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My Written Response to Personal Criticisms

I have been publicly accused of being too aggressive and offensive in presenting myself since moving here to Woods Edge in late October 2016. I do not believe that asking questions of my HOA is aggressive or offensive.

As accusations have been made against me personally, I have a right to respond. I prefer that accusations are made against me in writing with sources, rather than as gossip. I am happy to provide the same.

As a BOD member myself for many years, I listened to the questions, complaints, and concerns of my fellow homeowners and I worked tirelessly to find reasonable answers. I believe that a HOA Board of Directors has an obligation to fairly represent all homeowners, not just some homeowners. Every concern should be considered, and if possible, addressed, while limiting the number of restrictive rules. Almost any problem should be able to be worked out with negotiation rather than enforcement with fines.

My Closing

I am hearing inaccurate portrayals of interactions that began at my closing in October 2016. On that day, I presented many concerns to Sue Sheeler, who was the Seller's Agent. She was unable to provide answers for the questions I asked, offering instead long stories with no written documentation. My agent and I sat with John Gentile listening to her; she reacted defensively to every concern I brought up, and she did not want me to interrupt her long stories. She has publicly stated that Mr. Gentile, whose house I purchased, later apologized for my behavior at our closing. This is patently false. I suggest anyone call Mr. Gentile to ask what actually happened.

Some of my questions and concerns involved the lack of documentation of my so-called "double lot" and the errors in my Resale Certificate. There was no written proof that my lot was a "double lot" in any documents I received at closing on my Wood's Edge house. My deed and title clearly defined a single taxable lot, no larger than many other lots in this neighborhood. Not even the invoicing from the WEHOA referenced "double lot."

I regularly prepared dues bills and Resale Certificates for my old HOA, so I am very familiar with the law regarding these. I specifically have experience with billing "double lots." HHHA had 208 properties. Four property owners owned "double lots." Owners received a separate bill for each lot. Each lot was taxed separately. If the owner wanted to sell the second lot, as one owner did, it could be purchased by someone else and another house could be built upon it.

What I saw in my closing documents for my house on Stone Creek Road was clear proof that before my house was built, two lots had been redefined as a single lot. A single lot was described in my title, my deed, my Subdivision Plan, and in tax records. My lot falls under the description of a single "Lot" in the WEHOA Declaration as well.

Why I Filed in Small Claims Court against WEHOA

By law, my Resale Certificate should have had the Double Lot Lawsuit specified on it, especially since my lot was involved.

According to PA Consolidated Statutes, Title 68 § 5407, the Resale Certificate must include..."A statement of any judgments against the association and the status of any pending suits to which the association is a party."

I pointed out at closing that my Resale Certificate did not mention the lawsuit as mandated by law. Because I had previously contacted the attorney representing homeowners in this lawsuit (in buying the property, I would become one of the Jane Does), I was aware that WEHOA was attempting to have the pending "double lot" lawsuit dismissed because of the "lateness of the claim." I had also heard Sue Sheeler state many times that "double lot owners KNEW they were getting a double lot at closing." For that SPECIFIC reason, I gave Ms. Sheeler a written document at closing stating that I didn't "know" I was buying a "double lot," and that I would file a claim to assert this. I went from my closing to the District Justice Office to file a small claim against the WEHOA for over-charging me dues and a non-refundable double fee. By filing this claim, I legally denied that I "knew" that I purchased a so-called "double lot." WEHOA had offered me no legal proof that what I purchased was anything other than a single lot.

Had WEHOA attorney Angela Ward allowed the District Justice to look at any of my documentation and render a decision on my small claim, then the whole Double Lot Lawsuit would have been resolved, one way or another. Instead, Ms. Ward asked the District Justice to dismiss my complaint because the Double Lot Lawsuit was underway in another court. Thus my claim was dismissed without prejudice, meaning the justice wasn't making any sort of a decision either way.

Now the Double Lot Lawsuit enters a phase of depositions and costly litigation. I have personally spent many hours researching WEHOA documents online. I have accumulated much public documentation, which is posted here. I have approached Board Members to look at this comprehensive information and settle this lawsuit without going to court. They are adamant that a judge must decide, no matter what the cost of that litigation. It seems to me that if, as they state, having a judge decide these are actually single lots will "simplify matters" for the WEHOA, I am not sure why they did not approach a judge long ago on their own to have this issue decided fairly.

I have repeatedly asked the WEHOA to provide me with something in writing to show that legally I have a "double lot." The WEHOA has never been able to provide this documentation.

Ms. Ward called me on the phone in October with many verbal rationalizations for the double billing. Again, nothing in writing was provided, other than to say that I had everything I needed at closing.

I was told by Board Members on February 19th that there are "minutes of a meeting" that prove these lots were required to pay "double dues." I said, "Send me these minutes!" They said they cannot.

Gestapo

I have been accused of hurting Ms. Sheeler's feelings by calling her a "Gestapo" at my closing. What I said after closing was that she needed to know I almost did not buy the house because every homeowner I spoke to expressed dissatisfaction with the HOA, and that was a grave concern to me. Homeowners I had questioned told me that the HOA ran like the "Gestapo." (This was not my word; it was how it was described to me.) Homeowners shared stories of restrictive and unnecessary rules, nitpicking on decorations and mulch, and persons being falsely accused of not picking up dog poo. I was told that the board was resistant to adding additional members despite the clear description in the Bylaws of how to add additional members.

When I relayed that "Gestapo" was used to describe the HOA, Ms. Sheeler accused me of calling her a Nazi and likening her to Hitler. These are not words I used. These are words she used.

The WEHOA can congratulate itself in newsletters and public meetings and say that "everyone" is satisfied and "loves" how this organization is run, but that is not the truth, and it doesn't take too long to figure it out.

If, as a Board Member for the HHHA, a new homeowner expressed those kinds of concerns to me, I would have looked carefully at my organization to see what concerns need to be addressed.

Conflict of Interest

This points out an additional thing. I was not able to address my concerns about the HOA with Sue, the Seller's Agent, without offending Sue, the President of the HOA. Likewise, I could not point out my concerns about the HOA to Sue as a Board Member without risking her potentially jeopardizing my purchase of the house in her role as the Seller's Agent.

These two roles are in conflict, and I would hope that Buyers and Sellers in this neighborhood might recognize this.

In pointing this out, I am not trying "hurt" anyone's feelings. I am pointing out the situation from my viewpoint as a home buyer.