Regrettably, the Woodmore HOA Board continues to misinform the Woodmore community about the nature and underpinnings of the disputes with the Club. While the HOA claims to be acting now in the community’s best interests with respect to these disputes, the fact is nothing could be further from the truth.
What has transpired?
As previously explained, the HOA has been on notice since Sept. 5, 2023 of the Club’s intention to pursue legal action as a result of the HOA’s unreasonable imposition of exorbitant new “gate” fees. The state court lawsuit was filed on Sept. 13, 2023 to halt the HOA’s deactivation of the Club’s gate cards; and subsequently, on Oct. 17, 2023 a formal notice was tendered to both the HOA and Prince George’s County announcing the intention to file a separate lawsuit specifically directed to the gate’s legality. This notice was sent on behalf of the Club as well as the two plaintiffs who filed the federal lawsuit.
Why was a federal lawsuit filed?
Both Sara Arthur and Greg Wells, attorneys for the HOA, were repeatedly informed that the federal lawsuit would be filed concerning the gates in December 2023, but that the Club remained open to negotiating a global resolution of all disputes between the parties. The federal lawsuit was filed on Dec. 22, 2023 and is linked below. On Dec. 29, 2023, Mr. Wells emailed an attorney for the Club and terminated settlement negotiations. (Note: Unfortunately, this is a familiar technique, as it’s the same unproductive move the HOA’s representation employed when the parties were negotiating the Level Loading issues.)
What is the Club doing to improve relations?
Contrary to the HOA’s claims, only the Club has made an effort to improve relations between the parties, and sadly, to no avail. For example, even with the pending disputes, the Club recently went above and beyond in hosting the Woodmore community’s Annual Holiday Party on Dec. 14, 2023. In fact, although the Club had no obligation to do so, the Club generously reallocated unused funds set aside for Community Day to the Annual Holiday Party, so that the Woodmore community could have an amazing festive event at little, if any, out-of-pocket expense to the HOA and community residents.
Why has the Club not presented at HOA meetings?
Contrary to the HOA’s claims, Club management would welcome “open lines of communication” with the HOA, including the opportunity to share and discuss items of mutual interest and concern at HOA meetings. Unfortunately, the HOA Board has been unwilling to extend any such invitation, and requests by Club management to participate in HOA meetings have been summarily refused by the Board.
Let’s think about this for a moment: Do you really believe the Club would decline an opportunity to address the community at HOA meetings and share our positions and concerns?
How can I separate the facts and learn the truth?
The Woodmore HOA resorts to unoriginal corporate tropes about foreign interests and greedy companies that “value profits” more than people, in a blatant attempt to inflame passions and distract the Woodmore community from the real issues at hand, including the Board’s unreasonable conduct, conflicts of interest, and waste of the community’s money.
The Woodmore HOA Board solicits your blind support, while continuing to selectively omit or conceal relevant facts and documents from you under the guise of “confidentiality.” Again, you deserve to know the truth, but you also deserve better than to be so misled by those elected to represent your interests.
The HOA’s claims simply do not have the ring of truth and, in fact, are not true.
The Club is committed to transparency and sharing the truth, the whole truth, and nothing but the truth with the community. For your review, additional documents referenced herein are openly linked below.
We trust that with the Club’s ongoing commitment to open communication, you will see through the Board’s tactics. And that’s why we invite you to make your own decision about who is telling the truth based on these documented facts, and not empty tropes and misleading statements.
Concert Woodmore is the owner-operator of the Country Club at Woodmore. We created this website to inform you of pending legal disputes between the Club and the Woodmore HOA that will have an impact on the Woodmore community.
The purpose of this website is to share documented facts with you, as we are aware of reports of misrepresentations, false statements, half-truths, and omissions that are being circulated among the Woodmore community.
You deserve to know the truth.
1. What happened? The HOA demanded more than $240,000 from the Club to use its gate cards.
Since 2018, pursuant to a 2017 Settlement Agreement between the Club and the Woodmore HOA (which was renewed in 2022), the Club has paid the HOA a one-time activation fee of $35 per card for gate access cards for the Club’s members and employees. To date, approximately 400 gate cards have been issued to the Club.
On Labor Day, Sept. 4, 2023, the Woodmore HOA sent an astonishing letter to the Club implementing a new fee structure for the Club’s gate access cards.
· Under the new structure, the HOA would charge the Club an administrative fee of $50 per card per month along with a $100 activation fee per card.
· With approximately 400 gate cards already issued to the Club (and for which the Club already had paid the activation fee of $35 per card), the new charges threatened by the HOA would total approximately $20,000 per month ($240,000 per year).
· The HOA made this exorbitant fee effective some 11 days later on Sept. 15, 2023.
· If the Club refused to pay these new fees, the HOA would deactivate the Club’s gate cards. This would result in traffic backup onto Woodmore Road, creating a serious health and safety issue for the Woodmore community and surrounding area.
2. How did the Club respond?
On Sept. 5, 2023, the Club’s attorney objected to the new fees and the HOA’s threatened deactivation of the Club’s gate cards.
The Club’s attorney expressly warned the Woodmore HOA that it was required to provide free and easy access to Pleasant Prospect--which is a public road.
· If the HOA refused to retract the new fees, effectively denying free and easy access to Pleasant Prospect, the Club would pursue legal remedies to ensure access for its members and employees.
· By law, this includes seeking the removal of the gates and gatehouse, since Pleasant Prospect is a public roadway.
