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Legal Action Against HOA/Developer - Non Comparable Homes

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LintonCrestROAR

Junior Member
What is the name of your state (only U.S. law)? Virginia

New to forum - sorry if this is long, but want to give enough background to get helpful answers

I'm in a new subdivision (about 3 years old) in Northern Virginia that originally had two builders. Both were constructing very well-appointed homes, 2100-4200 square feet with comparable exterior elevations (93% of the existing homes are between 2800 & 3500 sq. ft.) . Our builder completed it's lots, the other filed Chapter 11 protection and sold the majority of it's lots to a third builder (while still retaining some).

This third builder is selling 1700 - square foot homes that are in no way comparable to what exists in the neighborhood. Not only are they smaller, their exterior elevations don't fit with the neighborhood they have no upgrades, unfinished basements and the insides of the garages aren't even drywalled. They're terrible!

Residents are VERY concerned about what impact this will have on our property values. We've already all taken six-figure losses on our homes due to the real estate crunch. The market has to recover at some point, but we'll be pulled down by these inferior homes sitting next door to us. The neighborhood looks awful and we're not happy at all with what this builder is doing to OUR community.

We have formed a group and have been trying to get the HOA to help. Problem is that until the subdivision is 75%+ sold, the developer is the HOA. We asked for meetings months before these homes started going in and our HOA attorney's reply has always been "the developer is discussing having a meeting with residents." We've gotten the runaround for months and now the houses are going up faster than ever. It seems like the more we request assistance from the HOA, the more they slash prices and throw together these houses.

We want to get some kind of order to stop construction immediately to get this developer inline with what we as homeowners originally bought into the subdivision. The county Permits & Development office told us to get a lawyer. The bankrupt builder is telling us that their contract with the third builder stipulated "comparable homes." How can they put an 1800 sq. ft. home next to a 4100 sq. ft. one and call it comparable?

We're starting to demonstrate at the entrance to the subdivision and are having signs printed to put in our yards. Maybe we can make a few potential buyers reconsider & slow down some of the sales.

What is the fastest way to stop construction while we resolve this with the developer?

Is there any way to go after this builder for the loss of value in our homes?

We're all angry and frustrated watching the neighborhood we bought into turn into someplace that we don't want to live any more.

Thanks for reading through all this :) Any help would be very much appreciated!

Linton Crest ROAR (Residents Organized Against (builder's name;))
 


HomeGuru

Senior Member
What is the name of your state (only U.S. law)? Virginia

New to forum - sorry if this is long, but want to give enough background to get helpful answers

I'm in a new subdivision (about 3 years old) in Northern Virginia that originally had two builders. Both were constructing very well-appointed homes, 2100-4200 square feet with comparable exterior elevations (93% of the existing homes are between 2800 & 3500 sq. ft.) . Our builder completed it's lots, the other filed Chapter 11 protection and sold the majority of it's lots to a third builder (while still retaining some).

This third builder is selling 1700 - square foot homes that are in no way comparable to what exists in the neighborhood. Not only are they smaller, their exterior elevations don't fit with the neighborhood they have no upgrades, unfinished basements and the insides of the garages aren't even drywalled. They're terrible!

Residents are VERY concerned about what impact this will have on our property values. We've already all taken six-figure losses on our homes due to the real estate crunch. The market has to recover at some point, but we'll be pulled down by these inferior homes sitting next door to us. The neighborhood looks awful and we're not happy at all with what this builder is doing to OUR community.

We have formed a group and have been trying to get the HOA to help. Problem is that until the subdivision is 75%+ sold, the developer is the HOA. We asked for meetings months before these homes started going in and our HOA attorney's reply has always been "the developer is discussing having a meeting with residents." We've gotten the runaround for months and now the houses are going up faster than ever. It seems like the more we request assistance from the HOA, the more they slash prices and throw together these houses.

We want to get some kind of order to stop construction immediately to get this developer inline with what we as homeowners originally bought into the subdivision. The county Permits & Development office told us to get a lawyer. The bankrupt builder is telling us that their contract with the third builder stipulated "comparable homes." How can they put an 1800 sq. ft. home next to a 4100 sq. ft. one and call it comparable?

We're starting to demonstrate at the entrance to the subdivision and are having signs printed to put in our yards. Maybe we can make a few potential buyers reconsider & slow down some of the sales.

What is the fastest way to stop construction while we resolve this with the developer?

Is there any way to go after this builder for the loss of value in our homes?

We're all angry and frustrated watching the neighborhood we bought into turn into someplace that we don't want to live any more.

Thanks for reading through all this :) Any help would be very much appreciated!

Linton Crest ROAR (Residents Organized Against (builder's name;))
**A: contact Construction Defect Help - HADD - Homeowners Against Deficient Dwellings
 

LintonCrestROAR

Junior Member
Thanks Guru, but couldn't find much there that looked like it applied. Could you be more specific as to what they offer or some other info?
 

LintonCrestROAR

Junior Member
Is that Nancy S___s? (don't want to put full name here)? Their site says not to contact a rep until I file a complaint, yet the "check bubbles" on their complaint form don't seem to apply to our situation.

What do you think HADD can help us with. We're awaiting return calls from attorneys' offices - don't even know if they'll take the case or what we can do to encourage them to take it. The bulldozers are running as I type so time is in the essence for us:)
 

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