The Fair Lakes Crossing Home (FLC) Owners Association (HOA) Board of Directors (BoD) convened via teleconferencee beginning at 7:30 PM on 22 October 2020 to take up matters requiring attention.
Attendance: 3 of the 5 members of the FLC HOA Board were present: Ajay Ganji (President), Clarence Hunter, and Pete Mattes. The HOA’s legal advisor, Ms. Molly Peacock also participated.
One item composed the agenda: (1) VDOT I-66 project easement agreement between the HOA and VDOT.
Board Action:
- The FLC HOA Board of Directors met to discuss the continuing negotiations between VDOT and the HOA BoD regarding an easement VDOT requires in support of the continuing I-66 development project. This has been a topic of several previous HOA BoD meetings as noted in those meeting minutes.
- Mr. Ganji opened the meeting and turned over discussion to Ms. Peacock who gave her legal assessment of the status of the deal being proposed by VDOT on the requested easement. The VDOT deal has changed over the course of the summer. VDOT requests an indefinite construction easement where VDOT retains use of the strip of land in the easement and the HOA would not be allowed to affect that land. Specifically, she has two concerns with VDOT’s proposal:
- Liability for the HOA in the event of an accident of any type on that land in the future when the HOA has no ability to impact the situation
- Potential that the HOA easement ceded to VDOT might interfere with other easements and the HOA bear some responsibility.
- Ms. Peacock does not feel that the $15,000 settlement is worth the risks that accompany it. Her most compelling concern is that there is only a verbal statement that the HOA will not be subjected to liability, but nothing in writing. She has proposed that the BoD decline the offer from VDOT and cause VDOT to pursue an Eminent Domain action against the HOA in which case VDOT would ultimately receive title to the land after compensating the FLC HOA. Mr. Mattes asked how much she estimated legal fees to pursue this approach would be and her estimate was $5,000. The BoD does not know what the settlement would amount to in an Eminent Domain proceeding, but the original VDOT offer was approximately $7,500.
- Ms. Peacock recommends that, if the BoD were to get VDOT to indemnify the statement freeing the HOA from liability concerns on the easement as part of the written agreement, that the BoD would then have an option to accept the $15,000 settlement offer without liability concerns.
- The BoD considered this idea and voted unanimously to support requesting that VDOT indemnify the release of the HOA from liability on the easement as part of the settlement proposal. Mr. Ganji and Ms. Peacock will contact the VDOT representative through Capital Management Corporation Friday 23 October to make the proposal. Mr. Ganji will report back to the BoD on the outcomes via email no later than 30 October 2020.
- Mr. Mattes noted that while these negotiations continue, the soundwall on I-66 bordering the FLC neighborhood remains down, subjecting all in it to the noise of I-66 traffic and was concerned that these proceedings could extend the timeline to get a new soundwall in place. Ms. Peacock and Mr. Ganji will ask the I-66 representative is the settlement process is interfering with replacing the soundwall.
- No further business was conducted.