The online meeting place and marketplace for Lansdowne, VA
Attached is a PDF file containing the summary judgement. It specifically states:
"For the reasons discussed below, the Court concludes, as a matter of law based on undisputed facts, that Lansdowne HOA has standing to challenge the contractual arrangements in place for video programming services, that this action is not time barred, and that the Exclusivity Order prohibits OpenBand from acting as the exclusive provider of video programming services to the Lansdowne community. The Court will therefore enjoin the defendants from enforcing those contractual provisions in place between the parties for that purpose."
"For the above reasons, the Court concludes as a matter of law based on undisputed facts that the contractual arrangement in place between LansdowneHOA and OpenBand, including the TSA, the CC&Rs, and the exclusive easement, contains contractual clauses that grant to OpenBand the exclusive right to provide wired video programming services to Lansdowne residents and that such clauses violate the Exclusivity Order. Accordingly, the Court declares those provisions "null and void" to the extent of any such exclusivity and it will enjoin the defendants from enforcing those contractual arrangements for the purpose of allowing OpenBand, Multimedia, or M.C Dean to continue providing wired video programming services on an exclusive basis to Lansdowne residents."
So what does this mean? In summary, Openband cannot prevent us from finding another company to provide video services in Lansdowne. The reality of that is still quite complicated and there are other agreement provisions that remain in effect. We should expect Openband will negotiate seriously with our HOA to avoid further losses in state court - diminishing their position further.
Thanks should go to the entire current board for pursuing this in all areas. Some spoke at the recent BOS hearing and their words were appreciated.
Special thanks should go to the two board members (Nancy and Robin), whose addition in 2012 allowed this to get started. They pushed for action against what were difficult odds and unreasonable opposition. The community's decision to elect them - largely based on taking this action - has been vindicated.
I trust the board will continue down this correct path in any negotiations or further actions at the state level.
There seems to be some problem with the attachment from my end. If it doesn't work, perhaps the administrator can fix it or I am sure it will be posted shortly by the HOA on the HOA site.
One other point to note is that there has been no dues increase or special assessment to support this and the return on investment for residents will be very high at the end of the day.
"It is inaccurate and misleading to conclude at this time that there will be a high rate or any return on investment."
Larry was part of the original board that originally inappropriately resisted this action, requiring the election of Nancy and Robin to even start looking into the matter seriously. I appreciate them working towards success now, but it is inappropriate to mischaracterize my statement regarding the potential benefits to residents and the return on investment to the association and to individual homeowners. It was NOT inaccurate or misleading.
We could discuss the math in here if any would like, but residents should go back through the archives of Lansdowne Living to see the numerous incorrect or misleading statements regarding Openband made by board members elected in the 2009 cycle (and prior). My posts on this subject still stand as accurate and - now - vindicated. Whether it is the general legal options or the previous BOS denial of the franchise, what I have posted here has come to be seen as accurate. The same with the future return on investment. My statements are made from the position of a thorough reading of all applicable federal, state and local law, all legal opinions, the available commercial data, and all agreements. It is unlikely that certain board members have read all of the documents.
While I cannot absolutely predict the future - obviously - it would seem that all the current board members also agree that the potential return and risk/reward is high enough to continue action. Residents should be encouraged with the progress and the board should not undervalue the potential returns.
This process may continue into 2013 and it is important that we elect 2 board members in the fall who are committed to continuing to pursue a fair situation for residents vis a vis Openband.
Thank you for taking the time to comment at the last BOS meeting on Openband.
All of my posts are based on facts and knowledge. Not supposition. You are being contrary just for the sake of being contrary and it is unbecoming. You (and other board members) do not have access to special knowledge and you cannot imply such a thing as a reason not to listen to reasoned analysis and commentary.
You have forgotten I have been heavily involved in this effort since the beginning. You seem confused again. Perhaps you can look back through your 2009 emails and posts here and it will help you remember the facts.
I may just run for the board if I don't hear of good candidates intending to run. Will you endorse me? I mistakenly endorsed you when you ran. Perhaps you can return the favor. :-)
An article is up in the Loudoun Times and quotes Jeff Chapman:
“The HOA is extremely pleased with the court’s decision declaring OpenBand’s exclusivity unlawful. Yesterday’s decision is a significant milestone in the HOA’s efforts to unravel OpenBand’s anti-competitive and unconscionable scheme,” Chapman said.
Also an article up in Leesburg Today:
The privileged information you have is the opinions of the attorneys. They have access to the same facts and knowledge base as anyone else who reads the information. It is the same laws and cases. The same commercial data. So there is no special knowledge you have access to. Only opinions.
Are you claiming that the return on the investment will not be high if we prevail in eliminating Openband's monopolistic control and eliminating the more onerous terms of the TSA? Hmmm.... So you voted for something you do not expect a good return on?
What was the basis of your vote to proceed then?
Again, you sound like you are just annoyed that I pointed out your previous resistance to action. Are you bothered that I pointed out Nancy and Robin's role in moving this forward? Do you not also credit them for their hard work in making the progress we have enjoyed? Seems petty. I complemented your recent statement at the BOS.
I suggest we agree that we are on the same side on this and that we both look forward to a positive outcome.
Larry, You may respond of course, but for the benefit of our shared goals vis a vis Openband, I am not going to continue to debate in here with you. You have my email if you want to discuss further.
Again, I will repeat what I have said a few times recently. The board is taking the correct actions now and I am happy with what they are doing and the results. That includes Larry. Pointing out the special contribution made by the election of Nancy and Robin does not diminish that Larry and John are now doing the right things.
We are now all on the same side on this issue. We should be happy about this victory and continue the efforts.
Just to clarify a fact. My resignation from the Openband sub-committee is completely documented in here. A reader only need go back in my post history to 2009. The reasons were never personal and were in summary because of the resistance of the board in general - and in particular John Whitbeck - to taking any kind of action against Openband beyond doing comps and discussing them with Openband.
That history is well documented in here and it is clearly due to a substantive disagreement on strategy as well as incorrect information being distributed to residents. Nothing personal. Specifically, I presented a strategy akin to what is now being followed and it was dismissed. Parts of that strategy are detailed in posts in here as I felt they were OK to make public at the time. Parts were in emails to the board.
In reviewing that same post history, no reasonable person could conclude I quit the effort. I quit that committee to actually start getting things done. With Nancy and Robin (before they were elected) and many other residents, we started actually working the issue. From the petition to the OVS hearings to the BOS hearings to the current Communications Commission, I and many others outside the board have been working on this for hundreds of hours as well.
It is too bad that Larry doesn't have the leadership skills to recognize with grace the contributions of many residents to this battle and seems to want to claim all credit solely to the board for some reason.
There are many residents like Kevin and pre-board Nancy and Robin and many, many others that all should be thanked for all the efforts they have put into this. Kevin was an inspiration as we worked with him in the original petition drive as he went door to door in Lansdowne while the board was refusing to even consider action.
Kevin and the others have all been an inspiration to me and they get my thanks for all that they have done to help. All Lansdowne residents who have taken the time to express their opinions to the board or the BOS or the commission all deserve thanks for being involved.
Thank you all. Please keep it up.