Please join the PWSCC

Alexandria, VA

#41 Mar 5, 2013
Correction: as of 2012, there were 187 PWSCC members (per the PWSCC website).
PWSCC Member

Berthoud, CO

#42 Mar 5, 2013
WOW, PWSCC membership is a real bargain at $40/year! I would wager a bet that each PWWSCC household avoids more than $40 in water rate increases due to the PWSCC's campaign to fight the water hike.

Good job PWSCC Board of Directors!
Anonymous

Alexandria, VA

#43 Mar 5, 2013
Does anyone understand or know FH's true motivation for filing suit against PWSCC? I don't fully believe the reasons stated in the complaint. Usually, the complaints cited in a lawsuit are often a means to the end game. In this case, I can only assume his agenda is to dissolve the PWSCC via liquidation of assets and collect $200K. I also think he might be betting odds against the PWSCC's financial and intellectual capability of defending itself. Does anyone know if there are any living relatives / heirs of the Barracks family that could testify to the intent of their ancestors when they deeded the land (marina, clubhouse, beach) to PWSCC to preserve its use for the community in perpetuity?

Since: Nov 12

Location hidden

#44 Mar 5, 2013
Has the association hired a lawyer yet and has that lawyer filed response pleadings? All I see on the PWSCC website is Howe's complaint, exhibits, and motion for default judgment because there was no timely response. I see local attorney Mike Mayo's name listed as registered agent, but nothing indicating he is representing you in this matter.
PWSCC resident

King George, VA

#45 Mar 5, 2013
Clean Up Your Town wrote:
Has the association hired a lawyer yet and has that lawyer filed response pleadings? All I see on the PWSCC website is Howe's complaint, exhibits, and motion for default judgment because there was no timely response. I see local attorney Mike Mayo's name listed as registered agent, but nothing indicating he is representing you in this matter.
As I hear it, PWSCC has legal representation. Mayo is no longer agent. New agent has been assigned.
Steve

Springfield, VA

#46 Mar 6, 2013
Clean Up Your Town wrote:
Has the association hired a lawyer yet and has that lawyer filed response pleadings? All I see on the PWSCC website is Howe's complaint, exhibits, and motion for default judgment because there was no timely response. I see local attorney Mike Mayo's name listed as registered agent, but nothing indicating he is representing you in this matter.
Association, you need to hire a lawyer and have them respond to the complaint ASAP. Otherwise you might lose through default judgment.

Look at law of adverse possession as a defense. Even if deeds from 1962 might be flawed, you've used the land openly and continuously since then. Look up the statute.
Dieter Hans

Springfield, VA

#47 Mar 6, 2013
Check out this link: http://realestate.msn.com/article.aspx...

I think it helps people understand.

“C. Green”

Since: Sep 12

Colonial Beach

#48 Mar 6, 2013
A. Subject to the provisions of subsection A of 55-509.10, a person selling a lot shall disclose in the contract that (i) the lot is located within a development that is subject to the Virginia Property Owners' Association Act ( 55-508 et seq.); (ii) the Act requires the seller to obtain from the property owners' association an association disclosure packet and provide it to the purchaser; (iii) the purchaser may cancel the contract within three days after receiving the association disclosure packet or being notified that the association disclosure packet will not be available; (iv) if the purchaser has received the association disclosure packet, the purchaser has a right to request an update of such disclosure packet in accordance with subsection H of 55-509.6 or subsection C of 55-509.7, as appropriate; and (v) the right to receive the association disclosure packet and the right to cancel the contract are waived conclusively if not exercised before settlement.

If the purchaser did not read the HOA documents, it is their loss. It is going to be very hard to prevail, when the argument is-I changed my mind. End of the day (v) rules.
Maybe

