From the HUD Website:
Speaking to the National Association of Home Builders Spring Board of Directors Meeting, U.S. Housing and Urban Development Secretary Shaun Donovan today announced that the Federal Housing Administration (FHA) will allow homebuyers to apply the Obama Administration’s new $8,000 first-time homebuyer tax credit toward the purchase costs of a FHA-insured home. Donovan said that today’s action will help stabilize the nation’s housing market by stimulating home sales across the country.
The American Recovery and Reinvestment Act of 2009 offers homebuyers a tax credit of up to $8,000 for purchasing their first home. Families can only access this credit after filing their tax returns with the IRS. Today’s announcement details FHA’s rules allowing state Housing Finance Agencies and certain non-profits to "monetize" up to the full amount of the tax credit (depending on the amount of the mortgage) so that borrowers can immediately apply the funds toward their down payments. Home buyers using FHA-approved lenders can apply the tax credit to their down payment in excess of 3.5 percent of appraised value or their closing costs, which can help achieve a lower interest rate. To read the FHA’s new mortgagee letter, visit HUD’s website.
"We believe this is a real win for everyone," said Donovan. "Today, the Obama Administration is taking another important step toward accelerating the recovery of the nation’s housing market. Families will now be able to apply their anticipated tax credit toward their home purchase right away. At the same time we are putting safeguards in place to ensure that consumers will be protected from unscrupulous lenders. What we’re doing today will not only help these families to purchase their first home but will present an enormous benefit for communities struggling to deal with an oversupply of housing."
Currently, borrowers applying for an FHA-insured mortgage are required to make a minimum 3.5 percent downpayment on the purchase of their home. Current law does not permit approved lenders to monetize the tax credit to meet the required 3.5 percent minimum down payment, but, under the terms of today’s announcement, lenders can now monetize the tax credit for use as additional down payment, or for other closing costs, which can help achieve a lower interest rate. Buyers financing through state Housing Finance Agencies and certain non-profits will be able to use the tax credit for their downpayments via secondary financing provided by the HFA or non-profit. In addition to the borrower’s own cash investment, FHA allows parents, employers and other governmental entities to contribute towards the downpayment. Today’s action permits the first-time homebuyer’s anticipated tax credit under the Recovery Act to be applied toward the family’s home purchase right away. Unlike seller-funded down-payment assistance, which was a vehicle for abuse, this program will allow homebuyers to shop for the best home price and services using their anticipated tax credit.
To explore financing options for real estate in Hampton Roads or Williamsburg VA contact: John@MrWilliamsburg.com
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The Oaks at Fenton Mill” in Williamsburg/ York County, Virginia.
Home builders at The Oaks at Fenton Mill include: Wayne Harbin Builder and Lawson Homes .
The wooded community is close to the interstate and only minutes from the bustling retail centers of Upper York and James City counties, including Wal-Mart, Home Depot, Lowe’s, and the new Sentara Community Hospital.
The community features wooded country size lots, beautiful rolling terrain, walking trails, a pond, and recreational areas .The wooded home sites range in size from one-half acre to two acres.
Stay tuned for further details.
| Schools for The Oaks at Fenton Mill | York County |
| High School | Bruton |
| Middle | Queens Lake |
| Elementary | Waller Mill |
Location map of The Oaks at Fenton Mill
York County VA From an article in the Daily Press by Veronica Chufo
The allure of an acre, the convenient location and the freedom to build a house that suited their needs drew Sean and Leslie Callender to Taylor Farms in York County.
The Callenders, who lived in Kiln Creek, were looking for a home that would accommodate them, their two children and Leslie’s parents.
They considered buying a quarter-acre in another nearby development, then stumbled upon Taylor Farms.
“Here, it’s basically the same amount of money for an acre,” Sean Callender said. “It was kind of a no-brainer.”
The large lot size is probably the biggest selling point for Taylor Farms.
The region’s residential construction market has slowed considerably since the boom a few years ago. The number of building permits issued in Hampton Roads is down 31.8 percent from last year and down 58.6 percent from the 2003 peak, according to figures from the U.S. Census Bureau.
