Dream Living Takes a Nasty Turn

By Erica Garman
Sunday, April 20, 2008

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.

Lee's Crossing resident Dave Sherfey announced that he had 31 signatures from residents asking for Merritt's removal from the board. Merritt and the HOA's legal counsel, Bill Daly, reiterated that they must stand by the HOA covenant documents that community members signed when purchasing their homes.

Daly said: "Does it matter about the 31 signatures? The answer is no. My advice isn't based on what's moral or ethical -- it's based on the law, and that's how I have to advise my client."

Resident Graham Davies said: "Common sense must prevail here. I'm not American, but I know what America stands for. At the end of the day, it should be what the people want and expect." Residents applauded in agreement.

At least 10 other residents, of the approximately 30 in attendance, spoke of their frustration and dissatisfaction with the HOA.

At the meeting's conclusion, board members -- including Merritt -- pleaded with residents to become more proactive and involved in community matters. The board agreed that resident committees should be formed to address problems quickly and increase communication. When a board member suggested that a certain dissatisfied resident head up a committee, the resident declined. "I travel a lot," he said.

This is one problem I hear about all too often when speaking with HOA board members -- residents don't get involved. Board presidents repeatedly say that few, if any, community members attend board meetings. Most residents, they say, don't have a clue about decisions being made on a monthly basis that will impact them and the neighborhood.

Inova Fearful of BRMC

Inova, the only hospital provider in the county, hasn't given up its fight against the Broadlands Regional Medical Center proposed by rival HCA.

"HCA's motive for coming to Loudoun County is all about profit," Inova Loudoun Hospital chief executive Randall L. Kelley told me. "The motive for them isn't to deliver quality community health care but to make money for their investors."

On April 3, HCA resubmitted its proposal to the county to build BRMC, a 164-bed hospital on 58 acres near Belmont Ridge Road and the Dulles Greenway. HCA has a certificate of public need from the state health department.

Proponents of BRMC say a new hospital is needed in the growing county. Opponents say that HCA has chosen the wrong location and that a hospital is most needed in other parts of Loudoun. The proposed BRMC site is less than five miles from Inova Loudoun Hospital in Lansdowne.

Kelley said that he and other Inova officials fear that locating a competing hospital so close to an existing facility will have negative repercussions for Loudoun.

"Inova Loudoun is a nonprofit hospital," Kelley said. "The money we make goes to improvements and community services."

According to Kelley, the hospital has spent $200 million over the past three years on medical upgrades and new facilities. Last year, it spent $8.4 million on charity care and support, including $1.56 million to fund the Community Health Center at the Cornwall campus in Leesburg. The center treats poor and uninsured patients.

Kelley said he worries that if the hospital doesn't hit its bottom line -- which, he said, will happen if BRMC is built -- it won't be able to keep paying for much-needed services like the center and the county's free clinic. Grants, scholarships and Inova's future plans to expand to the western part of the county will also be jeopardized, he said.

Inova Health System is planning a $325 million capital investment at the Lansdowne hospital over the next five to 10 years to grow the campus into a leading-edge facility much like Inova Fairfax Hospital. Kelley said the company might not fund the improvements if BRMC is built.

Kelley said he's also skeptical about HCA's promise of $3.5 million in tax revenue for Loudoun. He said proponents of BRMC are falling for the lure of a new tax source without first doing their homework. He cited several instances where HCA has sued localities for tax relief.

"Most of that $3.5 million will probably go towards federal taxes -- I'm curious just how much of that will actually stay in Loudoun," he said.

Kelley said he isn't buying the argument that Inova is a monopoly that needs busting, either. "Fifty percent of Loudoun residents leave the county to go to Fair Oaks, Reston, Winchester, Prince William . . . I hardly call that a monopoly," he said.

Teen Transportation

The Loudoun Youth Initiative last week dedicated a bus that will be available to transport kids to organized activities around the county.

"This bus will help older kids and teens who don't yet have their driver's license or whose parents aren't available to drive them places," said Carol Kost, president of the agency.

The bus will be available to transport kids to teen centers, movie theaters, shopping malls and programs organized through the Boys and Girls Clubs of Loudoun, the YMCA and Loudoun County public schools.

The Virginia Regional Transportation Association and the Loudoun Board of Supervisors' Advisory Commission on Youth are helping the youth initiative meet the transportation needs of the county's youth. Together, these organizations developed the "Teen Machine" program after hearing kids complain at a youth symposium that they didn't have a way to get to activities.

According to Kost, Chad Henderson, a junior at Loudoun Valley High School, was instrumental in expanding the transportation program. "Chad surveyed his peers, worked with county officials and developed the PIP program [People In Places] to get kids safely to activities they ordinarily wouldn't be able to attend. He's an amazing kid," she said.

The decorated bus, which is owned and operated by the transportation association, was made possible through a donation by Broadlands Regional Medical Center, which has donated about $150,000 to the youth initiative over the past five years.

At the bus unveiling, which took place Monday at Claude Moore Park, Kost announced, "This bus is a visual, concrete way to say to the youth of Loudoun that we've listened to what you've said and we are doing all we can as a community to provide you with support after school, nights and on weekends."