Comments about the 2021 QV HOA Annual Meeting

April 10, 2021 *** By Steven Sellers Lapham, QV Resident. MuskratMusic@gmail.com

The Quail Valley HOA must "promote the health, safety, and welfare of its residents."--QV HOA Covenant

This article is by no means a summary or “minutes” of the Annual Meeting. Rather, I hope to highlight eight problems that came up in discussion--or were overlooked. These are problems we are all facing. Residents want to participate in creating fair and effective solutions. I hope the residents, the HOA (which is our local government), and HOA contractors can reflect on the meeting of 5/10/2021 and move forward cooperatively and creatively on each area of concern. The topics below are listed in order of urgency and importance.

There will be official minutes, and probably a newsletter summary—all to come from the HOA (not me). I hope this commentary here supplements those publications. If there is a factual error anywhere below, please let me know right away. I intend for this brief report to be free of sarcasm. Let’s focus on facts and the truth—and working on solutions that are compassionate.

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1) PUBLIC SAFETY AND SECURITY: An important update for the community—there is no longer a “private company” phone number to call if you hear a loud party at 2 am. Here is the contact info you need to know:

* Life threatening emergency: Dial 911

* Current safety problem (e.g., loud party at 2 am; abandoned car; fireworks), call the MCPD police non-emergency number: 301-279-8000

* Public safety issue, ongoing, non-urgent (e.g., breach of pool fence): TMGA Property Manager Ruchita Patel, rpatel@TMGAinc.com

Could this information be clearly and prominently shown at the QV HOA website soon? I hope so, perhaps via a new banner tab at the top. That website can be found at tinyurl.com/QuailValleyHOA.

As I interview residents, many list "security" as their number one concern. We no longer have “security guards” who did not really have much training anyway. The situation is better today: QV HOA pays off-duty police officers drive through our neighborhood during the night, making extra rounds beyond what MCPD provides. Colin O’Brien reports that the officers keep a log, recording where they go and when, as they drive through the courts of QV. He said that various problems around Kingfisher Terr. are being monitored and addressed. In my opinion, Mr. O’Brien gives very clear explanations about police work and offers helpful advice. When I have seen MCPD officers interacting with QV residents, white and of color, old or young, they are respectful and act with restraint. That is not true of some other Police Districts, but I’m grateful for the professionalism shown by officers in our district, over 20 years.

2) TREES THAT COULD CRUSH A HOUSE. At this meeting, I described the problem of HOA-owned pine trees, with split trunks, that could fall on the house at 18530 Bobwhite Circle. It will be expensive to take these down, but they need to come down. They could split in the wind at any time, and they threaten this house. Board members and property management did not respond to my statement. This non-response is typical. Serious and urgent problems are ignored when a government is dysfunctional. Yes, it is good that we discuss re-painting parking spaces, but this avoidance of accountability and responsibility by our HOA board is regrettable, and has dangerous consequences. Safety and public health are the priority. These should be the priority for agendas, for budgets, and for HOA board action. Experts should be consulted. Second and third opinions solicited. Residents listened to.

3) QV HOA ATTACKS QV FAMILIES' FINANCIAL WELL-BEING. Nobody at all mentioned Quail Valley HOA v. Hoan Nguyen, which is slated to be heard in court on May 12, 2021, at 9 am (see Zoom details at the end of this article). The board's avoidance of vital topics is typical. The lawsuit is an example of QV residents paying thousands of dollars for debt collectors to attack … one of our own. With regard to the Nguyen family, I do not see any “problems” at all as I look at this home and yard this afternoon, at 9126 Bobwhite Circle. It's the first home you see on the right as you enter Quail Valley off Emory Grove Road. [Update: The Court ruled in favor of the resident, as reported here.] If there ever were a problem, then there is no sense of proportionality in the HOA’s attack on this Asian American family. Our property management seems especially inept when there are language barriers of any sort. They have, in this case, created an administrative and legal mess.
I trust that the board members are, by now, aware of the many residents’ testimonials that published at PATCH.com. Many families have been placed in financial distress by the actions of the QV HOA in a time of epidemic, and in years before that. This was not mentioned. This is an urgent problem, an accelerating crisis, and it must stop. We don't need a discussion. We need "cease and desist." The HOA's actions are in violation of our HOA covenant.
{This is odd. I don't find the founding documents posted at the QV HOA webpages today 5/11/2021. Lots of interesting items under "Rules and Regulations" at
https://www.tmgainc.com/resour....
Residents have said that they really have to hunt to find this stuff. I agree. The opening quote above, I'd like to link to the source, but I don't think that is possible today. Or perhaps I'm not seeing something that's online somewhere (??) ... The general inaccessibility of information is another symptom of governmental dysfunction.}

4) IGNORING PLASTIC POLLUTION IN WATERWAYS. The current HOA procedure, for getting piles of plastic litter out of the two catches in the QV culvert, is to wait for Steven Sellers Lapham to call and complain about the mess, several times a year, and then create an “as needed” work order, and then 3 or 4 weeks later the trash might get cleaned up. This is unfair and ineffective. Rain sometimes comes along before the work gets done. Our contract with the landscaper should include this task: inspect the catches each week and pick up any litter caught there. If that costs a little more, we should pay it. That's called stewardship of the land and water.
That is an urgent problem with a quick solution. We can also do more to educate (and sometimes gently confront) our neighbors about responsible treatment of the land they live on, and how to consume less plastic in the first place. That is a long-term struggle.