The housing market has also cooled, with sales down 17.9 percent between 2007 and 2008.
But on a recent afternoon, construction and landscaping companies worked on properties throughout the Taylor Farms neighborhood.
The new community, which was the site of the 2008 Parade of Homes, is “not totally insulated” from the economic slowdown that taken root, but prospective buyers do come by for every open house held in Taylor Farms.
Taylor Farms started selling lots in 2005 on what used to be 72 acres of farmland. Homes started going up in 2007.
Thirty-five of the 54 lots had been sold by the time the Peninsula Housing and Builders Association approached Taylor Farms’ owners about using it as a Parade of Homes site, and more than 13,000 people turned out for the showcase
of upscale homes.
Now, there are only 10 home sites left, building lots start at $195,000.
In addition to the spacious lots, the site also has a great location, Whittaker said. It’s close to three Peninsula hospitals — which is helpful for doctors who must get to a hospital in a hurry for emergencies, he said.
Another benefit is that the houses are custom built. Buyers tell the builders what they’re looking for, and the builders draw up plans to meet their needs, Whittaker said.
And unlike other new homes, there’s no requirement to build right away. The lots are mostly sold to the buyer, not to builders, and the buyers are given a window to start building, Whittaker said.
Doctors, a fireman-pharmacist couple, a real estate agent, school employees and NASA employees all call Taylor Farms home, he said.
“It’s a pretty eclectic community,” he said. “We have toddlers in there, and we have empty nesters.”
Phyllis Fleming and her husband moved into their house in July. As a military family, the Flemings moved all over until settling down in the Hampton Roads area in 1997.
Now they’re empty nesters. But instead of scaling back, they’re moving up.
“Being a military wife, you travel around and you live in all these different kinds of houses. You pick from all of them. You have your mental dream house from all of them,” Fleming said. “That’s what this house is like. This is, I guess, our dream house.”
She said it was a “phenomenal find” to get a 1-acre lot.
“If we were going to move up a house, we wanted some space around it. We didn’t want to live right up next to our neighbors where you can hear your neighbors through your wall.”
The Flemings’ house is 3,600 square feet — more than 4,500 square feet if you count the unfinished attic — and features a formal foyer, a “man cave” over the garage, an office for Fleming, a walk-through closet that opens into the laundry room and a walk-through pantry.
Fleming said they were able to build because they saved up for this house and have weathered economic downturns before.
For the Callenders, Taylor Farms was a chance to get the kind of house the family needed. They looked around at existing homes but couldn’t find a house to fit their needs.
Sean Callender’s father uses an electric cart. When he visited, he stayed in a hotel room because their old house wasn’t accessible. If they built, they could make the house accessible for Sean’s parents and allow Leslie’s parents to move in.
So they sold their Kiln Creek home and bought here, trading up from a 2,100-square-foot home to 3,700 square feet.
“We plan to stay here for a really long time,” said Sean Callender, who works as the secondary science supervisor for Newport News public schools. “You look at the Parade of Homes, and you sell all the bells and whistles. We made a functional house. Since I’m in public schools, we’re not very wealthy.”
But they did plan ahead, working as teachers and coaches when they first got married, living off only one salary and saving the rest, they said.
“It’s not over the top,” he said. “This is what we want, and this is what we need.”
The two new homes in Taylor Farms currently for sale are priced at $899,000 and $1,295,000. There are other proposed homes also available as well as the ability to create your own custom dream home.
If you would like to discuss building your own dream home in Taylor Farms, York County or any other community in the Hampton Roads area call or email John@MrWilliamsburg.com
Click here to search all York County VA properties for sale
Share on FacebookYork County’s Division of Housing and Neighborhood Revitalization is offering a Virginia Housing Development Authority home ownership education workshop on Saturday, Nov. 22 from 9 a.m. – 4 p.m. in the Community Services Conference Room located at 224 Ballard Street, Yorktown, Virginia, 23690.
The workshop will cover personal finances, credit reports and credit issues, the role of the lender, your relationship with a real estate agent, the Fair Housing Act of Virginia, home inspections, loan closing and home maintenance.