Fredericksburg, VA

#49 Mar 6, 2013
Bad Penny wrote:
A. Subject to the provisions of subsection A of 55-509.10, a person selling a lot shall disclose in the contract that (i) the lot is located within a development that is subject to the Virginia Property Owners' Association Act ( 55-508 et seq.); (ii) the Act requires the seller to obtain from the property owners' association an association disclosure packet and provide it to the purchaser; (iii) the purchaser may cancel the contract within three days after receiving the association disclosure packet or being notified that the association disclosure packet will not be available; (iv) if the purchaser has received the association disclosure packet, the purchaser has a right to request an update of such disclosure packet in accordance with subsection H of 55-509.6 or subsection C of 55-509.7, as appropriate; and (v) the right to receive the association disclosure packet and the right to cancel the contract are waived conclusively if not exercised before settlement.
If the purchaser did not read the HOA documents, it is their loss. It is going to be very hard to prevail, when the argument is-I changed my mind. End of the day (v) rules.
The HOA's in Westmoreland Shores, Potomac Shores, and Placid Bay Estates, are all voluntary and therefore if you don't want to join you don't have to in order to live there. As far as I know they have no documents per se

“C. Green”

Since: Sep 12

Colonial Beach

#50 Mar 6, 2013
Interesting. Do I have this right? PWSCC is a private corporation that offers membership to the public for access to the facilities it owns.

“Three Women”

Since: Dec 09

Colonial Beach and Wash DC

#51 Mar 6, 2013
Bad Penny wrote:
Interesting. Do I have this right? PWSCC is a private corporation that offers membership to the public for access to the facilities it owns.
Not to the "public", You have to be a homeowner in the specified sub-divisions :)
PWSCC Member

Alexandria, VA

#52 Mar 7, 2013
What is the Virginia statute of limitations on adverse possession?

Short answer: 15 years.

In practical application: One can acquire title to another's real property by (i) exclusively possessing the land,(ii) openly and notoriously,(iii) adverse/hostile to the owner (that is, without permission), and doing so (iv) continuously for the 15 year statutory period.

The 15 year period is derived from the statute of limitations on the landowner's right to bring suit to eject a trespasser. Thus, to call it a statute of limitations on adverse possession is a bit of a misnomer; rather, it is the amount of time required to obtain title via adverse possession as a consequence of the original owner's failure to bring suit.

In Virginia, this limitations period is codified at Va. Code 8.01-236:
"No person shall make an entry on, or bring an action to recover, any land unless within fifteen years next after the time at which the right to make such entry or bring such action shall have first accrued to such person or to some other person through whom he claims; provided that an action for unlawful entry or detainer under 8.01-124 shall be brought within three years after such entry or detainer."
Available at http://vacode.org/8.01-236/ (unofficial, but easy to navigate); and http://leg1.state.va.us/cgi-bin/legp504.exe... (official, but ugly and clumsy).
[Note that the proviso referencing 8.01-124 has extremely limited application, usually in the context of landlord-tenant disputes.]

Based on the above definition,(1) the PWSCC has owned the subject property for a period in excess of the 15 year statute without any adverse possession claim; and (2) the PWSCC has a period of 3 years to bring suit against FHIII for trespassing on its property. According to Westmoreland County property records, FHIII purchased his property on Shore Drive effective April 1, 2010. The 3 year clock expires on April 1, 2013.
wtcsret

Goose Creek, SC

#53 Mar 7, 2013
PWSCC Member wrote:
What is the Virginia statute of limitations on adverse possession?
Short answer: 15 years.
In practical application: One can acquire title to another's real property by (i) exclusively possessing the land,(ii) openly and notoriously,(iii) adverse/hostile to the owner (that is, without permission), and doing so (iv) continuously for the 15 year statutory period.
The 15 year period is derived from the statute of limitations on the landowner's right to bring suit to eject a trespasser. Thus, to call it a statute of limitations on adverse possession is a bit of a misnomer; rather, it is the amount of time required to obtain title via adverse possession as a consequence of the original owner's failure to bring suit.
In Virginia, this limitations period is codified at Va. Code 8.01-236:
"No person shall make an entry on, or bring an action to recover, any land unless within fifteen years next after the time at which the right to make such entry or bring such action shall have first accrued to such person or to some other person through whom he claims; provided that an action for unlawful entry or detainer under 8.01-124 shall be brought within three years after such entry or detainer."
Available at http://vacode.org/8.01-236/ (unofficial, but easy to navigate); and http://leg1.state.va.us/cgi-bin/legp504.exe... (official, but ugly and clumsy).
[Note that the proviso referencing 8.01-124 has extremely limited application, usually in the context of landlord-tenant disputes.]
Based on the above definition,(1) the PWSCC has owned the subject property for a period in excess of the 15 year statute without any adverse possession claim; and (2) the PWSCC has a period of 3 years to bring suit against FHIII for trespassing on its property. According to Westmoreland County property records, FHIII purchased his property on Shore Drive effective April 1, 2010. The 3 year clock expires on April 1, 2013.
Good job, I was lost at practical application, which I should be as a layman :) I remember a certian president parsing "is", That was fun too:)
I think I'll drop an Allen Combs reference since he really could have used it 2 nights ago but blubbered instead. Few are aware of it :)
No hijack here just no spin obtuse information location :)

