An independent source of news and commentary concerning Lake Holiday POA in Cross Junction, VA
Oct 2006 – Issue 10/15
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Time of the Signs (10/15/2006)

There has been much controversy over real estate signs. Signs have long been banned by the declarations for the 16 sections which make up Lake Holiday. Following the demise of the "docs" in June, Miller & Smith voted unanimously to modify the declarations in its wholly owned sections to allow model homes and signage . Most prominent is section 7, which surrounds the community center and the existing model homes. Included (but not fully verified) are sections 9, 10, 11 & 12. The legitimacy of the action remains questionable since a full community vote was required for the prior proposed declaration. As it stands, signs remain banned by the declarations for sections 1x,2,3,4x,5x,6x & 8a where the rest of us live.

In an interesting move at the Oct 4 meeting, the board approved Resolution 2006-5, Supremacy of SCC, VA Nonstock Corporation Act, and the POA Act regarding Membership Contracts and Declarations. The purpose of the resolution appears to be to alleviate Aqua from some of the antiquated stipulations of prior agreements and documents. It does acknowledge a clause in our declarations which limits the powers of the association to powers "not prohibited by law". As this is part of the basis of the resolution, it would suggest the supremacy of county and state law as well. In short, where there is a conflict, the higher authority prevails.

It may interest some that Frederick County Code chapter 165.30 (Signs) para. B(8) expressly allows "Temporary Real Estate Signs" in all zoning districts. The chapter goes on to stipulate size and placement limitations, but clearly suggests that "For Sale" signs tastefully sized, placed and spaced are permissible. If, in fact, County law is superior to Lake Holiday declarations, then... home sale signs are permitted!!!

Until one brave soul tests the theory, it remains to be seen how the Compliance Committee reacts. The rationale appears arguable in court, and may be an unintended consequence of the 2006-5 resolution. It does however provide for fair competition by allowing those roving "model homes visitors" to view the alternatives. Frankly, if I were selling a $300,000+ house, I wouldn't worry about a $50 compliance fine anyway. -wla

Clubhouse Approved (10/04/2006)

At a special Oct. 4 meeting, the Board of Directors voted to approve the lower of three bids for the clubhouse renovation. Lantz Construction was the winner with a bid of $984k, with an additional funds committed to site work, allowances and contingencies for a total of $1.25M. Approval is conditional on finalization of the utility sale to Aqua, and on a meeting with Lantz to negotiate the contract. A group of Directors with engineering backgrounds will monitor the project.

As part of the utility sale, the $450k clubhouse account will be replenished. Money has been borrowed from this account for repair work. A $300k donation is pledged from Miller & Smith. The remainder will be borrowed from a bank. The project is expected to commence immediately following finalization of the utility sale in the Nov-Dec time frame.

Editor's Notes (10/01/2006)

It's election time again. A time of anxiety as politics reaches the peak for the year in a last ditch attempt to win control in local, state and federal governments. Rhetoric and obscure scraps of information, such as excerpts of the NIE are exploited to extreme proportions in order to sway audiences, suggesting that Newton's third law also applies to politics. For each action, there is an equal and opposite reaction. The system would remain in equilibrium, and be less stressful if both sides asserted less pressure (and possibly worked together) suggesting a certain futility in it all. The chaos is no doubt useful to our enemies.

There are parallels in our own little community. The Summit Advisor and many residents have been critical of Board policies, and particularly spending over the past year. Rhetoric has been exchanged and obscure scraps of information have been illuminated. Our BB has reinforced public concerns and the board has begun to be more responsive. Past and present Directors have operated with apprehension under the scrutiny of a lawsuit. Resignations in the board, committees and office have complicated matters and the association has operated shorthanded for many months. Ongoing local issues add to the anxiety of the season. Fortunately, It will all subside following the elections as the nation and the community refocus on Thanksgiving and the holiday season.

There are seven candidates for the five director seats on the POA Board. It is unclear as to whether the Murray brothers intend to introduce their own write-in candidates at the annual meeting. Ogunquit claims to have over 400 proxies and could easily control the election. Our hopes are that if they do, that their candidates be responsible and dedicated to the issues facing the community at large, and not be focused on a private agenda.

The Board will no doubt be different next year. President Chris Allison has stated that while he will remain on the board, he will not serve as president next year. A likely replacement would be VP Wayne Poyer, but far be it for the Summit Advisor to make such predictions. The character of the board has historically been personified by its president, and the election can have a profound effect on the community for the coming year.

We look forward to the annual meeting this year. We understand that much of the financials and rationale thereof will be presented in an end-of-year report. It should answer many of the concerns posted on our BB. We would have preferred ongoing rationale of exceptional expenditures, but are thankful for the increase in general reporting in the Community Newsletter and Lake Holiday website over the past year.

A Letter to Bill Masters (10/7/2006)

Today's tip: When slicing a banana, use the open peel as a backing to avoid cutting your fingers.

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Links: Lake Holiday POA...Ogunquit Development ...Lake Holiday LLC

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