Dream Living Takes a Nasty Turn

Homeowners association violations, skyrocketing fees and lawsuit threats are plaguing Lee's Crossing residents.
Homeowners association violations, skyrocketing fees and lawsuit threats are plaguing Lee's Crossing residents. (By Erica Garman -- Loudounextra.com)
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By Erica Garman
Sunday, April 20, 2008; Page LZ03

Living in LoCo is Erica Garman's blog devoted to all things interesting in Loudoun County. You can find it athttp://www.loudounextra.com. This column of highlights from the blog appears in this space every Sunday.

Lee's Crossing is a bucolic equestrian community of 55 lots where million-dollar houses sit on 10-acre-minimum tracts. These are dream homes.

Residents are happy enough with their neighbors (fences make for good ones, after all). But some are not happy with the developer, Jack Merritt, who also happens to be the homeowner association board president.

Homeowners in Lee's Crossing tell tales of capricious notices of violations sent by the HOA's architectural review board. They're also upset that the annual HOA fees have doubled to $2,100 to help cover $30,000 in possible legal fees the HOA may need to defend itself against lawsuits filed by its own residents.

George Garsson, a resident since 1999, said he's frustrated by the HOA and its review board.

"Everything is subjective to Jack's own personal opinion," Garsson said. "He's cost everyone extra money, time and delays."

One home is rumored to have 41 violations against it, with fines accruing each day they are not fixed.

Also upsetting to residents was what some called a political stunt by Merritt to retain control of the HOA board.

In late March, before board elections, Merritt annexed 13 additional lots into the community. Each lot owned by the developer is worth three votes, whereas homeowners are allotted only one vote. With that action, Merritt gained a majority of votes on the HOA board. He canceled the elections and reappointed himself, his wife, Valerie, and three resident members.

Merritt told me that the three resident members have full voting privileges and could vote against any board decision that he or his wife makes.

At the annual HOA meeting Thursday night at the Lucketts Community Center, the mood was heavy. Merritt had requested the presence of two Loudoun sheriff's deputies to maintain order if things got out of hand.


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