http://www.whitehouse.gov/sites/default/files...
PWSCC Member

Alexandria, VA

#54 Mar 7, 2013
wtcsret wrote:
<quoted text>
Good job, I was lost at practical application, which I should be as a layman :) I remember a certian president parsing "is", That was fun too:)
I think I'll drop an Allen Combs reference since he really could have used it 2 nights ago but blubbered instead. Few are aware of it :)
No hijack here just no spin obtuse information location :)
http://www.whitehouse.gov/sites/default/files...
I saw O'Reilly roughing up Combs the other night and felt a little sorry for the guy (but happen to agree with OReilly's position). However, lets not get off-topic. We need to save the PWSCC. Anybody else out there with any useful information? Might be interesting to get a PRO-PWSCC petition started here on Topix. Those in favor of keeping the PWSCC operating as it has for the past 50 years, please respond to this post whether you are a PWSCC member or not, by responding to this post with "Standing Up for PWSCC"
Steve

Alexandria, VA

#55 Mar 7, 2013
PWSCC Member wrote:
<quoted text>
.....Might be interesting to get a PRO-PWSCC petition started here on Topix. Those in favor of keeping the PWSCC operating as it has for the past 50 years, please respond to this post whether you are a PWSCC member or not, by responding to this post with "Standing Up for PWSCC"
A petition on Topix may make you feel better, but it won't win you the case. Fact is that Howe has filed suit in a court of law, and as far as I know, PWSCC hasn't even hired a lawyer yet. Better get on that ASAP.
PWSCC Member

Berthoud, CO

#56 Mar 7, 2013
STANDING UP FOR PWSCC!!

It does make me feel better.:)
Bionic Knee

Fairfax, VA

#57 Mar 12, 2013
Lawsuites are necessary when "fairness" and "integrity" are at stake. Regardless of the situation. i don't care who has been at the "helm" the longest. I want the best captain for my ship...new or old. Just saying.
Clueless

Falls Church, VA

#58 Apr 18, 2013
PWSCC Member wrote:
To concerned citizens of Colonial Beach and members of the Potomoc Westmoreland Shores Civic Corporation ( www.pwscc.org ):
On February 13, 2013 the PWSCC Board of Directors received notice of a lawsuit/complaint against it and the community filed on January 25, 2013 in Westmoreland Circuit Court. This suit was filed on behalf of Mr. Frederic Howe III and Mr. Linnie Hiter.
The PWSCC Board is working to address this lawsuit and to preserve the PWSCC organization that has been in existence for over half a century. All of the legal documents have been posted within the Documents and Forms section of the PWSCC website under Case No. 193CL13000005-00.
If you would like to learn more about this lawsuit and show your support in favor of the PWSCC and help defend its right to continue operating on behalf of its members, please contact the President of the PWSCC via email (email located on PWWSCC website under "contact us"). www.pwscc.org
To anyone interested, this apparently has a court date for next Monday, 22 April
Just a thought

Falls Church, VA

#59 Apr 19, 2013
Seems this is a sensitive issue for PWSCC
community. However, please note that this community is not in the Town of Colonial Beach.
Some of the area surrounding CB is assigned a postal zip code that is CB's...PWSCC must be one. Hope you folks work it out, but we Colonial Beach residents will not get involved.
FYI

Alexandria, VA

#60 Apr 19, 2013
Just a thought wrote:
Seems this is a sensitive issue for PWSCC
community. However, please note that this community is not in the Town of Colonial Beach.
Some of the area surrounding CB is assigned a postal zip code that is CB's...PWSCC must be one. Hope you folks work it out, but we Colonial Beach residents will not get involved.
Nobody ask you to help. And who are you to speak for other people

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