Lost in Court: HOA Wastes Time & Money, Again & Again

May 12, 2021
Dear Quail Valley Neighbors,
After 3 hours of testimony and deliberation, the Maryland District Court for Montgomery County ruled that our neighbor owes ZERO DOLLARS to the Quail Valley HOA. You heard that right -- After hauling this Asian American family into court three times to demand $21,000 (and then ever-lesser amounts as it's case became weaker and weaker, as the months rolled by), the QV HOA, with "guidance" from The Management Group Associates, Inc. (TMGA, Inc.) and an attorney, lost its case.
Our neighbor could not afford an attorney; he went it alone. He won his case by showing to the court his own records of payment to the HOA. The judge found that the resident paid MORE THAN THE AMOUNT HE OWED in monthly HOA assessments over the 21-month period under investigation. The mounds of additional fines and fees invented by the HOA will have to be bourn by ... the residents of Quail Valley. We pay for this mess.

We, the residents of Quail Valley, need to ask some urgent questions clearly and loudly. Here are a few. Please feel free to add more (or to add other commentary) after this article.

* Several residents have described difficulties they've had simply trying to get the HOA to correctly receive their monthly assessment. To receive payment. Why is that a hard thing for our property manager to manage?

* If the QV HOA and/or TMGA does not have a record of this neighbor's 21 monthly payments to present to the Maryland Court, then where is that money? Where did the money go?

* Why does the HOA continue to pursue such community-spirit-destroying liens and law suits? These multiple losses in a court of law are a serious matter, and very costly to the HOA. It damages the reputation of our neighborhood.

* Why did the HOA compel us to race to the hardware store to avoid fines at the very hour the CDC was advising all people to avoid public spaces due to an epidemic? And then shut down the property management office, squelching conversation as we try to resolve issues both trivial and serious?

* What is motivating the HOA to perpetuate, and apparently accelerate, this abuse of its own residents, even now?

It's not over. The QV HOA and TMGA seem hell-bent on making things worse in every way. We'll soon be receiving reports of the spring property inspections. Here is a little preview for us all:
This same resident doesn't feel free to celebrate his victory in court today. No time to take a breath. He received warning letters on April 19, 2021, stating that his deck "has been painted using an opaque paint through which the wood grain cannot be seen." Furthermore, there is "no approval on file" for the "deck/landing next to the front door," says the HOA. He's guilty until proven innocent--according to the corrupt state laws that uphold this sort of HOA abuse. Is that constitutional? No it is not. This junk has already been dismissed by a Maryland Court of Law, in this very case. In addition, readers of these "Living on Cuckoo Court" chapters know that "opaque stains" are indeed allowed on decks per the updated QV Architectural Guidelines. And the "deck/landing next to the front door" was present when the house was purchased years ago. It's probably an original feature of the house, as can be seen on similar townhouses 4 miles east of Quail Valley (photo above). The property manager fired off these letters just weeks before today's court hearing. These notices of "violations" look like HOA/management harassment of this family. They appear to be meant to intimidate.

Serous problems (such as car break-ins and leaning trees near houses), and creative opportunities (e.g., updating the community center exits so we can use the building), await the attention of our local government--the Quail Valley HOA. But nobody has energy for that work, the true and honest work of an HOA. Instead, we residents are fighting to survive under the oppressive rule of our HOA, and the predatory industry of debt attorneys, for-profit property managers, house-flippers, and insurance companies that it enables. Is everything exposed by this courtroom fiasco a legal activity? What is being withheld from our sight? Must we go to a court of law every week of the year? Who profits from all this mess? Who can help us answer these questions?

Feel free to leave a comment after this article. We need to discuss this.

This essay is Chapter VIII in the series at PATCH.com, "Living on Cuckoo Court," which contains the anonymous testimonies (true stories) and opinions of residents. The Quail Valley Friendly Team of 50+ families is trying to end these HOA abuses. Join them by sending a message to the email below. –Steven Sellers Lapham, a 20-year resident, lives at 18737 Purple Martin Lane, Gaithersburg, MD 20879, USA. 5/12/2021. MuskratMusic@gmail.com