Residents of Montpelier recently received a post card in the mail from “GBLLC” or “GBrunett Developers” (hereinafter referred to as “GBLLC”) accusing the Montpelier HOA & ACCC of acting carelessly and overstepping their authority by not approving plans submitted for a new home to be built on Pleasant Ct.
GBLLC is wrong, and it knows that. The fact is the exact opposite is happening. The HOA & ACCC are acting carefully and very much within their rights by adhering to MCA’s Governing Documents and performing the duties required of them to ensure that any home built on an MCA Lot is compliant. GBLLC and the owners of the subject Lot are not happy with MCA’s covenants and bylaws. GBLLC is trying to bully MCA to force the community to approve its non-compliant construction plans.
The owner of the subject Lot previously filed a complaint against MCA with the State of Maryland Commission on Civil Rights (hereinafter referred to as the “Commission”), alleging that they were discriminated against based on their race when MCA denied their application to build a home on the subject Lot. (State of Maryland Commission on Civil Rights – Case # MCCR-2006-0285 & HUD Case # 03-20-5660-8). A thorough investigation of the complaint was undertaken by the Commission, which subsequently issued a Written Finding on November 25, 2020, that there was “No Probable Cause” to support Complainant’s racial discrimination claims against MCA’s Board or Trustees and/or Architectural Committee.
The Commission’s Written Finding stated in pertinent part that “In order for Complainants’ to build a home on the property within the Respondent’s community, the Complainants had to propose a model home that was already preapproved in the Respondent’s bylaws and covenants which include Eton, Framingham, Gramercy or Jamestown. The investigation confirmed via the Complainants’ build requests that they were submitting build requests for model homes that were not an Eton, Framingham, Gramercy, or Jamestown model. Therefore, the Respondent had a legitimate, non-discriminatory reason to deny Complainants’ build requests”.
The Commission’s Written Finding further noted that “the Complainants’ submitted at least five separate build requests between October 2019 and March 2020, which were rejected. The investigation also confirmed via copies of the Complainant’s build requests and a copy of Respondent’s bylaws and covenants that the Complainant’s proposed floor plans and model did not align with the models that were approved by the Respondent”.
On or about December 10, 2020, the Lot owners filed a Request for Reconsideration (an appeal) of the Written Findings of the Commission, which the Commission DENIED on February 10, 2021.
The Lot Owners were then invited to submit a new application for construction. Unfortunately, their developer (under the name “Gilmoure-Brunett LLC”) again submitted a non-compliant application in April 2021. By letter dated May 18, 2021, the developer issued its own unilateral “decree” stating that the application was approved. MCA’s attorney responded by letter dated June 3, 2021, informing the developer that no architectural application has been approved for the subject Lot.
On June 9, 2021, Gilmoure-Brunett LLC filed a complaint against MCA with the State of Maryland Office of the Attorney General in its ongoing attempt to force MCA to approve the non-compliant application. This complaint is baseless.
MCA in consultation with and assisted by its attorney, will respond to the above-referenced complaint and to the developer’s most recent threat made by email dated August 27, 2021, that if MCA does not accede to its demands “…then my client will proceed forward with their plans to build their new house…”.
The MCA Board of Trustees will continue to keep the community informed of developments pertaining to this matter. The MCA Board of Trustees will enforce MCA’s governing documents.
Residents interested in knowing more or that have questions are welcome to dial into the monthly Board of Trustees or ACCC meetings on the second Tuesday of the month or first Thursday of the month, respectively, at 7:00 p.m.
The call-in info for both meetings is 202-860-2110, and the Meeting ID is 126 909 1700 #, then # again.
Keep up the great work HOA Trustees… Follow the HOA ByLaws