Formal Complaints Filed

If there is no penalty [for] disobedience, the resolutions or commands which pretend to be laws will, in fact, amount to nothing more than advice or recommendation.”    (Alexander Hamilton, Federalist #15)

Before starting this blog, I tried for nearly two years to resolve issues with the Association. When Property Management failed to resolve things, I tried the Board who was largely unresponsive. All along I provided information and resources (much as I have done on this blog) in attempts to engage the Association in doing the right things (primarily coming into compliance with laws, regulations and the governing documents) – not just for me, but the entire Heatherlea community – all to no avail.

The Heatherlea community has shown no interest in recalling the Board and having a legal election (see Recall the Board page) effectively enabling the Board to continue unchecked. If the Board does not cease and desist its illegal activities and mediation does not rectify matters, I will sue the Association. The Rogue Board’s illegal actions and an apathetic community could cost Heatherlea more than the Association can afford to pay.

Virginia Department of Professional and Occupational Regulation (DPOR), Office of the Common Interest Community Ombudsman complaint against Heatherlea Association CIC Ombudsman Complaint1.11.2013anon (1/11/2013). Results: The Board failed to adopt an internal complaint procedure as required by Virginia Code Section 55-530(E) and The Common Interest Community Ombudsman Regulations. The Ombudsman intervened and Policy was created and distributed.

Internal Complaint Against Heatherlea Association (5/21/2013) FireLossCompATT2  Results: The Board failed to respond in a reasonable or appropriate time to submitted complaint. The Board failed to properly respond as required by Virginia Code Section 55-530(E), The Common Interest Community Ombudsman Regulations and in violation of Policy Resolution 12 – 02. Pending: Appealed to the Virginia Department of Professional and Occupational Regulation (11/15/2013).

Virginia Department of Agriculture and Consumer Services, Office of Pesticide Services against Shenandoah Landscaping (May 2013). Results: VAPestCOMResultsANON  Shenandoah Landscaping found in violation of two counts of misuse of a pesticide (use of a pesticide in a manner inconsistent with its labeling: Herbicide entering storm drain, near water and not wearing the proper eye protection). Results have been forwarded to Arlington County, County Manager and the Environmental Protection Agency.

Beyond Pesticides incident report regarding Shenandoah Landscaping (June 2013). Results: The state report shows the presence of these chemicals at environmentally relevant levels (ie 4.8 ppm 2,4-D) roughly 2 weeks after they were applied. For reference purposes, if this were to get into a pool it would likely exceed the Maximum Swimming Water Concentrations for this chemical, as EPA states “The MSWCs for 2,4-D acid and amines forms range from 3.6 ppm to 9.8 ppm.” 4.8ppm seems quite high after 2 weeks, as EPA states, “thee short term MSWC of 3.6 ppm for short term exposures to acid or amine is also not of concern because some dissipation or dispersion is likely to occur which would cause the 7-day average of 2,4-D concentrations to be less than 3.6 ppm.” Ref: http://www.epa.gov/oppsrrd1/REDs/factsheets/24d_fs.htm The location of the pesticide detections…shows where this chemical is going – into the Chesapeake Bay…the fact that the dog was presenting signs of pesticide poisoning directly after the application and going outside is concerning

Virginia Department of Professional and Occupational Regulation (DPOR), Common Interest Community Board, Complaint against Klingbeil, Powell and Altruz, Property Management (8/30/2013) DPORCompGS

Internal Complaint against Heatherlea Board (8/31/2013) DPORCompBoard Results: The Board failed to respond in an appropriate time to submitted complaint. The Board failed to properly respond as required by Virginia Code Section 55-530(E), The Common Interest Community Ombudsman Regulations and in violation of Policy Resolution 12 – 02. Pending: Appealed to the Virginia Department of Professional and Occupational Regulation (12/6/2013).

Arlington County Department of Environmental Services, Office of Sustainability and Environmental Services, Complaint Against Shenandoah Landscaping (9/20/2013). Results: Shenandoah Landscaping Letter 102013

Virginia Department of Professional and Occupational Regulation (DPOR), Common Interest Community Board, Complaint against Shenandoah Landscape Services, Inc. (9/26/2013) Allegations include misuse of pesticides, failure to wear protective gear and noncompliance with contract. Assigned DPOR File # 2014-01080, Jeffrey W. Duckworth, Investigator, Regulatory Programs & Compliance.

Virginia Department of Professional and Occupational Regulation (DPOR), Common Interest Community Board, Complaint against Heatherlea of Arlington A Condominium (10/25/2013). Allegation: The Heatherlea of Arlington A Condominium failed to file an annual report in the form and at such time as prescribed by regulations of the Department of Professional and Occupational Regulation. As a result, the Association’s  license expired on August 31, 2013 and continues to be expired. Regulations: This is in violation of Title 55 – PROPERTY AND CONVEYANCES, Chapter 4.2-Condominium Act, § 55-79.93:1. Annual report by unit owners’ association. Results: The Board failed to file an annual report in the form and at such time as prescribed by regulations of the Department of Professional and Occupational Regulation (DPOR). In response to this complaint, the report was filed and the license was renewed. There has been no direct response from DPOR regarding this complaint so it is unknown if they took action.

Virginia Department of Professional and Occupational Regulation (DPOR), Common Interest Community Board, Complaint against Klingbeil, Powell and Altruz, Property Management (10/26/2013). Allegations include failure to file annual report. Results: Gina Spellman, Property Manager, KPA failed to file an annual report in the form and at such time as prescribed by regulations of the Department of Professional and Occupational Regulation (DPOR). In response to this complaint, the report was filed and the license was renewed. There has been no direct response from DPOR regarding this complaint so it is unknown if they took action.

Virginia Department of Professional and Occupational Regulation (DPOR), Common Interest Community Board, Complaint against Heatherlea of Arlington A Condominium (12/6/2013) 12.6DPORCompBoard2013ANON.

Internal Complaint Against Heatherlea Association (12/20/2013). Allegation: Heatherlea has failed to produce documents in response to legally executed requests. The Board has failed to produce:

  1. The variance(s) related to the structural changes to 4514 A 28th Road South (resulting in a “missing wall”);
  2. The structural repair cost estimate the attorney advised the Association to pay (related to 1 above);
  3. Copies of all legal expenses associated with 1 and 2 above; and
  4. Copies of all legal expenses giving rise, in part, to the impending Special Assessment (all documents related to legal expenditures in 2013).

Virginia State Bar Misconduct Inquiry about Todd Siskins, Rees, Broome, PC Law Firm, counsel to Heatherlea of Arlington, A Condominium Association (12/25/2013). VABarComSISKINSANON

Virginia State Bar Misconduct Inquiry about Kimberly O’Halloran-Perez, Rees, Broome, PC Law Firm, counsel to Heatherlea of Arlington, A Condominium Association (12/25/2013). Allegations:Ms. O’Halloran-Perez, as counsel for the Heatherlea Association is fully aware that the individuals she refers to as the “Board of Directors” was not elected by a quorum of homeowners (and have not been for at least the past three years). Therefore, they have no legal authority to conduct business in behalf of the Association. Nonetheless, in violation of various laws Ms. O’Halloran-Perez has colluded in the illegal election activities of these individuals, failed to ensure a legal election for the Association, and routinely colludes with these individuals in conducting business in behalf of the Association. See related Misconduct Inquiry about Todd Siskins above.

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