To register for this workshop, or for more information, call Tracy Pierce at 757-890-3885.
This update brought to you by Mr Williamsburg.com / Realtor/ John Womeldorf
A Realtor living / working in the Hampton Roads/ Tidewater area of Virginia.
You can reach me at 757 254 8136
Email John@MrWilliamsburg.com
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FAQ : Brian, now the seller’s spouse won’t sign the contract (or listing agreement). Do I have a deal?
Answer : No, as long as both were named as parties. But read on.
This frequently asked question arises when someone refuses at the last minute to sign the contract or a listing agreement. The answer turns on how the contract or listing agreement was written and who is refusing to sign (but not why they are refusing). There are two basic facts patterns:
First Fact Pattern: Only One Party Named, Someone Not Named But Necessary Refuses to Sign:
Here the answer would be yes. In this typical fact pattern the agent (and usually the client) writes and signs a contract with just one name as a party (the apparent client) only to later learn that another necessary party, and that party’s signature, is missing and needed. As we have often noted, this can arise when a spouse thinks he or she got the house in a divorce only to find out the property was never actually deeded to them, but it can also arise with unknown heirs, someone claiming to “represent the estate,” business partners you didn’t think needed to sign, etc. Wright v. Bryan, 226 Va. 557 (1984) involved such a situation. In Wright only the husband, who in fact held title as tenants by the entireties with his wife, had accepted the buyer’s offer and he was the only party listed in the contract. The wife was neither named in the contract nor did she sign. When the buyer refused to close for reasons unrelated to the state of title the seller husband sued the buyer for breach, and the Virginia Supreme Court ruled in favor of the seller. In doing so the court discussed the rule that despite the wife’s omission on the contract, which meant that wife was not contractually bound to sign a thing, there was in fact a valid contract between the husband and the buyer (but the buyer breached it). Had the buyer waited until closing and the seller’s wife then refused to sign then the seller would have been in breach. This rule is why a builder can agree to sell a lot they do not yet own – on the basis that all they do is promise to acquire title by the time they are obligated to sell to the buyer (but this might be a misrepresentation under the REIN contract re joinder or approval of third parties). And had the buyer waited and then the seller’s wife refused to sign I think the agent could have sued her client for breaching the listing agreement (unless of course the listing agent knew the wife was necessary and chose not to get her permission — which would be a VREB violation among others).
Second Fact Pattern: All Parties Named, But One Refuses to Sign:
Here the answer would be no. This fact pattern usually involves a situation where you know about both (or all) parties, and so both (or all) names appear on the contract (or listing agreement), but then one of the named parties refuses to sign at the last minute. This, too, often arises with a separating or divorcing couple when one of the spouses just changes his or her mind whether out of spite or just because they change their mind. The distinction from the first fact pattern is that it is understood from the beginning that you need all parties to sign and all are listed as parties to the contract/offer. G & M Homes II, Inc. v. Pearson, 263 Va. 107 (2002) involved this fact pattern: mom owned one-half of the property and her daughter owned the other half and both were listed as parties. Mom accepted the buyer’s offer, but daughter refused. The buyer sued claiming that mom was obligated to sell her half (they tried to get the daughter also, but that failed). The Virginia Supreme Court said mom was not obligated to sell her one-half on the ground that since both sellers were listed in the contract in was clear both had to accept the offer before there was a valid contract – there was no evidence whatsoever mom was agreeing to sell her one-half when she signed. The same principle would hold on a listing agreement (any contract really).
So, in summary, make sure you always find out who owns an interest in the property. List them as parties. And then get everyone to sign. If someone misrepresents their ability to enter into the contract without others they may be sued if they do not get them to sign.
If you need help on this or any other matter, please feel free to email or call me. Thank you for your support and business.
Brian
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Brian D. Lytle, Esq.
Lytle Law, P.C.
