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Residents, developer offer starkly different accounts of Captains Cove declarant control
Summary
At a Virginia Housing Commission work group meeting residents of Captains Cove described decades of developer (declarant) control they say has deprived lot owners of effective self‑government and left the association bearing infrastructure costs; the declarant's counsel described operational and financing constraints and said sustained declarant‑in
Residents of Captains Cove on Virginia’s Eastern Shore told the Local Land Use and Community Living Work Group they have endured decades of effective developer control and financial strain and asked the General Assembly to consider statutory fixes that would prevent similar outcomes for other older subdivisions.
"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," Theresa Birkhead told the work group, citing settlement agreements, property transfers and a $3,000,000 declarant loan the board agreed to in 2012. Birkhead said the association now faces substantial unpaid assessments, roads needing major work, and a governance structure that allows the declarant to dominate board elections and budget decisions.
Mark Ba…
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