2nd Bay Creek Letter Clarifies (?) Deadline for Response


January 9, 2014

The Wave published January 7 a copy of a letter mailed to Bay Creek property owners from their Community Association regarding a proposed settlement between the Association and Paul and Robert Galloway. (Click here for story.) The letter informed property owners that “All objections [to the settlement] must be received within 30 days of the date of this letter.” But the letter had no date.

A followup letter from the Community Association dated January 2 advises Association members that:

“On December 18, you were provided a Notice of Settlement pertaining to cases pending in Virginia Beach Circuit Court. Please note that any objections to the settlement must be received by the Association before January 17, 2014.”


A Bay Creek property owner who received the first letter reports it was postmarked December 18, but was not received at his out-of-state residence until the following week. Even if letters were somehow received the same date they were postmarked, the deadline of “before January 17,” i.e. January 16, is 29 days after December 18.

The second letter may be read by clicking here.



3 Responses to “2nd Bay Creek Letter Clarifies (?) Deadline for Response”

  1. Steve Downs on January 9th, 2014 1:59 pm

    Guaranteed that first letter was intentionally not dated. The usual. . . .

  2. Jack Richardson on January 9th, 2014 7:12 pm

    How can January 16 be 29 days after January 18? Cape Charles Magic?

    Fixed, thanks. Yes, it’s that old Cape Charles magic — see the last 2 paragraphs of the following story for another example: http://capecharleswave.com/2013/03/analysis-judge-dismisses-old-school-lawsuits/ (The deed was subsequently re-registered.)

  3. Kathleen Kurgan on January 17th, 2014 9:44 am

    I do not know how these letters could be considered “proper legal notice.” The very worst part of this is the use of legal terms that it takes a law degree to fully comprehend. All the claims in the massive lawsuit may be tied in to this settlement because the Complaint asserted several counts derivatively on behalf of the association members against the directors of Bay Creek HOA. These complaints will be dismissed “with prejudice,” which means that they cannot be brought against the defendants again in a civil matter. The homeowners were not the plaintiffs directly, but we may be being tied in without full disclosure or knowledge of all the claims.

    I went to Virginia Beach Circuit Court January 16 to get a copy of the final settlement, and the clerk said the entire file had been checked out by an attorney. The attorney was not named in her records nor was there a date when the file would be returned. I would think that it would be customary to sign in and out when you take an entire file of a settlement. The Clerk of the Circuit Court’s office is not answering the phone so I still do not know if the file has been returned as of 9:40 a.m. Friday, January 17.