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Homeowner Files Suit Against KingsmillBy Desiree Parker Friday, March 26, 2010 A frustrated Kingsmill resident filed suit in Williamsburg-James City County Circuit Court Thursday against Busch Properties in an effort to get control of the home owner’s association turned over to residents.“Litigation, like major surgery, is the recourse of last resort when all attempts at reasonable and amicable resolution have been exhausted,” resident Don Tortorice said in a statement released Friday. Since its creation in the 1970s, the Kingsmill Community Services Association (Kingsmill’s home owners association) has had nine board members, five of which are chosen by the developer, Busch Properties, and four of which are voted on by residents. Tortorice argues that this is a violation of state law. In February, Tortorice, a law lecturer at William and Mary, sent a letter to Robin Carson, president of the KCSA and executive vice president at Busch Properties. In it, he argued that board control should no longer belong to the developer but rather it should be completely in the hands of home owners. Read the previous story here. He also sent the letter to the KCSA board and Kingsmill residents, and ignored a cease-and-desist letter from the KCSA, which prompted the KCSA board to write a response in the neighborhood’s March newsletter, the Bulletin. They said his claim was “slanderous.” The developer intended to retain control “throughout the development period” and this control is completely legal, according to the KCSA response. The board also wrote Tortorice’s “serious and untrue” allegations in his original letter “substantially misrepresent the law in Virginia.” The response continues: “Given the slanderous nature of his claims of illegal operations of the KCSA, the KCSA board wants to assure residents that Mr. Tortorice’s claims of improper board seat retention by the developer have been thoroughly reviewed and rejected by KCSA’s legal counsel and the attorney at the state’s CIC Board has confirmed KCSA’s legal counsel’s analysis of the controlling law. “When the time comes that the developer announces its intent to give up its right to appoint 5 persons to KCSA’s board, KCSA will be ready and well positioned to keep moving this unique community forward,” the response concludes. The KCSA board asked Tortorice to communicate with the KCSA attorney, because he had threatened litigation. “I indicated in my February 21 letter that I hold no sense of malice or negative personal feeling toward any member of the KCSA board or Busch Properties,” Tortorice said in his statement. “On March 12, the response from [Busch Properties Vice President] Michael Taylor stated that Busch Properties intended to continue its unilateral control of KCSA indefinitely… “We are confronted with the unlimited prospect of having our association dominated by the wholly-owned subsidiary of a foreign beer company,” he continues. “How anyone can believe that the unlimited, unilateral, and complete control by InBev’s wholly-owned subsidiary is in the best interests of the Kingsmill community goes beyond the pale of rational understanding.” Though another Kingsmill resident had been helping Tortorice share his concerns with homeowners, Tortorice is the lone plaintiff listed in the case against Busch Properties. He will represent himself. |
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Comments
After living in a self-managed HOA for 30 years, i can honestly say that it sucks. Very, very few individuals have the time to learn all the governing documents, and then try to get everyone to abide by them, all the while managing the green areas, members payments of dues, fiduciary necessities such as reserve funds, and, on top of it, listening to endless complaints by needy residents who will take up everyone's time yammering because their neighbor gets on their nerves. Good luck! This is where the board members time will go, instead of with their kids/grandkids or enjoying a day at the beach or golf course.
Inexperienced Board members proposed by the developer when he/she must withdraw, usually agtree wuth whatever the developer has in mind for the community, continuing his/her dominance even when that is not in the best interest of residents.
It is clearly power plays that continue reliance upon the developer's choices. HOAs benefit no one but the developer, who wants his/her legacy to be run as he/she dictates.
Having been a member of developments that are run by HOAs 4 times, I know them to be an abomination perpetuated by insinuated fear of costs that might be beyond an individual homeowner's ability to pay, should there be extensive damage to the structure.
Insurance and management companies play along, making original owners continue along a course of dependence and bureaucracy. The fact that they have been given the authority to foreclose on the investment in their home, of members unable to meet constantly increasing fees/taxed amounts, is not appropriate, and should be abolished!
Of course, I am an outsider so maybe I am missing something...whi ch I am sure someone will enlighten me.
I have seen many iterations of KCSA control since I moved to Kingsmill in 1992 but none so heavyhanded as we now have under the current Board and with its hired legal counsel.
If the Resort and Spa is sold and the Kingsmill community (private properties and common areas) are left to be maintained by the residents, are we prepared to do this? Not yet!
New Committees under a true Homeowner's Association populated with hard working, dedicated members, who are willing to work for a Property Manager hired (or fired) by the members, will work.
Peace and harmony in my beloved Kingsmill can be restored and resident's will continue to partake of the many amenities that we all moved here to enjoy.
about the future.
No one disputes that the KCSA has done a good job (under a paternalistic Auggie Busch). Point is we are now governed by a foreign beer company that has no interest in us and only wants to shed Kingsmill.