11801 Canon Blvd., Ste 200
Newport News, VA 23606
757.595.5655 phone 757.595.4262 fax
www.lytlelaw.com
FAQ : Brian, the seller wants to change or strike the general warranty, state of title, and/or mechanic’s lien clauses from the contract, is this ok for my buyer?
Answer : No, it is not ok. Explanation below (and come to the October 13 Roundtable for an even better explanation from First American regarding title insurance!).
The current market has generated more than the usual normal number of institutional sellers such as REOs, institutional investors, relocation companies, foreclosed property re-sales, and simply investor-buyers-turned-sellers. And these companies seem loathe to take any risk, real or imagined, and since many are out-of-state they are not familiar with Virginia law, custom, or practice. As a result I am being asked quite frequently whether it is ok, from a buyer’s standpoint, to permit such a seller to strike or change the paragraph or paragraphs that address title warranty, state of title, and mechanic’s liens. These sellers want to strike that language on the theory that they were not owner occupants and do not want to make any warranties or promises regarding the property; rather, they want to minimize or eliminate any potential liability whatsoever (at least what they perceive as liability).
The REIN contract, at paragraph 8, provides (in part) that:
Seller shall convey marketable and insurable title to the property by general warranty deed, unless otherwise specified below, subject to any easements covenants and restrictions of record, which do not adversely affect the use of the property for residential purposes.
The REIN contract also provides, in paragraph 7, again in relevant part, that:
At settlement, seller shall execute and deliver (i) the deed, (ii) a mechanic’s lien affidavit acceptable to buyer’s title insurance company, and (iii) such certificates and agreements as may be required by state and federal authorities for tax and residency purposes.
First, as a buyer’s agent you simply cannot permit a seller to strike the clear, marketable and insurable provisions of the contract. If you do then your buyer client has no remedy if the seller cannot deliver clear title – the buyer has to close with bad title – and a title insurance company will not insure against known defects so that does not help. Since clear title cannot be delivered and title insurance cannot obtained the lender will not make the loan, thus the buyer can argue that the financing contingency is not satisfied and the buyer need not close, but I worry that in response the seller could point to the language in the contract that says handwritten or notated provisions control boilerplate printed ones. I think the buyer wins, but having to go to court to find out isn’t exactly what Bobby had in mind.
I am not so much concerned about such a seller striking the general warranty deed clause, or more likely, changing it to special warranty (even to quitclaim). While it is certainly better to have a seller convey by general warranty, that disadvantage can be mitigated by having the buyer purchase an enhanced owner’s title insurance policy. However, you must retain the language regarding clear, marketable and insurable title otherwise your buyer may be forced to accept an owner’s title insurance policy with exceptions, that is, the title insurance company disavows any responsibility for insuring against a particular, known, problem. In the trade we say that they “take exception” to the problem (read: buyer you are out of luck).
Lastly, the provision regarding mechanic’s liens is extremely important. Lenders require affirmative coverage against mechanic’s liens. Since they are at risk for a problem they cannot discover or eliminate, title insurance companies, including First American (the company we use), insist upon receiving an affidavit from the seller regarding the absence of work by a contractor or supplier for which a mechanic’s lien could be filed or claimed. Title insurance companies will not issue a policy without it, and since the lender requires it, the net effect is that you simply cannot close the transaction. This problem was/is acute enough that REIN included the requirement for it in the contract, and the Virginia General Assembly made it Virginia law. I just concluded a recent transaction where the seller struck this language (and the buyer agreed) and the title insurance company would not insure without the affidavit. Despite me pointing out the Virginia law that obligated the seller to provide the affidavit, they would not. After fighting the battle for a couple of weeks we finally reached a reasonable compromise and the deal closed, but it was not a situation that lent itself to agent/broker/lawyer sanity or client satisfaction. So please do not allow a seller to strike that requirement, and if you are trying to write a deal and the seller wants to strike it, please contact me and I will help you (and the seller) get past that dispute.
Note that the VAR contract has the same language in paragraph 19 regarding the mechanic’s lien affidavit, and similar obligations with respect to title at paragraph 13. So there is no practical difference between those of you writing on the REIN contract and those of you writing on the WAAR VAR contract.
