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Letter: War Brewing at Bay Creek

February 9, 2020 by Wayne Creed 7 Comments

This letter was sent to the Mirror, the writer wishes to remain anonymous.

Home Owners and Buyers beware! Bay Creek, Preserve Communities Transparency. 


Bay Creek and Preserve Communities claim we are one community. Why then the secret meetings held for specific neighborhoods? Why not let all property owners hear the concerns about the management of our neighborhoods? 


Bay Creek and Preserve Communities were asked months ago for a map detailing what properties are owned by Preserve Communities and what is owned by the POA? Still no answer. How about who owns the beach in Bayside Village? 


Bay Creek and Preserve Communities were asked about a house that doesn’t seem to meet a specific neighborhood’s guidelines or PUD requirements. Instead of admitting a mistake on the part of Bay Creek and Preserve Communities they’ve decided to get their lawyers to change the guidelines to meet that specific house. Will we soon have 80 ft homes?


Bay Creek and Preserve Communities “current club members” who think you are “set”, have BC and PC communicated what the new club membership is going to cost? Will there be a cap on fee increases going forward? Will there be an opt-out clause on the membership?


Bay Creek and Preserve Communities tried to force the 2020 POA operating budget on property owners without the required review. As of today we as property owners still have not seen a budget.


As for opening the gates, Bay Creek and Preserve Communities have installed a new golf cart access path for all to use on Patrick Henry Ave (Fuji Film industrial park). Please come in and tour the LifeStyle offered by Preserve Communities!


This is the same lack of transparency that all of the Bay Creek developer/declarants have been giving POA members for almost 20 years. It is now time for a change!

For all Bay Creek and Preserve Communities property owners, it is time to get involved, we need to take control of our POA, and stop the lack of transparency! 

Filed Under: Bottom, News

Comments

  1. Robert says

    February 9, 2020 at 1:54 pm

    The Cape Charles Municipal Ordinance enacted in February 1993 for the PUD ACCAWMACKE PLANTATION, now known as Bay Creek at Cape Charles, restricts ALL residential buildings to 40 Feet in Height, just at it requires certain setbacks, types of residential buildings, driveways etc. Surely Preserve Communities should be aware of the PUD document, it should have been on the Title Policy purchased when they acquired Bay Creek South, LLC’s interest in all of its property. All of the 873 Town Approved Lots “Units” as described in the POA Declaration and updated with Supplements since the year 2000, are subject to the PUD. All property in the North and South Tracts of Bay Creek at Cape Charles are subject to the PUD, even Parcel T and Parcel KK. As the Third Successor Declarant to the POA, Preserve Communities are the developer/declarant – even for all of the Property in the North Tract: The Colony, Kings Bay, and Marina Village East.

    Reply
  2. Mike Conte says

    February 9, 2020 at 2:44 pm

    You know what would be really transparent: stop the anonymous opinion pieces. If you are an owner and have information, be available to share and discuss vs create sides. All owners want a full understanding of the future at Baycreek. As a property owner now planning to build I have to ask is your information is verifiable?

    A few weeks ago I read another ‘anonymous opinion piece’ about the exercise facility at the Beach Club and I found it very interesting that the people that defended it the most were not property owners. These defenders, had the opposite experience and told how the changes were minor. I know with all that goes on it may seem acceptable to disseminate ‘mis’information, yet I implore to all, are we serving the BC community as a whole?

    Reply
  3. Kay says

    February 10, 2020 at 5:27 pm

    The sky is falling!

    Reply
  4. Pat (BC homeowner) says

    February 12, 2020 at 11:26 pm

    Meeting: Preserve Communities has been the declarant for only four or five months and during that time has held at least three meetings / webinars / roundtables open to all homeowners including an invitation to dial in if not present. There may have been additional smaller gatherings with individual neighborhoods at their (the neighborhood’s) request, but that doesn’t mean they were held in secret.

    Map of Ownership: Tax ownership information for all properties within Bay Creek is available at http://northampton.mapsdirect.net

    House Height: From the PUD page 6.2; “ BUILDING, HEIGH (sic) OF: The vertical distance measured from the average grade of building corners of the structure to the highest point of the roof if a flat roof; to the deck lines of a mansard roof; or to the mean height level between the eaves and ridge or a gable, hop, or gambrel roof.” This is a pretty common definition used in many municipalities (including Cape Charles town) and developments and it means that a fully conforming 40’ high house or building can in fact be taller than 40’.

    Budget: When the homeowners rightfully challenged Preserve Communities about the budget review at their very first POA meeting, they took immediate action to post it for review on the POA website with an email request to homeowners for their questions or comments.

    Club Dues and Golf Cart Gate: At the most recent homeowners’ roundtable, Preserve Communities indicated that they were currently studying club dues and also reviewing the access requirements for the new golf cart gate. Giving the letter writer the benefit of the doubt, that meeting must have happened after this anonymous letter was sent to The Mirror 😉

    P.S. I am not affiliated with Preserve Communities nor the Bay Creek POA.

    Reply
  5. Robert says

    February 12, 2020 at 11:44 pm

    BC Pat Owner is not accurate:

    He/She needs to continue reading the PUD… Page 6-10 Maximum Building Height is not House Height !

    E. Lot, Yard, Height and Coverage Requirements. Within the R-1 land Use Classification, the
    following standards shall apply to each respective lot size:
    1. Minimum Lot Requirements.
    Lot area (sq. ft.) 12,000-24,999 25,000-39,999 40,000 +
    Lot width (feet) 80 100 120
    Lot depth (feet) 110 125 140
    2. Minimum Yard Requirements.
    Front yard (feet) 30 40 50
    Side yard (feet) 15 20 25
    Side yard-corner (feet) 25 30 35
    Rear yard (feet) 30 30 30
    3. Maximum Building Height.
    Vertical measure (feet) 40 40 40

    Reply
  6. Pat (BC homeowner) says

    February 13, 2020 at 3:30 pm

    The Building Height quoted is accurate. It defines how the Maximum Building Height, given in the R-1 Land Use Classification (and the others), is measured.

    Reply
  7. Fed Up! says

    February 17, 2020 at 7:01 pm

    As someone who attended the meeting…Preserve Communities/BayCreek definitely has a plan for their clubs. It was asked if they could go over it with the group and they did, at least somewhat. They even said you could go to the pro shop and talk to a sales person and join now if you wanted too.

    I can’t remember the sales pitch exactly but here are some highlights. I do know multiple home owners recorded the meeting so maybe someone else will chime in.

    $5,000 & $10,000 discounts for property owners who allow Preserve Communities to attach membership to your existing property. Which I imagine means your property is always responsible for club dues, just like HOA dues.

    At time of sale property purchaser is then responsible for club membership.

    Limit number of memberships so if you don’t sign up during the sales/membership drive there may not be space in the future. “Sales pitch 101 must create a sense of urgency.”

    No cap on dues going forward…this is the scariest thing to me!

    They only have somewhere around 25% of property owners currently as club members now. They took away 9 holes of golf and the biggest new amenity “The Beach Club restaurant and pool” will not be completed until 2022. I imagine the sales drive is going to be slow.

    Preserve Communities / BayCreek has shared the new budget. It is just under a 12% increase but what I find disturbing is our HOA dues are only going up $3 or 2%. Why are the dues only going up a fraction of the spending increase? Is this a tactic so property owners don’t start questioning the increase in the budget?

    Reply

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