05/22/2025
Greetings Wedgefield Residents,
Now that we have the final order for judgement filed in the Londergan case we can say that a definitive state of the Deed Restrictions has been reached.
The Court found that, in short, MRTA has extinguished the Covenants and Restrictions, and had done so prior to the 2017/2018 revitalization attempt, and that any prior recorded amending of said did not have the legal effect of revitalization. One could actually extend that argument even (potentially *much*) further back in time, but that was enough.
It also plainly states that any future revitalization attempts would constitute an unconstitutional deprivation of property rights against the plaintiffs.
While the order specifically references the plaintiff properties, we believe that this would logically extend to any properties governed thereby as an equal protection issue, and any additional legal actions to remove properties from said jurisdiction would point to this judgement (along with the already excluded Nicholas properties) as grounds for almost certain relief.
I believe I can safely speak for the Board in that there is no consensual will to attempt a revitalization, given that we were all elected to these positions by the membership and residents specifically to either remove or neutralize the Covenants from the outset. Even if there were, the reality of the voting threshold required to revitalize is, in our opinion, unreachable. Along with these conditions, and the fact of the matter being that the original condition of the documents and organization created to maintain them was unsustainable in the long term leads us to this point.
At this time, the Architectural Review processes is suspended pending our consultation with counsel, and we will also consult with counsel as to how to handle the discontinuance of the Estoppels process, though this may take a little time, due to the fact that that some title/real estate people may require said paperwork for closures, as an HOA was registered as having jurisdiction on the titles. Most likely this will be replaced by a blanket letter to be posted on the wedgefield community webpage going forward.
Once we've converted or replaced the organization, under the advice of our legal counsel, we'll reach out as regards membership, as it still will require some money to do the things that should be done, like maintaining the entrances, the community website, and such. I'm hoping we can get this done quickly, and get some community interest going to sustain it. Any WHOA membership would naturally transfer to the new entity.
I understand that this has been a long time coming, and there were times I was urged to move faster to some resolution, but I believe that waiting for this outcome, once the prior decision was reversed, was the proper course of action in order to avoid the unpleasantness that occurred two years or so ago that put us all here in the first place. At this point, I believe the state of the documents is well-enough codified that it should not be successfully challenged again. Legal processes move slowly, and I know that any perceived delay was due to my sense of caution around the matter, and not necessarily the Board as a whole.
Now begins the hard part.... as now we are *all* responsible for the well-being of our community. Keep an eye out not only for yourselves but your neighbors, and be considerate to others. Remember that all zoning and code enforcement regulations still apply to all the properties, same as they ever did.
We will try to keep you abreast of any developments, and I fully intend to modify or replace the signage at the entrances, so please, no shotgun modifications, since I might be able to re-use them. I think we have one extra one that we might give over for "kinetic redecoration" under the kindly auspices of the Board.
Yours,
Shelly Crawford
President - WHOA
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