Curious where exactly this is? I am drawing a blank - maybe off 621 somewhere? HOA docs don't usually address lots they don't have control over, so this had to be some big builder planned development with marketing docs in the HOA package or elsewhere representing one thing before it came to fruition.

Don,

QUESTION: why should it take CONNECTIONS to seek JUSTICE???

Is the political system that corrupted?

Claire:

Legitimate question about why hiring a lawyer connected to the town. I apologize for not expanding further on that.

As you well know, town (and city and county) politics tend to be very "inside" and "clubby." It's very much "who you know." Connections are very important. Fair enough?

In cases like this, you want the best lawyer possible in the situation. That means someone who, first, knows the zoning rules and regulations of the locale intimately. Second, you want someone with as much political "muscle" and influence as possible. Someone who can just pick up the phone, call a mayor or city councilman, and say to the person at the other end, "Hi, this is Frank. Put me through to Joe." Rather, "Hi, my name is Frank Smith. I'm a lawyer representing some concerned citizens over a zoning matter..."

I saw this in action on a somewhat different matter. Our family had a problem with a special education issue. We'd been approved (justifiably), but the school was stonewalling us. The law, and "justice," was on our side, but the school principal just refused to comply. We'd tried all the proper channels, but she was able to block each one (calling the school guidance counselor, calling a lower level county office, and so on). My wife and I researched lawyers, and found a very good one who had connections. While we were sitting in his office, he called up the lead lawyer representing the county on special education matters, and had a quick conversation along the lines of, "John. I've got the X family in my office. They've got an IEP for their son, but there seems to be some difficulty implementing it. Can you look into it for me?" That solved the problem. It really did. He knew who to call. He had the credibility and respect of the person at the other end of the line. And that was it.

Now, it's certainly possible that a lawyer who used to work for the town might decline to represent you. And that could be a problem. But if you can find someone with the right connections to represent you, you'll be in a much, much better position.

Now, for others reading this post, please understand that I'm not commenting on either the legal issues involved (I'm not a lawyer, and I don't know all the factors), nor am I commenting on whether it's desirable or undesirable to have a Mormon church nearby. I have my own views which I'll be glad to share off-line. The only point here--and it applies to zoning, to special education, and to most other areas--is that when you're considering a law suit, you want a lawyer who's not only skilled and knowledgeable, but also someone with political and business connections.

YES, the HOA was involved --met with the mormon church.

HOA send "Registered letters, return receipt requested" for petty, minor issues, but the HOA did not send "registered" letters to inform about the mormon church --that alone is a lot of food for thought.

The parcel of land is NOT a part of HOA now. However, the builder promised tennis courts and playgrounds for children - on that very lot. The Town of Leesburg knew that.

Why hire a lawyer with connection to the Town? Seriously. The Town is the PROBLEM.

The Town DID put a notice in the paper. But WHO reads ALL notices EVERY week -especially if people do NOT know about the issue involved. The Town communicated with the adjacent properties --92 HO. This is a minimum required by the law.

Some of those 92 were members of the mormon church, some were fundamentalist christians, others since then SOLD their homes and moved out. The rest of the 900+ HO were kept out of the discussion - unless they've learned by the word of mouth.

The HOA provided a copy of a newsletter dated November 2002, but the residents do NOT recall receiving this newsletter. Just because the HOA has the copy of the newsletter, it does not mean the newsletter was delivered to ALL the home owners. Also, a single newsletter, mailed in a pre-Christmas season is not sufficient to communicate such important issue.

There was no sign on the property - the lot appeared to be vacant.

The Loudoun Times Mirror will not even publish an article about the issue, because they do not have the backbone to take on the Town.

zoning is messy, however in the case of " Churches" its very clear, It can only be used by a "church" this means any "church" that passes the tax rules, also as don stated, I did not want to get into all of this but I will keep it simple, Does not matter who buys or sells, Hoa is owned by the builder until a certain number of homeowners own and live in the homes after that, they get to form their own HOA< after that its up to that specific HOA to determine and fight any Rezoning or ANY issues! if you were part of the HOA ? then its your HOAs fault .if Not ? Why Not ? its seems you are very passionate abt this , so all I was trying to convey again is ,,,, some things you can change, some you cant, Not My Fault ,,, Sorry

Since Myke cannot spell his name, we should not hold it against him that he cannot spell offense.
Claire, you really are going to judge all of Weichert because one agent wrote something that you dislike? It sounds like a scenario of throwing out the baby with the bath water. If you want to get anywhere with your claim, hire someone to represent you. You are too emotional about this and are your own worst enemy.

