Southern Development Homes

We had our home built by Southern-Development and we couldn't be happierThe staff is courteous and easy to work with and despite issues with my mortgage lender, they went above and beyond to help us move in on time

Dear Ms***:Thank you for your April 9, letterI apologize for the delay in getting back to youI was away with myfamily on Spring break and did not get back to the office until the afternoon of the 14thI appreciate youbringing Mr [redacted] 's concerns to my attentionThe [redacted] 's had contacted me last year regarding some ofthese mattersI take great pride in the fact that over 99% of our customers say that they would buy fromSouthern Development Homes again and that they would recommend us to a friendThat isn't because weare prefect, but because we stand by what we build, we truly try to do what is right, we fix our errors, and, werespond positively to our customers concernsIt is a real rarity when we can't come to some mutualagreement, or see eye to eye with a customerIn that regard, this Revdex.com letter is particularly difficult for me toreceive.I thought we did the right thing when we were contacted by the [redacted] 's last yearDespite the fact that the [redacted] 's home was outside the warranty period for new home construction, we sent them a comprehensiveletter reviewing this matter back in November (copy [redacted] )However, in light of you Revdex.com letter, I amconcerned that things have gotten forgotten or somehow lost in translation since the closing of this homebeing back in July of So, it is my intention to call Mrand Mrs [redacted] to try and setup a meeting for usto go over these matters in personIn hind sight, I should have done that back in November, but I thought thecomprehensive letter was the right thing at the timeI am not sure we will be able to reach an accord, buthopefully we can talk this through and see where this goes.I am also not sure what more I can add to the information that we provided to Mrand Mrs [redacted] back inthe November letter, but I will try to recap based off the points in the paragraph that Mr [redacted] provided tothe Revdex.comI apologize in advance if some of it is repetitive of my November 5th letter.By way of background, this home closed to the [redacted] 's on July 31, As I am sure you know, new homeconstruction comes with a one (1) year warrantyMr [redacted] 's concerns were brought to my attention inOctober of The Revdex.com complaint broken out into parts is as follows:Southern Development was directed by the Developer to repair the access road to our homeslteafter construction: Pea stone/brown stone was what was called for and paid for by the HomeSpecifications back in January of (initialed contract page provided)In July of 2013, the Customerwas not happy with the installed pea stone since it didn't compact wellWe removed and replaced thepea stone drive so that it was better compactedAt that same time, we top dressed the access road allthe way to the subdivision road with the remaining pea stone, which was not in the scope of theContractThat top dressing of the access road was insisted upon by Mr [redacted] (the Developer'semployee)We paid a bill for the second round of work on the driveway and access road which was inexcess of $4,000, not covered by the ContractOver a year had passed since the installation of the peastone when the complaint was received that it wasn't rightThe Contract between the partiesexpressly states that: "SELLER will install the driveway one time only as per specifications and it is notresponsible for reshaping or the additional of gravel or pavement after settlement" (initialed contractpage provided)While Mr***'s may think the access road needs to be spruced up in some fashionthat is now an issue between the Owners of the shared access easement after settlementTheproblem, as it seems to me, is that Mr ***'s is wearing two hatsOne hat as the HOA suggesting thatthe property isn't in compliance (over a year after the fact) and another hat to personally improve hisaccess road to another lot that is listed for sale in the Multiple Listing Service and that he personallyowns through an LLCIn light of the fact, that we did our best to match the pea stone to Mr***'sexisting pea stone on the access road, I am perplexed at how the Developer thinks the ARB isauthorized to change direction now, over a year after the fact.• Never being made aware of a requirement for a hardened surface driveway: Similar to the above, itstrikes me that the HOA's ARB is improperly stirring up issuesNo argument, the HOA's covenants saythat driveways are supposed to be "hardened surfaces." However, there is no further definition ofhardened surface in the Covenants and Restrictions for the subdivisionThe Plans submitted to theARB showed a pea stone drivewayDuring construction, [redacted] (the Developer) visited the site onnumerous occasionsMr [redacted] watched and commented on many aspects of the progression of thisbuilding project, including discussions and his corrections regarding the type/size/color of pea stonethat was usedHe even instructed where the stone should be purchased from to make it a matchHehelped inform the decisions regarding the driveway and now he wants it changed over a year later?Again, it is noted that the shared entrance to Lots and (Lot being owned by [redacted] ***' LLCpersonally, [redacted] ***) was gravel serving Lots and at the time that SouthernDevelopment bought Lot If that surface was okay for the shared driveway access to theDeveloper's lot, then it is okay for the home that we builtAs far as never being made aware, a copy ofthe Covenants and Restrictions for the subdivision were provided by our sales representative to thePurchasersIt is the same set of Covenants and Restrictions that were disclosed to the Purchaser aspart to the pre-closing title workTo say, no one disclosed that this is a subdivision with lots of rulesand regulations is just not so.