As always, I think you for your business and please do not hesitate to call, email or visit me if you have any questions or problems I can help you with.
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Three neighborhoods in York County VA. received the 2008 Neighborhood of the Year award.
Villages of Kiln Creek Homeowners’ Association received the award for Safety. The Kiln Creek association was chosen for numerous initiatives that have or soon will result in improved safety for their community, including successfully reducing the level of speeding and hit and run incidents in the neighborhood by posting additional signs about the fines associated with speeding, and installing security cameras to monitor the area and deter would-be criminals.
Kiln Creek also holds regular crime watch meetings and has started an email list to enable crime watch captains and residents to share information when anything happens in the neighborhood.
Running Man Community Association’s was selected for the Neighborhood Cooperation and Spirit award. The Running Man association holds many successful community events throughout the year, including a Bicycle Rodeo, an Annual Easter Egg Hunt, Halloween Parade, Annual Yard Sale, block parties and at Christmastime, the Luminary Gift to the County, in which almost 100 percent of the homes participate.
In addition to scheduled community events, residents of the Running Man community are often seen running and walking in their neighborhood, waving hello to neighbors working in their yards. Many neighbors are involved with the Neighborhood Watch program, and several are very active in county service.
Yorkshire Downs Master Association received the award for Beautification. Over the past year, Yorkshire Downs’ Board of Directors has actively pursued all options within the budget to increase the aesthetics of the community. As well as undertaking ongoing maintenance and repairs within the community, the association has restored a number of areas such as the club house, swimming pool, bridge and retention pond.
One of the larger projects included the installation of new playgrounds and lighting at both the swimming pool and town homes locations. But the largest and most impressive single project is the installation of a walking pier and reinforcement of a bulk head behind Clydesdale Drive. The intention of this installation was to reduce severe shoreline erosion, which has become quite a hazardous issue for residents over time. The walking pier is not only a creative resolution to safety-related problems, but also serves to further improve the appearance of the community.
The York County Virginia Neighborhood of the Year awards program were initiated in 2002 following a request by several homeowner associations to recognize and highlight the efforts of the county’s homeowners to improve their communities.
I applaud all of these communities for their awards. Being a board member and active volunteer in my own neighborhood Windsor Forest) in Williamsburg/ James City County VA. I understand how difficult it can be to get things accomplished in a neighborhood.
Share on FacebookFree Homeowner Workshop on Thursday, Sept. 25
Freddie Mac, BB&T Bank and the York County Virginia Department of Community Services/Housing Division are partnering to sponsor a “Get the Facts: Dispelling the Myths of Homeownership” workshop.
The future home buyer workshop is to be held Thursday, Sept. 25, 2008 from 6:30 – 8:00 p.m. at the Yorktown Library, 8500 George Washington Memorial Hwy (Rt. 17), in Yorktown, VA.
Attend this free “Get the Facts” workshop to learn what it takes to become a homeowner. There will be no confusing jargon, no fine print and no sales pitch, just the information you need to better understand your path to homeownership.
For more information, contact the York County Housing and Neighborhood Revitalization Division of the Department of Community Services at 757-890-3885.
Share on FacebookQueens Lake is a wonderful, established waterfront community located in the York County part of Williamsburg, Virginia area. Bordered by Queens Creek to the North and West, and the Colonial Parkway to the South. Its Eastern border is York Counties New Quarter Park, a 545-acre county park renovated in 2005. Most of the homes were built from the late 1950′s until the lates 1970′s. There are a few that have been built since 2000 on the few remaining lots left in Queens Lake in Williamsburg VA.
The Queens Lake Community offer a host of amenities to it’s volunteer members . They include a fresh water lake stretching for more than a mile, perfect for boating (electric motors only) and filled with large mouth bass, bream and other fish A Marina on Queens Creek with navigable access to the York River and the Chesapeake Bay. Two swimming pools ( one boasts a six lane, zero degree entry facility equipped with diving board, jets and fountains. Another pool (for adults) and bathhouse complete the facility. The pool complex has a stunning view of the community marina and Queen Creek. Three tennis courts. A Playing field with softball diamond. Volleyball Court (sand-filled ) Playground, Clubhouse (sized to accommodate large major social gatherings with a large function room and a fully-appointed kitchen for preparing and warming foods. Coffee makers, freezers and refrigerators are provided as well.
