Living in LoCo



HOAs Chime In on Hospital Plans

Erica Garman at 4:51 p.m., October 8, 2008 (8 comments)

Homeowners associations are now starting to pick sides in the county’s hospital wars.

On Sept. 9, the Broadlands Homeowners Association Board of Directors voted to support officially HCA’s special exception application to build the Broadlands Regional Medical Center adjacent to the neighborhood.

Two Broadlands residents, however, were displeased with this show of support, and now, they are suing their own HOA.

Broadlands resident Bruce Biggs and his wife, Christine, who have been vocal opponents of BRMC, filed a lawsuit Tuesday against the Broadlands HOA in Loudoun County Circuit Court, claiming that the association’s recent vote of hospital support is invalid.

“The board didn’t have a voting majority,” said the Biggs’ attorney Lawrence J. McClafferty, also a Broadlands resident.

When the vote came up in September, five of the developer-appointed Van Metre board members abstained, stating a conflict of interest because Van Metre had sold the property in question to HCA. All four resident members (not appointed by Van Metre) at the meeting voted in favor of the resolution.

The Biggs’ suit claims that Staci Kapinos, one of the board’s resident members, was ineligible to vote, because she had sold her Broadlands home in June. Kapinos and her husband currently have a contract on a resale Broadlands house and are temporarily living in an apartment in the neighborhood until settlement, according to a discussion I had with Kapinos by phone today.

“My neighbor signed over her voting privileges to me before we sold our home, so I am acting as an agent of that owner,” Kapinos said. “This allows me to remain on the board.”

Kapinos’ eligibility aside, the Biggs are more upset, their lawyer said, that the HOA board “brought their personal preferences into the boardroom.”

“They were not speaking on behalf of all - or even most - of Broadlands residents,” McClafferty added. “They were speaking for themselves.”

On a related note, Inova Health System representatives Chris West and David Goldberg have been making presentations at Loudoun homeowner’s association meetings over the last few weeks, urging neighborhoods to support the county’s Health Care Facilities Plan. This plan, enacted in March 2005, advised that the Rt. 50 corridor should be given consideration for the next full-service hospital.

“No one opposes a second hospital in Loudoun,” Goldberg said today. “But it must be at the right location and accessible to the broader community — those in the southern and western parts of the county.”

Brambleton’s Board of Directors is leaning toward officially supporting the county’s comprehensive plan, said Rick Stone, the neighborhood’s general manager, but no action has been taken yet. That’s all Stone would say. I did put in a request with him to talk with the HOA president for more details, but I have yet to hear back from her.

Jeff Morse, South Riding’s HOA president, said his board will send its second letter in support of the Health Care Facilities Plan to the Board of Supervisors tomorrow. The community wants the county’s second hospital to be located closer to the Dulles South area, rather than in Broadlands, the site of the HCA proposed hospital.

Do you think HOAs should make official statements on these matters? Or do such statements reflect personal opinions that are best left to individual residents? Chime in below.

RELATED BLOGS:
Sept. 30, 2008 - Hospital Propaganda: Sick of It Yet?
Sept. 22, 2008 - Hospital Public Hearing Postponed

Comments:

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What a waste of time and money. When you sue your own HOA you're suing yourself. Don't be surprised when your dues go up. Good luck!

Posted by mazman128 (anonymous) on October 8, 2008 at 5:09 p.m. (Suggest removal)

Who CARES if the HOA voted to support BRMC? They have no say over what happens to that property. Get a life, people.

Posted by qazwsxedcrfv (anonymous) on October 8, 2008 at 6:19 p.m. (Suggest removal)

Check out the broadlands hoa forum, http://www.broadlandshoa.org/hoaforum/ hospital thread. Many board members post, vacliff (president), msflynn(kapinos). There is a history of shutting down unpopular opinions (of other homeowners) as Kapinos husband (flynnibus) is the admin of forum.

Posted by bschweiker (anonymous) on October 9, 2008 at 9:22 a.m. (Suggest removal)

Of course the Board of Supervisors makes the ultimate decision. But you're naive if you think the Board, or certain of its members, don't care what 1,000 citizens who live next to the proposed 1,000,000 sq. foot hospital complex think. That's precisely why the HOA board of directors endorsed the BRMC -- to make it look to the decisionmakers like the people who live here want it.

The comment about "suing yourself" is absurd. Legal expenses from this small suit, which should be resolved quickly by having the HOA admit it can't do simple math, would be a droplet in the ocean compared to the HOA's massive budget. Nobody's assessments are going up because some homeowners caught certain board members playing fast and loose. Maybe if somebody had spent 1/2 hour with a lawyer before the illegitimate "endorsement" , this would not have happened.

Posted by arklj1969 (anonymous) on October 9, 2008 at 10:01 a.m. (Suggest removal)

I believe that HOA’s should not issue these statements as they typically are not addressed in a community’s governing documents. Unlike the Board of Supervisors and the State Legislature, HOA Board members are not fully vetted candidates and are elected to perform specific tasks. The relationship between an HOA and its members is defined by statute, and the documents that a homeowner signs when purchasing a house in a community governed by an HOA are a contract. The HOA should inform the community of pending and current development activity but leave the political activism to the individual homeowners. Board members can engage in such activism as long as they don’t wear their HOA hat. Rather than issuing political statements, the board should focus on the impact to the community if the plans are realized and how best to mitigate negative impacts.

Posted by jleete (anonymous) on October 9, 2008 at 11:03 a.m. (Suggest removal)

bschweiker - I am a Broadlands resident and frequent poster the the Broadlands forums. Unpopular opinions DO NOT get shut down. It is only those posts/threads that are truly mean-spirited and attack other posters that get removed. And FWIW, the only time I know other wise, is when Donna Fortier (Inova employee) was a board memeber and had someone briefly banned for his comments.

Posted by t8erman (anonymous) on October 9, 2008 at 2:08 p.m. (Suggest removal)

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