• The Developer requires screening of the garage door that was never doneThis was not a matterraised in the October letter and this is the first we are hearing of itWe have gone back andreviewed the Covenants and Restrictions for the subdivisionIt is silent about screening garage doors.The Covenants and Restrictions expressly state that "Parking Areas (not garage doors) must be sitedand landscaped to minimize visual impact form other Lots and roads." That is the closest writtenreference we can find on the subject This house in on a acres parcel and it was designed with a sideloading garage that is oriented over feet way from the closest lot lineA copy of a plat is [redacted] which shows you the distance to other lotsI suspect that this is another new ARB issue being raisedby the DeveloperAnother requirement that is not an accurate reflection of the recorded Covenantsand Restrictions of the subdivision.• A third party contractor opines the driveway wasn't properly compacted or installedThere was noinformation in the October letter about a review of our work by a third party contractorI cannotaddress what "standard" the "reputable roadway contractor" referred toI can tell you that ourstandards and one year warranty are governed by the NAHB's published Residential ConstructionPerformance Guidelines as stated in our contract (initialed contract page provided)That is thestandard to which we promised to build and did buildWhen the Purchasers weren't happy with thestone work in 2013, it was redone Please see my November letter and e-mails regarding the re-doand correction of the driveway done in 2013.• The Subdivision's HOAWe stand by our assessment of this HOA's authority to put our customerthrough the ringer the way they have beenThe fact that the Developer still owns lots does notexempt them from the Registration and corporation requirements of the State CorporationCommissionOwning Lots doesn't exempt the Developer from the requirements of the CommonInterest Community Board of the Virginia Department of Occupation and RegulationThis Developer iscollecting funds from homeowners and unilaterally interpreting ARB rules to the detriment of ourcustomers, without a properly running the AssociationI can tell that our customer is getting badinformation from the Developer because of the statement in the Revdex.com letter that the "Developer ownsthe majority share of the development and the HOA is not in effect yet." The Developer can't have itboth waysHe can't collect funds or enforce rules if there isn't an HOAYet, he is doing both.• Small $settlementA point of correction, the $was not offered as a settlementI know thatthis and my November letter are lengthy, but please read my November letterThe $was offeredas a gesture of courtesy and service to the customer.I apologize for the length of this letterBetween this and our November letter to the [redacted] 's, I know it is alot of readingI hope you will recognize that our responses have been thorough and thoughtfulThat said, Iknow a trip to see my customer is in orderPlease call me if you have any questionsI can be reached at [redacted] or at [redacted]

Dear Ms. [redacted]:Thank you for your April 9, 2015 letter. I apologize for
the delay in getting back to you. I was away with myfamily on Spring break and did not get
back to the office until the afternoon of the 14th. I appreciate youbringing Mr. [redacted]'s concerns to my
attention. The [redacted]'s...

had contacted me last year regarding some ofthese matters. I take great pride in the
fact that over 99% of our
customers say that they would buy fromSouthern Development Homes again and that
they would recommend us to a friend. That isn't because weare prefect, but because we stand by
what we build, we truly try to do what is right, we fix our errors, and, werespond positively to our customers
concerns. It is a real rarity when we can't come to some mutualagreement, or see eye to eye with a
customer. In that regard, this Revdex.com letter is particularly difficult for me toreceive.I thought we did the right thing when we
were contacted by the [redacted]'s last year. Despite the fact that the[redacted]'s home was outside the warranty
period for new home construction, we sent them a comprehensiveletter reviewing this matter back in
November (copy [redacted]). However, in light of you Revdex.com letter, I amconcerned that things have gotten
forgotten or somehow lost in translation since the closing of this homebeing back in July of 2013. So, it is my intention
to call Mr. and Mrs. [redacted] to try and setup a meeting for usto go over these matters in person. In
hind sight, I should have done that back in November, but I thought thecomprehensive letter was the right thing
at the time. I am not sure we will be able to reach an accord, buthopefully we can talk this through and
see where this goes.I am also not sure what more I can add
to the information that we provided to Mr. and Mrs. [redacted] back inthe November letter, but I will try to
recap based off the points in the paragraph that Mr. [redacted] provided tothe Revdex.com. I apologize in advance if some
of it is repetitive of my November 5th letter.By way of background, this home closed
to the [redacted]'s on July 31, 2013. As I am sure you know, new homeconstruction comes with a one (1) year
warranty. Mr. [redacted]'s concerns were brought to my attention inOctober of 2014. The Revdex.com complaint
broken out into parts is as follows:Southern Development was directed by the
Developer to repair the access road to our homeslteafter construction: Pea stone/brown
stone was what was called for and paid for by the HomeSpecifications back in January of 2013
(initialed contract page provided). In July of 2013, the Customerwas not happy with the installed pea
stone since it didn't compact well. We removed and replaced thepea stone drive so that it was better
compacted. At that same time, we top dressed the access road allthe way to the subdivision road with the
remaining pea stone, which was not in the scope of theContract. That top dressing of the
access road was insisted upon by Mr. [redacted] (the Developer'semployee). We paid a bill for the second
round of work on the driveway and access road which was inexcess of $4,000, not covered by the
Contract. Over a year had passed since the installation of the peastone when the complaint was received
that it wasn't right. The Contract between the partiesexpressly states that: "SELLER will
install the driveway one time only as per specifications and it is notresponsible for reshaping or the
additional of gravel or pavement after settlement" (initialed contractpage provided). While Mr. [redacted]'s may
think the access road needs to be spruced up in some fashionthat is now an issue between the Owners
of the shared access easement after settlement. Theproblem, as it seems to me, is that Mr.