Click this link to Search all homes for sale in Queens Lake, York County, Williamsburg Va
The following history is sourced from the Queens Lake Community website which you can explore here: http://www.queenslake.net/
A short History Of Queens Lake, Williamsburg VA and the Association
The land bordering Queens Creek in York County Williamsburg VA is characterized by ravines; creeks; mature, mostly deciduous, woodland; and wetlands. It is easy to imagine the Powhatan Tribe hunting and fishing in this region and watching the European Colonists rowing their boats up and down the creek to Capitol Landing to access the new town of Williamsburg. It has witnessed defining moments in American History, being close to the route that Washington took on his march to Yorktown in 1782, and being at the end of the defensive line that Confederate General Magruder constructed in 1862 to oppose Union General McClellan in the Civil War. The remains of confederate trenches can still be seen in New Quarter Park and numerous artifacts (arrowheads, military buttons, and musket balls) have been found to bear witness to all of this history.
At the beginning of the twentieth century, there were a number of small holdings scattered throughout the region. The foundations of a house can be seen close to Queens Creek in New Quarter Park, there was a farmhouse on the bluff that now overlooks the marina, old brick chimneys were found in the Montague Circle area, and there was a farm house on what is now Cambridge Lane. The land is not well suited for farming, however, and it must have been difficult to eke out a living and also pay property taxes. The Government took over much of the land along the south shore of the York River, including what is now Camp Peary, New Quarter Park, Cheatham Annex and the Naval Weapons Station. Between 1925 and 1929, the Chesapeake Corporation, a timbering and paper mill operation based at West Point, purchased three tracts of land south of Queens Creek, known as the Roberts tract, the Hubbard tract, and the Holcomb tract, totaling 814 acres. In 1927-28 it built the dam across the stream emptying into Queens Creek. This created a 58 acre lake, that it called Lake Chesapeake. It stocked the lake with bream, bass, and crappie and used the entire property as a hunting and fishing preserve for its executives. The existing farm house near the dam served as a lodge and was maintained by a caretaker. In the early 1930s, the Federal Park Service built the Colonial parkway as a reconstruction project after the great depression. This cut off some of the property but provided access to the road to the dam.
The Queens Lake Development Corporation
In 1950, the Chesapeake Corporation decided to sell off its preserve and it put the sale in the hands of Richard C. Benschoten, a local “Land and Estate” Broker. Mr. Benschoten, an avid fisherman himself, saw the potential of the land around the lake for home sites so he interested four other businessmen in going in with him on purchasing part of the Chesapeake property. They incorporated the Queens Lake Development Company on March 14, 1952, purchased 636 acres, including the lake for a total of $75,000 and renamed the lake “Queens Lake.” After cutting and selling pines and selected hardwoods to recoup half their investment, the Company platted some of the area that was suitable for development with the help of Vincent McManus, a surveyor and vice mayor of Williamsburg; provided for basic road access, electricity, and water; and set about selling the lots. Queens Lake was not developed all at one time, but rather in sections. As lots were sold in one section, a new section would be opened. The first section that was developed included the property fronting the west side of the lake. This was followed by the creek front lots near the dam. Two Williamsburg families and the President of William and Mary, who wanted an “out of town” home, were the first property owners. There are 19 sections (some being divided into subsections). By the time the Development Company dissolved in 1987, there were 547 lots. Potable water was a problem because the region lies on a thick layer of impervious clay so wells to tap into the water table had to be over 400 ft deep; thus, a contract was negotiated with the Sydnor Pump and Well Company of Richmond to drill two community wells, construct pump houses (adjacent to 210 West Queens Drive and 112 Montague Circle) and lay pipe to serve each lot. Since sewage was not available, each lot had to accommodate a septic field.
