Was the LOW board negligent?
Was the LOW board negligent?
Date published: 11/9/2009
Was the LOW board negligent?
If the Lake of the Woods dam-fighters are planning to fight the special assessment dues, maybe this will help.
In the recent dam resolution that the Lake of the Woods Association board signed, they mention that "the Virginia Property Owners Associations Act authorizes the board of directors to levy a special assessment if the proceeds are used primarily for areas of association responsibility, including capital expenditures."
But what they didn't mention was the article that follows it: "55-514.1. Reserves for capital components."
This article requires the board to conduct a study every five years that identifies capital components that will require repair.
Because the fight with the state started more than eight years ago, I would have assumed that the dam would have been added to this study and the board would have started to set aside reserve funds for this capital component (dam).
Was it the state's fault, or was the board negligent in its duties? You be the judge.
Chad Kernen
Orange
Date published: 11/9/2009
Most recent reader comments:
Wal-Mart is a non-issue
(posted by
wideopenspace
, Nov. 9, 2009 5:30 pm)  
It will be above any potential flooding zone. As for the small dam, it apparently already met the state regs as they would have taken a look at that while they were checking the larger one. Nothing was said about it, so it's in the clear unless the regs change again. Even then, the Wal-Mart is a non-issue whether it's built or not, already have other businesses there that are in the flood zone so drop the Wal-Mart bashing navy, your way off base.
Old Problem
(posted by
grumpy
, Nov. 9, 2009 2:06 pm)  
LOW has been trying to avoid this dam upgrade for at least five, maybe fifteen years. LOW has chosen to fight the reguolations, rather than comply, over the years. I do not see how Wal-Mart figures in any of this
Is the small dam ready....
(posted by
navyorchid
, Nov. 9, 2009 11:36 am)  
for all the new development slated to go in, i.e. Walmart? Or will LOW property owners be paying extra for those upgrades in another 8 years??
That new Golf Pro Shop and renovation of the Clubhouse look so purty. Glad they didn't decide to take that extra money and set it aside for the dam fix............
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