Easement Granted To NON-HOA Party

On October 28, 2002, John F. Devine, as President of the Preakness Dr HOA, signed a legal instrument that conveyed an easement right of way to a non-hoa party for the consideration of $1.00. None of the area residents within the community were ever given notice of this pending transaction, nor are the details of the transaction sufficiently documented. There is no indication that this transaction was taken with a legal Board of Directors vote, or community resident vote as is indicated in the Preakness Drive HOA governing documents.

The residents request to know the circumstances surrounding this transaction and is currently being done to protect the HOA from any liability that may arise from the stormwater flooding that affected HOA residents have complained and documented as damaging their property.

Residents need to know what actions are pending concerning engineer recommendations to construct a swale in the HOA common area to protect the affected residents and where the funds to construct this swale will come from.

Comment On This

The Preakness Dr Homeowners Association was ruled against in a recent Montgomery County Commission on Common Ownership Communities Panel decision. A complaint had been filed against th Board of Directors led by John Devine, a Lockheed Martin employee, and Lillian Dangerfield, a US OPM employee, who both had refused to hold an HOA Annual Meeting, Board Election, Budget Vote and Assessment levied meeting for 2009. One aspect of the complaint had been to spotlight Devine's giving of a right of way easement to an outside builder who built on an adjoing lot which resulted in some yard flooding during heavy rains. While the builder's lot was not in the Preakness Dr HOA (PDHOA), the easement should have been approved by local residents.

Read about the CCOC Panel Order dated July 31, 2009 at:

http://www.mediafire.com/myfiles.php?r=lkwwe