In 1961, Mr. Benschoten’s real estate and insurance business partner, Jim Carter, and two bankers bought out one of the owners’ interest in the Queens Lake Development Company. Shortly afterwards the Company purchased property at the end of East Queens Drive, and what was to become Sherwood and Allendale. Recognizing the value of waterfront lots, it hired Henry Branscome to build the dam to form Princess Pond.
Naming some of the roads after characters and places in the Robin Hood legend was the idea of Stanley Abbott, Superintendent of the Colonial National Historical Park who had been hired to help plan the roads and lots in 1961. At that time he also laid out a master plan for the recreation area. The National Park Service owned a road called the North Collector Road that paralleled the Parkway. In 1963 Mr. Abbott, arranged for the Park Service to make the collection road open to all public traffic, pending assumption of maintenance by the Virginia Department of Highways. That road was officially named Lakeshead Drive.
In the early part of the1960’s, over the objection of the Company and Queens Lake residents, Interstate Highway 64 was constructed through part of the property, leaving 33 acres cut off from the southwest corner. In 1965, the company sold the 21 acres of this portion west of West Queens Drive to York County for the construction of Queens Lake Middle School. As part of this deal, the County agreed to negotiate with the City of Williamsburg to provide water to the Queens Lake Development, connecting to the water pipes already installed by Sydnor. The wells were subsequently blocked off and the pump houses demolished.
When Dick Benschoten died in 1965, Jim Carter was hired by the Company to manage the development of Queens Lake.
The Queens Lake Community Association
From the beginning, Mr. Benschoten had in mind a community with the lake and other recreational amenities being available to all residents and eventually to be managed by the residents. Accordingly, the “Queens Lake Club” was incorporated on July 7, 1952 with the charter “To regulate and perpetuate the use of facilities provided by the Queens Lake Development Corporation ….” This was apparently modeled on a similar arrangement at “Smoke Rise,” a residential community in New Jersey. Mr. Benschoten became president and remained so until his death in 1965. The sales contract for purchase of a lot from the Company required that the new owner must be accepted as a member of the Queens Lake Club. Resident dues were set at $10 per annum. Standing committees for membership, building, finance and lake were established. At a special meeting of the Queens Lake Development Company on June 29, 1953, it agreed to deed the lake and surrounding land up to 2 feet above the high water mark to the Queens Lake Club, Inc. Shares of stock were issued to the partners of the Company on the basis of available acreage, with a share being issued to each new property owner as it was subtracted from the holdings of the partners. In this way, ownership of the assets of the club gradually transferred to the residents. In 1960 the Company deeded 11 acres of land on the east side of the dam to the Club and contributed $60,000 for recreational purposes including the construction of a swimming pool, two tennis courts, dock, and bathhouse. The first swimming pool was opened in 1961. Fees for its use were set at $50 per family.
In 1966, membership dues were $12 per year. Swimming fees were $65 for resident and $75 for non-resident families. In 1968, 200 families lived in the community and 143 lots remained to be sold. Jim Carter negotiated the purchase of the 54 acre Holloway tract (Bowstring, Shoreham, Cambridge, and Holloway) for $3,000 per acre. Because half the tract was still in open fields, Carter planted hundreds of pine seedlings to provide an eventual wooded cover in keeping with the rest of the neighborhood. There was some resistance to including residents of this area in the Queens Lake Club, partly because of perceived overcrowding of the existing swimming pool. The Development Company offered to provide 30% of the cost of constructing a second pool in return for admitting this tract into the community and the members of the Queens Lake Club agreed.
In February 1969, Major General Briard Johnson was elected the first president of the Club who was not a principal of the Development Corporation. He was a strong proponent of the philosophy that individual amenities of the club (Pool, tennis courts, marina) should “pay for themselves.” The initiation fee was raised to $160 for new lot purchasers. Swimming fees were $75 for resident and $110 for non-resident families. The second pool opened on May 30, 1969. The By-Laws were revised to provide for one share of stock for initiation fees paid. All previous stock was cancelled and a new issuance of stock certificates was made.
