Mike Guevremont is moving out of 113 Wertland Place
Mike Guevremont at 113 Wertland Place has indicated that he is moving out of Winchester Landing. His house is on the market. Prospective buyers should be aware that the property is the subject of an ongoing fence compliance dispute.
As discussed in earlier posts, the fence is located in an easement area where fencing is prohibited under the restrictive covenants, and the issue has not been resolved in a way that eliminates the underlying covenant concern.
The fence is an ongoing liability concern because it is placed in a stormwater easement, which is intended to carry water away from properties during heavy rain. If the fence blocks or interferes with that function, it could contribute to flooding damage or drainage problems and create liability issues for the new owner of 113 Wertland Place or the HOA.
I requested the approval documents for his fence, as is my right under Virginia Code § 55.1-1815, but the board on which Mr. Guevremont sits refused to provide them, which makes it difficult to confirm when the fence was approved and by whom.
It should be noted that the HOA may still retain the authority to require the fence to be moved out of the easement, even if an approval was issued in conflict with the recorded restrictive covenant, because an approval does not by itself override the covenant.
For the record, Frederick County states that fences cannot placed in stormwater easements.
For these reasons, I sent a certified letter to the listing agent for the property advising her of the fence issue and requesting that it be disclosed to any prospective buyers. Buyers should review the HOA records, governing documents, and resale disclosure materials carefully before proceeding.
See Also: Related Posts on Mike Guevremont
Owner Lawsuit Against the HOA and Mike Guevremont – Post-Mortem – Analyzing the lawsuit and its implications for HOA governance.
Unanswered Questions From Mike Guevremont About Recusal and Representation – Highlighting transparency gaps and lingering concerns.
Mike Guevremont’s Response to the Postcard: Attack the Messenger, Dodge the Issues – Addresses the lack of accountability problem.