[redacted]'s is wearing two hats. One hat as the HOA suggesting thatthe property isn't in compliance (over a
year after the fact) and another hat to personally improve hisaccess road to another lot that is
listed for sale in the Multiple Listing Service and that he personallyowns through an LLC. In light of the
fact, that we did our best to match the pea stone to Mr. [redacted]'sexisting pea stone on the access road, I
am perplexed at how the Developer thinks the ARB isauthorized to change direction now, over
a year after the fact.• Never being made aware of a
requirement for a hardened surface driveway: Similar to the above, itstrikes me that the HOA's ARB is
improperly stirring up issues. No argument, the HOA's covenants saythat driveways are supposed to be
"hardened surfaces." However, there is no further definition ofhardened surface in the Covenants and
Restrictions for the subdivision. The Plans submitted to theARB showed a pea stone driveway. During
construction, [redacted] (the Developer) visited the site onnumerous occasions. Mr. [redacted] watched
and commented on many aspects of the progression of thisbuilding project, including discussions
and his corrections regarding the type/size/color of pea stonethat was used. He even instructed where
the stone should be purchased from to make it a match. Hehelped inform the decisions regarding
the driveway and now he wants it changed over a year later?Again, it is noted that the shared
entrance to Lots 12 and 13 (Lot 12 being owned by [redacted]' LLCpersonally, [redacted]) was gravel serving Lots 12 and 13 at the time that SouthernDevelopment bought Lot 13. If that
surface was okay for the shared driveway access to theDeveloper's lot, then it is okay for the
home that we built. As far as never being made aware, a copy ofthe Covenants and Restrictions for the
subdivision were provided by our sales representative to thePurchasers. It is the same set of
Covenants and Restrictions that were disclosed to the Purchaser aspart to the pre-closing title work. To
say, no one disclosed that this is a subdivision with lots of rulesand regulations is just not so.• The Developer requires screening of
the garage door that was never done. This was not a matterraised in the October 2014 letter and
this is the first we are hearing of it. We have gone back andreviewed the Covenants and Restrictions for the
subdivision. It is silent about screening garage doors.The Covenants and Restrictions expressly
state that "Parking Areas (not garage doors) must be sitedand landscaped to minimize visual impact
form other Lots and roads." That is the closest writtenreference we can find on the subject.
This house in on a 4 acres
parcel and it was designed with a sideloading garage that is oriented over 80
feet way from the closest lot line. A copy of a plat is [redacted]which shows you the distance to other
lots. I suspect that this is another new ARB issue being raisedby the Developer. Another requirement
that is not an accurate reflection of the recorded Covenantsand Restrictions of the subdivision.• A third party contractor opines the
driveway wasn't properly compacted or installed. There was noinformation in the October letter about
a review of our work by a third party contractor. I cannotaddress what "standard" the
"reputable roadway contractor" referred to. I can tell you that ourstandards and one year warranty are
governed by the NAHB's published Residential ConstructionPerformance Guidelines as stated in our
contract (initialed contract page provided). That is thestandard to which we promised to build
and did build. When the Purchasers weren't happy with thestone work in 2013, it was redone.