Over the years the Club maintained the two pools and bathhouse, expanded the original two tennis courts to four, enlarged the marina from a landing on the creek to the present configuration of outside and covered slips as well as a launching ramp, and in 1980 constructed a clubhouse. In 2001, the original pool overlooking the creek was demolished and a new six-lane pool was constructed.
One of the original standing committees was the “Building Committee” which was to ensure that construction and subsequent modification of houses conformed to certain standards. As an example, minimum living space areas were established for single and multiple story houses. Conformance to the standards was enforced under threat of loss of privileges. Over time, new construction dwindled, and the Building Committee ceased to exist as a standing committee. The By-Laws provide for the appointment of a Building Committee if an occasion demands it.
Jim Carter sold the last lot owned by the Queens Lake Development Company in 1985 and he vacated his seat on the Queens Lake Club Board of Directors in 1986. The Queens Lake Development Company was dissolved on September 1, 1987.
Since the early 1960’s, one Saturday each year has been set aside as “Queens Lake Day.” Since the bicentennial in 1976 it has been held close to the 4th of July. Typically, there is breakfast in the clubhouse and the festivities are started by a parade along East Queens Drive to the recreation area led by the County Sheriff and followed by fire and ladder trucks, sirens blaring. Most years there is a theme, and the marchers and bicyclists dress accordingly. Scouts raise the flag and the QLCA President makes a welcoming speech. The rest of the day is devoted to sports events, friendly competitions, and children’s games. In the evening there is a community picnic around the pool and dancing to a live combo.
A periodic newsletter providing updates on community activities and issues of concern to residents has been published since the early 1970’s. In addition, the club house has been used for hundreds of community functions, social events, and educational activities.
Over the years the Club has represented the residents of Queens Lake in a number of controversial issues, including: a proposal to construct high-density housing on a portion of the property; a proposal to construct a highway crossing of the York River adjacent to Queens Lake; a proposal to develop a golf course in New Quarter Park; noise abatement along the I-64 corridor; repair of the road across the dam following storm damage; and, more recently, upgrade of electric and water supply, and installation of a county sewage system.
In 1995, the Board decided to contract for a Facilities Condition Survey and a plan to maintain and improve Queens Lake Facilities over the next 10 years. The survey was conducted by the DeYoung-Johnson Group, Inc and addressed the clubhouse, pools, marina, and tennis courts. The resulting report, referred to as the DJG report, projected expected expenses for the ten year period. It noted that the main swimming pool had deteriorated and was in need of extensive repair. On the basis of this report, the Association voted to increase maintenance dues to provide for expected expenditures. In the spring of 1997, a survey of members was conducted to ascertain the interest in maintaining the swimming pool complex and later that year the DJG prepared a report outlining three options for it. In 2000 the membership voted for the option to replace the pool and agreed to borrow some of the money required to do so rather than use reserve funds set aside for other purposes. The dues were raised by $100 per year to cover this expense.
In 2002, under its then president, Don Tortorice, a new class of membership was proposed. In return for signing a restriction on their deed, binding them and all successive owners of their property to membership in the Club, the owners of a Queens Lake property could join with only a nominal stock purchase fee and be charged reduced maintenance dues (Whereas a “traditional member” paid $1,000 stock purchase fee upon joining and $310 per year in dues, a “deeded member” would pay $100 stock purchase fee and $250 maintenance dues.) The Board pledged that they would not file any of the deed restriction documents until 130 had been received. This number was surpassed in 2003, and the deed restriction documents were filed. This duel class system is still in effect and appears to be working quite well. The dues have been constant under this arrangement for four years. Currently, out of 347 members, 190 are “deeded.” Under the deed restriction program, the association retains 100% of owners of “deeded” properties, so this will gradually raise the overall retention rate and provide a solid base of permanent members to maintain the common property.
At the annual meeting of 2003, the name, “Queens Lake Club, Inc.,” was changed to the “Queens Lake Community Association, Inc.” in order to emphasize its role as a guardian of the common property and representative of the residents — and to avoid the connotation that it was merely a social organization. The articles of incorporation were changed to reflect the new name in early 2004.
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