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Residents tell Virginia housing work group developer 'declarant control' left community without local control
Summary
Residents and the declarant at Captains Cove gave opposing accounts of who should pay for infrastructure and who controls the homeowners association after decades of developer involvement.
At a meeting of the Local Land Use and Community Living Work Group, residents of Captains Cove and counsel for the property’s current declarant described divergent accounts of how developer ("declarant") control affected the Eastern Shore subdivision’s roads, utilities and governance.
"For the last 13 years, our current declarant, CCG Note LLC, and their associate, Tim Hearn, have controlled our community and have changed its dynamics," said Theresa Birkhead, who identified herself as a resident and speaker selected by the community, describing alleged transfers of common areas, water and sewer facilities, and disputed loans.
Birkhead and several Captains Cove residents told the panel the association has…
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