The Woodmore HOA refused to withdraw the new fees. As a result, the Club was compelled to file a lawsuit against the HOA seeking a temporary restraining order (TRO) precluding the HOA from deactivating the Club’s gate cards.
· To avoid a hearing on the TRO, the Woodmore HOA agreed to temporarily halt deactivation of the Club’s gate cards during the pendency of dispute resolution procedures between the parties.
· On Oct. 17, 2023, an attorney for the Club and two private citizens notified Prince George’s County and the Woodmore HOA of their intent to file a lawsuit against the County and the HOA concerning their unlawful agreements denying free and open access to Pleasant Prospect.
· The federal court lawsuit will be filed in December 2023.
3. What’s at stake?
The future of the western and eastern gates on Pleasant Prospect, as well as the gatehouse and the presence of guards, since the legality of their presence on a public road are all in significant question.
· The Woodmore HOA is required to indemnify Prince George’s County for any legal fees and damages the County has to pay in connection with the dispute concerning the gates and gatehouse.
· The Woodmore HOA is potentially on the hook for hundreds of thousands of dollars in legal fees.
4. What is the Club’s position?
Ever since Concert Woodmore acquired the Club’s assets 11 years ago, the Woodmore HOA has repeatedly attempted to weaponize the gates and gatehouse against the Club. At times, the gatehouse guards have selectively denied entry to Club members or delayed Club members and guests from entering Pleasant Prospect by subjecting them to intrusive interrogations.
After more than a decade of tolerating this and other conduct at the behest of the Woodmore HOA, we have finally reached our breaking point and believe that judicial intervention is warranted.
1. What happened?
On March 26, 2023, the Club notified all Woodmore Country Club members of its implementation of a $40 per month Level Loading Fee to replace the Club’s 22% service charge on a la carte dining purchases.
Level Loading Fees allow the Club to pay competitive wages year-round to the Club’s front of house staff and thereby retain qualified staff. Prior to Level Loading, the service staff would make a competitive hourly rate during peak season, but that amount would fluctuate greatly during the offseason—and if there were not a large tournament or event, the staff would hardly make anything in terms of service charges and additional tips. As a result of the inconsistency in wages, the Club would lose valuable staff. With Level Loading, the hourly rate paid to service staff is the same all year and averages higher than what was paid in service charges the prior year. This Level Loading rate combined with the staff members’ regular hourly rates (which far exceed the state minimum wage rate for tipped employees) allows the Club to pay a consistent competitive wage the entire year and improve employee retention.
· On April 28, 2023, the Club received a letter from the Woodmore HOA’s attorney Sara Arthur objecting to the Level Loading Fee on behalf of all HOA residents.
· Ms. Arthur later “adjusted” her objection to include only HOA residents with social memberships in the Club (approximately 80 to 85 residents).
· After several discussions between Ms. Arthur and the Club’s attorney over a period of weeks, in July 2023 Ms. Arthur ended negotiations with the Club’s attorney after an HOA Board Member was suspended from the Club for nonpayment of the Level Loading Fee.
· Ms. Arthur stated that the HOA wanted to proceed with formal mediation and arbitration. Mediation was held on Nov. 10, 2023. Arbitration is scheduled for Dec. 15, 2023.
2. What is the Club’s position?
The Club’s position is that Level Loading Fees are not dues, and there has been no violation of the Settlement Agreement.
The Settlement Agreement states: “[e]xcept as otherwise provided herein, all other terms and conditions of membership shall remain in effect.” Such terms and conditions include the right of the Club to require payment from all members of other fees and charges as it may establish from time to time, together with applicable sales or other taxes.
3. What is the HOA’s position?
The HOA claims that the Level Loading Fee violates a provision in the 2017 Settlement Agreement with the Club, which capped the dues of Woodmore HOA social members at $135 per month.
4. Why can’t this matter be amicably resolved?
The Club negotiated in good faith with the HOA until discussions were ended by the HOA’s attorney Sara Arthur. In fact, while mediation and arbitration were being scheduled, the Woodmore HOA sent the Labor Day letter notifying the Club of the outrageous new gate card fees it intended to implement the very next week. We believe these fees were in retaliation for the Club’s Level Loading Fees.
In short, a dispute about 80 to 85 HOA social members paying $40 a month has morphed into litigation that may cost the HOA hundreds of thousands of dollars in legal fees and may result in the removal of the Woodmore gates and gatehouse.
· The Woodmore community should know that the Woodmore HOA was placed on notice of possible conflicts of interest in their handling of this matter. Specifically, on Oct. 23, 2023, an attorney for the Club sent a letter to Sara Arthur questioning conflicts of interest of the Woodmore HOA Board (half of whom stand to personally benefit should Level Loading be disallowed).
· It is unclear to us how the HOA justifies using the entire Woodmore community’s money to oppose Level Loading on behalf of 80 to 85 residents (approx. 21% of the Woodmore community).
5. What’s next?
An arbitrator will determine whether the Club had the right to impose Level Loading Fees on Woodmore HOA social members, and whether the Woodmore HOA had the right to impose the new gate card fees on the Club.
A federal judge will determine whether the gates and gatehouse must be removed.
Concert Woodmore is greatly disappointed that these events have created a situation that is untenable and left us with no choice but to pursue legal action.
In the spirit of transparency, we have attached all of the documents referenced above to this site so that the community can review what has transpired.
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