It sounds like you're just mad because it's a mormon church.

no offence, but get a life.

Zoning issues can always get messy. A few quick thoughts:

If the documents were indeed fraudulent (I'm not a lawyer, so this isn't legal advice), sue the HOA. Officers and Directors liability insurance doesn't protect against fraud.

You seem to be suggesting that the HOA knew in 2002 (or shortly thereafter) that the property had been rezoned, but deliberately (fraudulently) did not provide this information to buyers and would-be buyers. Is that correct?

Are you sure that the parcel of land is part of the HOA? Considering that the HOA probably is designed to cover/represent/serve residential properties and the parcel of land isn't residential, it might not be.

I don't know about zoning regulations in Leesburg, but even when it was rezoned in 2002, the intent may not have been (or it might have been) to put a church--or a Mormon Temple--there. Zoning often is somewhat broader than that.

You say that the HOA "did not communicate the rezoning and the sale." Was it the HOA's responsibility to communicate the sale? The builder, according to your timeline, got the rezoning. There are supposed to be public notice standards for notification of rezonings. That involves public notice by the zoning commission. I'm guessing you're saying that wasn't done. If that's the case, the town was at fault, too. But double-check to see if there was public notice.

Then, once the builder got the land rezoned, according to your timeline, he sold it to the Mormon Church. Unless there's a provision in the HOA documents regarding notice of sales of property (which would be unusual), there might not have been any obligation for the HOA to notify its members that one member (again, we're assuming the builder who owned the commercial lot was a member) sold his property to someone else.

Again, I'm not a lawyer. Hire one. Explore whether there was public notice prior to the rezoning. And whether there was any obligation for the HOA to notify its members of the rezoning of a parcel, or the sale of the parcel. And finally, whether the HOA acted fraudulently in its issuance of documents.

One suggestion: Hire a lawyer with connections to the town of Leesburg. You want someone with some "pull" and influence.

Hope that helps.

Keep your facts straight: IT WAS THE HOA THAT WAS THERE SINCE 1988, long BEFORE the mormon church. The town of Leesburg REZONED the lot in 2002 after the residents opposed the commercial zoning and THEN the town SOLD it to the mormon church. You are still missing the point: NO Home BUYER should be manipulated into buying a house where they do NOT want to.

Claire., I am sorry you feel that way!, the only reason I answered the way I did is because the exact same thing happened to me! Only I DID MY Research, talked to the HOA who denied everything, but because I am a great Agent I did my home work and found out that the church had the right to build since 1980 before the Hoa was even there,, al that said I immediately put my house on the market and sold it ! Moved on , and never looked back , Please do not shoot the messenger! Next time go to the records dept and do your homework!

Just based on your answer, I will never use Weichert realtors.

Buyers have the right to know where their NEW HOME is. Basic principle.
HOA's are obligated by LAW to provide correct documents. If the documents are NOT correct, what good are they for.
The HOA docs are the state LAW in VIRGINIA, but if there is no agency that actually enforces that law, what good does it do?

YES, for your information, I would not purchase a house in such a close proximity to the Mormon church. NOT on my dream list. THIS IS MY RIGHT.

Who are you, as an agent, to decide where my home should be?

The last time I checked, real estate agents are obligated to find a home for their clients that the BUYER likes, and not what the agent decides...

Would never use you as my realtor.

when ever You buy a home, no matter how much research you do, you cant blame in on the HOA, thats why HOA's are made up of all of your peers, That said , churchs always own property, and its zoned for church use only, are you upset because of which Faith? Remember the church was here first.Just not built.
Should have done your home work.

For me it comes down to the most FUNDAMENTAL right of every Home Buyer to purchase their Home that is BEST for them and where they know their Family will be happy. After all, it is NOT just a house, it is a HOME. This is a CONSTITUTIONAL right -- The Constitution must guarantee that minimum, otherwise what good is it for. It becomes a worthless piece of paper, an abstract. Anyone voting for Roomney?

Hi Claire,

The lack of responses is an indicator to the complexity and legalities of your story. Typically, the verbiage of most bylaws states the board has the right to make amendments to the original articles. I’ve also seen some boards micromanaged in such a fashion that the bylaws are all but hand written on a piece of note paper. I would contact a real estate attorney in your area to see if there is a case.

Best of luck!

Frank Biganski, Realtor ABR