... a threat???
"For those who are now threatening to file suit against RBMC regarding this and/or the invalid petition that was presented, this is for you. To the extent that we have to file an order against a Member who disregards these facts, RBMC will defend itself and ask for fees (that if granted you would pay for RBMC’s defense of itself) because Members were given notice of the close of season and the off season limited access restrictions and the information on the circuit court order. Regarding the petition that was rightfully published to the Membership, you put your own privacy at risk when you signed the petition."
River Bend Membership Corporation - RBMC
River Bend Membership Corporation - RBMC uploaded a file.
Members of River Bend
Regarding the Off Season Access Limitations update that was published on 10/22/18, we are providing copies of the two circuit court rulings for the Members on this subject. Specifically, there were two lawsuits filed, one against River Bend in 1991 where the final order was wholly in favor of River Bend, and another suit filed by River Bend against a Lot Owner in 2009, and a Declaratory Judgment was entered against the Lot Owner in favor of River Bend.
While there is not a Summary Judgment in place and the orders in either case do not bind all Lot Owners specifically, they set precedent, strong ones in fact, that include and answer to a variety of possible arguments. The Findings of Fact and Legal Standard are clear and not confusing in any way, that River Bend is a Seasonal Park and is closed in the off season for reasons intended to protect the infrastructure of River Bend, in part and particularly the waste water system that is not operational in the off season and is not buried below the freeze line. Let’s be honest, if people come in and especially if they stay, they will need to relieve themselves, and we have no way to prevent someone from excreting personal waste and pouring water into their camper bathrooms that are directly connected to the sewer system. Nor do we want to find piles of waste behind bathhouses as we did this spring.
That a prior Manager and/or Boards made a decision to allow some amount of overnight stays in the park not only was in direct conflict with the governing documents, it went against the orders RBMC paid to uphold, it put your park in physical harm and its Members at risk of physical and financial harm.
While we understand your aggravation and frustration for learning many truths this season that have not been made clear in the past and are unpopular. This Board and Management are not trying to impose new limitations or restrictions upon the Membership, we are simply carrying out what has always been true, and that every person who purchased a lot in River Bend agreed to follow and uphold when they signed the deed for their property. Among other things, River Bend is a Seasonal Park that is closed for five months out of the year because it is a campground and was not designed or built to function in the winter months.
I am sure you would agree that it is still the best deal going for seven months out of the year for the $1459.44, that Members pay to live here that includes all of their electricity, water, sewer, trash, security, onsite office administration, maintenance staff and more amenities than any other community in the Eastern Panhandle. Nowhere else in America can you live like this for $208.49 per month for seven months, nowhere!
Members are welcome and encouraged to come as often as they would like in the off season from dawn until dusk to enjoy their property. However, no water, and no waste may be placed in the sewer system and the trash yard is closed except for brush so all building materials and waste must be hauled out of the park. Likewise, if you are having work completed at your property in the off season, you will need to instruct your contractors to use the restroom at the front of the park that is located outside of the Administrative Office. Please do not use the woods for a restroom, personal waste attracts wild animals, and is a feast for rats.
I would like to restate here that if anyone would have information to the contrary that is more current and binding than these orders, please present that to the office and we will promptly investigate this matter further because we want to provide you with everything that is yours as part of your bundle of rights.
In the absence of something more substantial, the Board and Management thank you for your cooperation and understanding.
For those who are now threatening to file suit against RBMC regarding this and/or the invalid petition that was presented, this is for you. To the extent that we have to file an order against a Member who disregards these facts, RBMC will defend itself and ask for fees (that if granted you would pay for RBMC’s defense of itself) because Members were given notice of the close of season and the off season limited access restrictions and the information on the circuit court order. Regarding the petition that was rightfully published to the Membership, you put your own privacy at risk when you signed the petition.
The Corporate attorney for River Bend Membership Corporation is Chris Stroech of Arnold & Bailey PLLC.
We have a LOT of work to do now that you have entrusted us to complete to get the park back into a more stable and presentable condition and appreciate everyone’s cooperation to allow the Board, Management and the Staff to do just that. We look forward to presenting you with an even more beautiful park in the Spring and wish you all a safe and very blessed holiday season!