UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

Alexandria Division

IN RE: Shrilly Ann Ginwright CASE NO. 20-10872 KHK

Debtor Chapter 13

OBJECTION TO CLAIM #12

COMES NOW Debtor, by counsel, to Object to Claim #12 filed on behalf of the Oxford

Station Townhouse Association (“Oxford Station”) in the above numbered case. Debtor objects

to Claim #12. That claim is not supported by sufficient evidence as to its validity and claimant’s

standing to file it. Claimant hasn’t elected Directors at a homeowners meeting having a quorum

since, at least, 2005, as required by its By-laws.

Debtor purchased a house in Oxford Station in February of 2005. Since 2007 Ms.

Ginwright has complained that Oxford Station Townhouse Association was not operating in

accordance with its CCR’s and bylaws. She has raised the issue of the need for quorums at HOA

meetings. She has attended election/annual meetings of the association the few times that she has

received notice of the meetings. She has complained orally at the few HOA meeting that have

been called. She has complained in writing to the entire community. To this date her complaints

and her requests for records have been ignored.

Ms. Ginwright and her tenants have been retaliated against by the HOA because of her

complaints. Claim #12 is for $6,666 and includes a charge of $3,445 on June 11, 2019 (top of

page 11 of 24 poc) for “NON JUDICIAL FORECLOSURE.” Just prior to the foreclosure

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auction and her filing of the instant petition, she was told by Equity Experts, an agent for the

HOA, that she would have to pay over $11,399 to prevent the foreclosure sale of her house.

1. A homeowner association whose members haven’ t elected directors and

officers in accordance with the association’ s bylaws has no one with legal authority

to: increase assessments, create ancillary charges, place liens on homes, foreclose

on liens and file proof of claims.

The “assessments” and associated charges in the proof of claim were levied by a Board of

Directors that had not been validly elected by the members of the association. The bylaws of

Oxford Station Townhouse Association requires that Board Directors must be elected by the

members each year for a term of one year.1 There hasn’t been a meeting of the members/

homeowners having the necessary (30%) quorum2 since, at least, 2005. Consequently, the claims

of Oxford Station Townhouse Association, including this Claim #12, are ultra vires and without

legal effect since no legitimate Board of Directors and officers had any authority to make Claim

#12.

To be clear: We do not argue that the homeowner association is now defunct nor do we

argue that all of its transaction are void rather than being voidable. It is sufficient that we make

clear that Oxford Station can not act against the debtor to increase assessments, create ancillary

charges, places liens on her house, attempt to foreclose on her house and file a proof of claim.

2

2 Such annual meetings and a 30% quorum are required by Article X of the bylaws, Section 3 and

4 (page 10)

1 Election of Board Directors Article V of the Association Bylaws (page 4) “Section 2. Election.

At the first annual meeting the members shall elect three directors for a term of one year, and at

each annual meeting thereafter the members shall elect three directors, each for a term of one

year.”

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2. The Declarations of Oxford Station Townhouse Association also limit the

ability of the Board of Directors to increase assessments and create ancillary

charges on the homeowners.

The fees assessed against the debtor are far higher than permitted under the original

Declaration of Covenants. The original Declaration of Covenants, which established the

association in November of 1974, stated an initial assessment charge of $120 per year per lot.

Under the Declaration, a properly elected Board of Directors still must have, at least, a 30%

quorum of the homeowners members to raise the assessment fee. No increase of fee assessments

greater than 3% can be made without a meeting of the members without having a quorum of 60%

or 30%3 (see below) for changing assessments. As said previously, there haven’t been any

member meetings to elect Directors or to change assessments having a sufficient quorum since, at

least 2005 4. Without a membership with a quorum, the assessment fee can not go from $120 to

the present $430 a year.

3

4 At a meeting in 2006 that did not have a quorum, the debtor complained about the HOA not

having elections. To placate her she was appointed “President” by someone. When she continued

to demand records and elections, she quickly received a letter that she was “terminated” as

president. Thereafter, she wrote a letter to the entire community detailing many of her complaints.

3 Article V Section 3 Declaration of Covenants (page 7) and Section 6 (page 8) for special

quorum rules for changing assessment dues. In addition, Article XII of the Bylaws, Section 3

(page 13) requires a 2/3 vote of the members to increase assessments by more than 3%. And

Section 6 of the Bylaws (pages 14 -15) requires a quorum of 60% (or sometimes 30%) at such a

meeting.

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Article 12 Section 115

 of the Bylaws demonstrates the degree of intention that procedural

cautions would prevent the Association from putting liens with unreasonable charges on the

homes in the community.

