VIRGINIA:
IN THE CIRCUIT COURT OF THE COUNTY OF CHESTERFIELD
[ENTER NAME]
Plaintiff
vs.
[ENTER NAME]
Defendant
Case No. [ENTER CASE NUMBER]
BILL OF PARTICULARS
COMES NOW Plaintiff [ENTER NAME], as and for a bill of particulars in response to the
Court Order dated [ENTER DATE], states as follows:
- A detailed outline of each and every act and/or omission, which the Plaintiff
alleges in the instant action.
ANSWER:
a) The Cameron Bay Homeowner’s Association (herinafter referred to as Cameron
Bay or Cameron Bay HOA) have maintained numerous nominations with some names being
submitted repeatedly. It also appears that none of the individuals whose names were submitted
took place in a meeting of quorum by members entitled to vote. (Va Code 13.1849).
b) Further, certain nominated individuals, who were repeatedly nominated, failed to
win the vote in the Elections. However, without proper or adequate notice or authorization from
all the general de facto partnership of lot owners, the said individuals filed Annual Reports and
Reinstatement Paperwork (Exhibit A). (Va Code 13.1-811) (Va Code 13.1-812).
c) Mr. J or Patrick Porter, one of the former nominated individuals who failed to win
any of the elections, signed a contract for the company ACS West Inc, in the position of Vice
President.
d) Besides, it appears that ACS West Inc via usurpation took over the Cameron Bay
Association on October 1, 2015. The foregoing was done without proper or adequate notice or
authorization from all of the general de facto partnership of Lot Owners.
e) Papers for Reinstatement were obtained and were forwarded to Mr. Adams, who
is a former nominated President during Mr. J or Patrick Porter nomination. Mr. Adams provided
a letter to the Company ACS West Inc. stating, “That I was not a current board member or
member at all and I would not submit any forms on their behalf.” (Exhibit B). Therefore, the
Company ACS West Inc had no right to rely on or believe Mr. J. or P. Porter. Further, a contract
would not bind the general de fact partnership of lot owners of the Cameron Bay Neighborhood
if it was made by an individual lot owner without a signature and without showing proper
witnesses with visible notarization. The lot owner must win the nomination and obtain proper
and adequate authorization. (Exhibit C). The contract was provided after filing a Freedom of
Information Request to Department of Professional and Occupational Regulation Office.
f) As a general de facto partnership of Lot owners, no adequate proof has been
provided that the qualified voting members held a meeting, met quorum to vote for successors or
anyone in any capacity prior to any termination; or to file any Reinstatement document with
proof of quorum certification which can’t be backdated. It appears the Company ACS West Inc,
continues to use the names of individuals who failed to win their Elections in a meeting of
quorum of the members entitled to vote with proof of quorum certification which can’t be
backdated and is to be maintained in the records to justify actions taken on behalf of the alleged
Cameron Bay Homeowners Association. It also appears efforts were made to change quorum
without meeting quorum. Further, it appears other listed names on Annual Report weren’t aware
their names were being used or listed. (Exhibit D).
g) The Plaintiff’s then filed a Petition for Judicial Review of election records under
VA code 13.1-861 and a motion for judicial dissolution of a non-stock corporation under VA
code 13.1-909 in the Richmond Circuit Court. The case was filed at the Richmond Circuit Court.
h) The Defendant was subsequently served with both petition and motion by the
Plaintiff. However the Defendant failed to file a timely answer under VA Supreme court Rule
3:8.
i) Defendant then filed an untimely response to all the Plaintiffs pleadings and a
motion for change of venue.
j) The Judge transferred the case to this court. Plaintiff now files the instant Motion
to seek for a transfer of this case back to the Richmond Circuit Court.
k) On or about [ENTER DATE], the Court made an Order granting the Bill of
Particulars.
- The law(s) on which Plaintiff bases the allegations against the Defendant.
ANSWER:
a) Va Code 13.1849.
b) Va Code 13.1-811.
c) Va Code 13.1-812.
d) VA code 13.1-861.
e) Va. Code § 8.01-257.
f) Va. Code § 8.01-262(3).
g) Va. Code § 8.01-265.
h) VA Code § 13.1-909
i) Va. Code § 8.01-264
j) VA Supreme court Rule 3:8.
k) Norfolk & W. R. Co. v. Williams, 239 Va. 390, 394, 389 S.E.2d 714, 717 (1990);
Littleton v. Norfolk S. Ry. Co., 87 Va. Cir. 333, 334 (Va. Cir. Ct. 2013); Norfolk & W. Ry. Co. v.
Williams, 239 Va. 390, 394, 389 S.E.2d 714, 717 (1990); Piper Aircraft v. Reyno, 454 U.S. 235
(1981); Champigny v. Bayly, 55 Va. Cir. 381, 382 (Norfolk 2001); Kollman v. Jordan, 60 Va.
Cir. 293, 294 (Chesterfield Cty. 2002).
- The evidence Plaintiff shall use in the action.
ANSWER:
a) Exhibit A (Annual Reports and Reinstatement Paperwork prepared without
adequate notice and proper authorization).
b) Exhibit B (Mr. Adams’s letter to ACS West Inc.)
c) Exhibit C (Evidence that a lot owner must win nomination and obtain proper and
adequate authorization).
d) Exhibit D (Evidence that some individuals whose names were used in the Annual
Report, were not aware that their names were so used. - What relief the Plaintiff is seeking.
a) The plaintiff requests that this court Order the Cameron Bay homeowner’s
association to provide any elections records that may have in their custody for review of the
elections from 2008 until current to see if they were ever elected according to quorum
requirements by the members of the Cameron Bay homeowners association. As outlined in the
Virginia Code 13.1-861 titled, “Judicial Review of Elections”, Plaintiff contests the alleged
elections of those listed in Annual Reports from 20008 to the current time; including include
each Officer, Board of Directors, and quorum certificates (which can’t be backdated). Plaintiff
requests this Honorable Court to require the production of any and all applicable information.
b) Plaintiff requests this Court issue an order granting the Plaintiff’s Motion for a
Change in Venue.
c) Plaintiff requests this Court issue the appropriate order to restrain any person from
exercising the powers of such Contractors, Officers or Directors.
d) Plaintiff firmly believes that the defendant will not be able to provide proof that
they were ever elected by members and therefore asks this court to dissolve the corporation as
asked in the motion for dissolution.
e) Plaintiff requests this Court grant any such relief that is equitable or as
circumstances may warrant.
DATED: __
Respectfully Submitted,
[ENTER NAME]
CERTIFICATION OF MAILING
Plaintiff affirms that a copy of the above Bill of Particulars was served upon the Defendant to
this action by electronic and/or U.S. mail to their respective addresses as stated below:
[ENTER ADDRESS]
DATED: __
Respectfully Submitted,
[ENTER NAME]
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