can be done? they can't do anything in the new subdivision until this road is pushed through.

SheliaH (Indiana)
Posts: 6,964
Posted:
You'll probably have to pressure both the developer and the zoning board to rethink the position. Usually, the developer runs things until the homeowners take over,, which can take a while, depending on how big the community is supposed to be. In this case, I'm sure the developers are more interested in the money they can make by jamming more houses in a postage sized piece of land. Remember - in America, money is the ruler of us all and to hell with everything else.

Providing specifics on the problems being caused can also help. Are there a lot of near misses from speeders and pedestrians, people on bike's (especially young children)? Has parking become an issue (developers never use the land to have enough, but people keep establishing four and five car households, all with SUVs). Is noise all hours of the day a problem? Get the neighbors and start gathering information- time and date stamped photos and be very telling.

Is the zoning board elected? If, not, who appoints them and are those people elected? Some (many?) politicians will only listen to the people who raise the most hell - these days it's one of tge few things that can balance out the people with the cash for campaign contributions (yet another reason for all the voter suppression that's cropped up.)

You have lots to do and you'll need help doing it, so start talking to your neighbors and use every method available to you to get the message across. Also see what itveoukd take to get another traffic study f9ne,done, if you have to pass the hat and bring in your own experts. If that becomes necessary, that person or persons may find a way to lessen the impact, maybe eith installation of stop signs ir even those bloody roundabouts I can't stand! Good luck.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By StevenN2 on 11/28/2023 4:12 PM
Does a declarant have the power to make changes that adversely impact the subdivision?
What is the adverse impact?

Nationwide already-built subdivisions routinely object to this and that aspect of proposed subdivisions. Unless the objectors can identify (1) a violation of municipal or county ordinances, or (2) a major change in the master plan for the subdivision such that a bait-and-switch effectively is taking place, then I do not have much hope for your cause.

If you do want to fight this, you should get a group together and hire a land use attorney. Look up the minutes for city council meetings and see which attorneys have been used in the past to argue before the city council for xyz pertaining to a development.

Do understand that the sole raison d'etre for city land use departments and pretty much city councils is to help developers build and build more. It's what causes economies to grow. And who does not want to be a part of this pyramid scheme of making more money?
LetA (Nevada)
Posts: 2,679
Posted:
Is the developer, declarant the same as yours? I get the feeling that this is part of a master and sub association.
Go over your governing documents carefully and pay attention to the plats pages and any and all planned development
in and around your community.
TerriS6 (California)
Posts: 3,284
Posted:
Your Declaration should reference granting use of common area to third parties requiring a vote of the membership - if I read your situation correctly.
Also, if there was an environmental impact study/report, this would change the cumulative impacts from the developments.
StevenN2 (Virginia)
Posts: 2
Posted:
Wanted to post some more details on what is happening....
1- Our declarant wrote the HOA agreement so that he retains control over the HOA until 100% of the homes are built; each home has a certificate of occupancy; and each home is sold. He has complete control and can do what ever he wants to do. My question: can he literally make a decision that destroys the neighborhood? The homes in this neighborhood are priced at $700,000 to $900,000 which is roughly 2 -3 times more than the average price in our county.
2- Without our declarant's consent, there is no way into or out of this new subdivision as the board of supervisors removed two of the access (entry) points and a third is to remain unimproved (it isn't paved all the way to the new subdivision).
3- I had to locate the final approval for the new subdivision; find the Traffic impact analysis (TIA) mentioned; request a copy of this document; read the document to discover that 70% of all resident traffic which is projected at 650 cars (70% of 925) going into and 650 (70% of 925) cars coming out of this subdivision every day... on the street in our subdivision.
4- I had to pull the approved zoning permits for the new subdivision and all pro offers to discover that 100% of ALL CONSTRUCTION TRAFFIC MUST USE THE ROAD THROUGH OUR SUBDIVISION. That is 100%!!!!

Virginia requires an HOA be created if there is "Common" area in the subdivision. Virginia law allows the declarant to exercise complete control over the subdivision until the HOA is turned over to the residents. But there has to be some recourse for the residents? We are at the point of consulting an attorney but we really thought the board of supervisors would do something about this. We live here and don't want to be filing lawsuits to save our neighborhood.

TerriS6 (California)
Posts: 3,284
Posted:
I don't envy your situation. It doesn't seem possible that all your neighbors could have overlooked the possibility of this scenario which makes me think the declarant/developer is violating something. Lawyer for sure to analyze it.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By StevenN2 on 11/29/2023 7:41 AM
We are at the point of consulting an attorney but we really thought the board of supervisors would do something about this.
The board of supervisors has strict, detailed, complicated rules (driven by state law and municipal ordinances) that the board must follow when it comes to approving xyz use of land. This includes a strict timeline for hearing public comment. Until you are up to speed on these rules and what the timeline is, you have neither standing nor ammunition. Instead, all city hall, the board and your elected representatives will hear is whining. Rightly so.

Find and consult a land use attorney. He or she will explain where you have a chance and where you do not. This includes whether the changes to how long the declarant stays in control are lawful. Legislatures nationwide have cracked down on the latter. It's possible Virginia statutes and/or case law have a lot to say about what the declarant did here to extend the declarant's period of control.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Steve

Even if we all agree with you, what good does that do you? Time to have a consult with an attorney.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By JohnC46 on 11/29/2023 8:02 AM
Time to have a consult with an attorney.

Agree.
JoeN6 (Virginia)
Posts: 94
Posted:
What county is this ?

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