Quorum. In order to take action under Articles VIII through XIII of the Articles of

Incorporation and Article XII, Sections 3 and 4 of these By-laws, there must be a duly

held meeting. Written notice setting forth the purpose of the meeting shall be sent to

all Members not less than twenty-five days nor more than fifty days in advance of such

meeting. At such meeting, the presence of members or of proxies entitled to cast sixty

per cent of all of the votes, in person or by proxy, of the Class A membership shall

constitute a quorum. If the required quorum is not forthcoming at any meeting,

another meeting may be called, subject to the notice requirement set forth above, and

the required quorum at any such subsequent meeting shall be one-half of the required

quorum at the preceding meeting.

3. The underlying proof of claim is unreasonable and insufficient

Charges for such items as: post-outreach lien enforcement, escalated debtor outreach,

extended outreach, debtor outreach are unreasonable as they are not supported by anything more

than internal computer entries and appear to have been “gun decked.” Even if we assume that

unelected individuals without lawful authority can file a proof of claim in this case and that

assessment fees and ancillary charges are lawful, claimants charge of $3,445 on June 11, 2019

(top of page 11 of 24 poc) for “NON JUDICIAL FORECLOSURE” is particularly unreasonable

and is not supported by any documentation that funds were spent. An item representing about half

of the proffered claim should not simply be buried near the edge of page 11 of a voluminous

printout. A modicum of respect for the Court and the debtor required some highlighted disclosure

along with supporting documentation.

4

5 Bylaws of the Association, page 16

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This supposed nonprofit has become a machine for imposing charges, liens and

foreclosures on homeowners. Homeowners need to be able to use their ballot to prevent

unelected directors and managers from actions not supported by the community. The debtor and

others have been angry over this abuse over many years. Homeowner questions about the

legitimacy of the board have been snubbed. The CCR and the bylaws have been forgotten and

ignored. The law has been used as a spear to harm the homeowners and take their property

without Judicial review. Equity requires that claims brought by persons with “unclean hands” be

denied.

WHEREFORE Debtor prays that Claim #12 be dismissed, that the claimants liens and

judgments be considered void as having been obtained by persons who have no authority to

represent Oxford Station Townhouse Association and that claimant be held responsible for

Debtor's attorney fees and costs in this matter.

Respectfully submitted,

/s/ Barry Weintraub

Counsel for Debtor

Barry Weintraub

Attorney at Law

32 Hayes St.

Stafford, VA 22556

540-658-9980

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CERTIFICATE OF SERVICE

I hereby certify that I have this June 21, 2020 served via the CM/ECF system or sent by

first class mail a true copy of the foregoing Objection to Claim and Notice of the Objection to the

following parties.

/s/ Barry Weintraub

Thomas P. Gorman, Esq.

300 N. Washington St., #400

Alexandria, VA 22314

Chapter 13 Trustee

Equity Experts

2391 Pontiac Rd.

Auburn Hills, MI 48326

Oxford Station Townhouse Association

c/o Association Management

101 Sunningdale Dr

Stafford, VA 22556

John R. Griffin,

P.O. Box 1295

129 E. Davis Street, Suite 240

Culpeper, VA 22701

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AFFIDAVIT 

My name is Shirley Ginwright. I am the debtor in case 20-10872 KHK. I purchased a 

house at 1227 Thomas Jefferson Place, Fredericksburg, VA 22405 in February of 2005, as rental 

property. 

In October 2005, I attended my first HOA Annual meeting for Oxford Station Townhouse 

Association. There were seven people in attendance, including myself. They held an election, 

even though there was no quorum. 

In October 2006 there was a meeting, but no quorum. Very few people came. However, 

an election still took place. I was elected President. Other positions were the secretary and 

treasurer. In November of 2006 I went to my first meeting with the officers and those who were 

Board members. I requested that I be allowed to see all of the records of the HOA. I was told that 

the records would be obtained. I never saw them. 

On February 23, 2007 I received an unsigned letter from the "Board" stating my position 

on the Board of Directors and as President had been terminated by a majority of the Board. There 

was no previous notification of a Board meeting 

In March 2008, the HOA sent a message informing the homeowners there was an 

election and the Board of Directors had been elected for "three" years. The bylaws require an 

annual election and notice. I got no notice of a meeting. 

September 2009 HOA meeting was cancelled. No election was held. Between 2009 and 

2015, I didn't attend any meeting during this time and not sure if there were notices to elect 

officers or who had been elected. There was notice of a scheduled meeting in 2016. I did not 

attend and there was nothing sent to homeowners pertaining to election results. 

A meeting was held on November 30, 2017. It was rescheduled to December 17, 2017 

due to lack of quorum. The December 17, 2017 meeting, I was told by Ms. Jackson, also did 

not have a quorum. A meeting was held on December 11, 2018. Ms Jackson, a homeowner, 

informed me there was no quorum. Meeting was to be rescheduled but was not. If it was, I was 

not notified. A meeting was held on December 4, 2019. A notice was sent to me, that there was 

no quorum and it would be rescheduled. If it was, I was not notified. 

I hereby declare under the penalty of perjury pursuant to 28 U.S.C. §1746 that the foregoing is 

true and correct, to the best of my knowledge. 

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