5) COUNTY LAW: YOU MUST USE A TRASH CAN. No bags of food trash are allowed on the ground at all. Montgomery County does not, and cannot enforce this law consistently, but it is important that we all follow it to prevent rodent infestation. It is wise guidance. There was an interesting discussion about ways to place trash and recycling bins discretely in front of houses during the wintery and muddy seasons. That way, residents would not have to lug them up steep, muddy hills on the day of trash/recycle pickup. Bins that are housed in front of the house might be "hidden behind bushes," put "behind a screen," or placed behind a car in a parking space—and thus be mostly out of view. Interesting discussion.
QV HOA must stop enabling, and indeed compelling, hazardous behavior (placing bags of food waste on the ground) with various old and arbitrarily enforced policies. Trash management is a “solved problem” in many other nearby neighborhoods--but each neighborhood has specific challenges. Perhaps the QV HOA could publicize and then hold a community Zoom meeting to gather in professional knowledge, as well as residents’ experiences and needs in this matter. Maybe a staff member of the County’s waste management & recycling education team could offer advice at such a meeting (See pp. 29-44 in this MoCo Handbook) I hope we are at a turning point in addressing this problem, and can develop a QV HOA policy that would actually work for the residents, for our collectors, for the environment, and for public health.

6) GOOD NEWS: CHANGING HOA “POLICIES” CAN--SOMETIMES--BE EASY AND QUICK. It was stated at the meeting that it is very, very difficult to change the HOA bylaws. That is true, and needs to be addressed by reforming state laws. We have here a symptom of dysfunctional democracy; it’s hard to evolve. There are many roadblocks to growth, making it hard for the citizens to see their needs reflected in government responses. However, the board can quickly and easily update rules in the Architectural Guidelines. We could, for example, allow for many more styles of front door. Some cultural diversity. People like sturdy, attractive, front doors that reflect their culture. Lights around the backyard deck at night. Why not?

7) GOOD NEWS: A NEW BOARD MEMBER. HOA board seat elections are delayed due to COVID-19 and county government advisories. There are two members up for re-election. However, there has been a vacant (7th) seat for some time, which can be filled by a candidate presenting him or herself directly to the board and appealing to join. That happened last night. The applicant is a teacher who also runs a business and recommends himself as a communicator and bridge-builder. This is a welcoming development, and I look forward to the new member introducing himself to all of his neighbors (there are 592 homes in QV) in various ways, in these days of social media AND increased outdoor activity per new CDC relaxed regulations.

8) THE MARLINS WILL SWIM IN 2021. All signs point to swim meets being allowed, and this is welcoming news, after a year of COVID-19 regulations that were needed to stem the epidemic. Too bad that kids who live in homes with any HOA debt can't join the team or enter the pool. Even if their family rents the house and the absentee landlord is not fixing the fence. Even if the family has a payment plant to catch up on "HOA debt." Which families are being shut out this year? How can we find out?

********************** DETAILS BELOW re COURT HEARING *****************

[NOTE & UPDATE: The District Court of Maryland ruled AGAINST the HOA on 5/1/22021. Court costs and attorney's fees etc. now fall on the shoulders of ... the residents of Quail Valley.]

Readers: Please verify all of this information with what's provided by the court, online.
I am simply trying to pass along info that can be hard to find. --SL

Quail Valley HOA. v. Hoan Nguyen

PLACE OF THE HEARING: The hearing will not be in the courtroom, but will be held by Zoom, as I understand it.

HERE IS THE ZOOM LINK THAT A CLERK OF THE COURT PROVIDED
FOR ACCESSING THE COURT HEARING:
https://mdcourts.gov/eservices/zoomaudio/rockvilledc/612

Please click on that link now, just to see how it looks in a "sleepy state." You may see a message that says, "Stream currently unavailable", but that is because the event has not started yet. Then clink on the link a half hour before the hearing time (9am, May 12).

DATE OF HEARING: May 12, 2019

TIME OF HEARING: 9:00 am EDT

WHO CAN ATTEND: This event is open to the public, so some of your neighbors will be there, although we may not be allowed to speak. I'm trying to find out whether we can speak. Anybody can attend by Zoom to watch and listen. The HOA wants Mr. Nguyen to pay $7,000, down from $21 K; details here.

ATTORNEY?
https://mdcourts.gov/helpcenter
It would be very good for any resident to find an attorney to represent them, if the HOA calls them to court. The county might be able to help you find pro bono help.

EXTRA DETAILS: Even though the hearing will NOT be in the courtroom, but on Zoom, it is good to know these details, because the website information at
https://www.courts.state.md.us/district/directories/montgomeryROCKVILLE

is organized by courtroom and case number.
Courtroom (for assignment only): 612
Judge (present assignment): Judge James A. McAuliffe, Jr.

Claim Type: Contract
Case #: 060-100-003-132-020

That number is often listed without the dashes, but when speaking over the phone, pause at the dashes.

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