Please see my November letter and e-mails regarding the re-doand correction of the driveway done in
2013.• The Subdivision's HOA. We stand by our
assessment of this HOA's authority to put our customerthrough the ringer the way they have
been. The fact that the Developer still owns lots does notexempt them from the Registration and
corporation requirements of the State CorporationCommission. Owning Lots doesn't exempt
the Developer from the requirements of the CommonInterest Community Board of the Virginia
Department of Occupation and Regulation. This Developer iscollecting funds from homeowners and
unilaterally interpreting ARB rules to the detriment of ourcustomers, without a properly running
the Association. I can tell that our customer is getting badinformation from the Developer because
of the statement in the Revdex.com letter that the "Developer ownsthe majority share of the development
and the HOA is not in effect yet." The Developer can't have itboth ways. He can't collect funds or
enforce rules if there isn't an HOA. Yet, he is doing both.• Small $500 settlement. A point of correction,
the $500 was not offered as a settlement. I know thatthis and my November letter are lengthy,
but please read my November letter. The $500 was offeredas a gesture of courtesy and service to
the customer.I apologize for the length of this
letter. Between this and our November letter to the [redacted]'s, I know it is alot of reading. I hope you will
recognize that our responses have been thorough and thoughtful. That said, Iknow a trip to see my customer is in
order. Please call me if you have any questions. I can be reached at [redacted] or at [redacted]

Dear Ms. [redacted]:Thank you for your April 9, 2015 letter. I apologize for
the delay in getting back to you. I was away with myfamily on Spring break and did not get
back to the office until the afternoon of the 14th. I appreciate youbringing Mr. [redacted]'s concerns to my
attention. The...

[redacted]'s had contacted me last year regarding some ofthese matters. I take great pride in the
fact that over 99% of our
customers say that they would buy fromSouthern Development Homes again and that
they would recommend us to a friend. That isn't because weare prefect, but because we stand by
what we build, we truly try to do what is right, we fix our errors, and, werespond positively to our customers
concerns. It is a real rarity when we can't come to some mutualagreement, or see eye to eye with a
customer. In that regard, this Revdex.com letter is particularly difficult for me toreceive.I thought we did the right thing when we
were contacted by the [redacted]'s last year. Despite the fact that the[redacted]'s home was outside the warranty
period for new home construction, we sent them a comprehensiveletter reviewing this matter back in
November (copy [redacted]). However, in light of you Revdex.com letter, I amconcerned that things have gotten
forgotten or somehow lost in translation since the closing of this homebeing back in July of 2013. So, it is my intention
to call Mr. and Mrs. [redacted] to try and setup a meeting for usto go over these matters in person. In
hind sight, I should have done that back in November, but I thought thecomprehensive letter was the right thing
at the time. I am not sure we will be able to reach an accord, buthopefully we can talk this through and
see where this goes.I am also not sure what more I can add
to the information that we provided to Mr. and Mrs. [redacted] back inthe November letter, but I will try to
recap based off the points in the paragraph that Mr. [redacted] provided tothe Revdex.com. I apologize in advance if some
of it is repetitive of my November 5th letter.By way of background, this home closed
to the [redacted]'s on July 31, 2013. As I am sure you know, new homeconstruction comes with a one (1) year
warranty. Mr. [redacted]'s concerns were brought to my attention inOctober of 2014. The Revdex.com complaint
broken out into parts is as follows:Southern Development was directed by the
Developer to repair the access road to our homeslteafter construction: Pea stone/brown
stone was what was called for and paid for by the HomeSpecifications back in January of 2013
(initialed contract page provided). In July of 2013, the Customerwas not happy with the installed pea
stone since it didn't compact well. We removed and replaced thepea stone drive so that it was better
compacted. At that same time, we top dressed the access road allthe way to the subdivision road with the
remaining pea stone, which was not in the scope of theContract. That top dressing of the
access road was insisted upon by Mr. [redacted] (the Developer'semployee). We paid a bill for the second
round of work on the driveway and access road which was inexcess of $4,000, not covered by the
Contract. Over a year had passed since the installation of the peastone when the complaint was received
that it wasn't right. The Contract between the partiesexpressly states that: "SELLER will
install the driveway one time only as per specifications and it is notresponsible for reshaping or the
additional of gravel or pavement after settlement" (initialed contractpage provided). While Mr. [redacted]'s may
think the access road needs to be spruced up in some fashionthat is now an issue between the Owners
of the shared access easement after settlement. Theproblem, as it seems to me, is that Mr.
[redacted]'s is wearing two hats. One hat as the HOA suggesting thatthe property isn't in compliance (over a
year after the fact) and another hat to personally improve hisaccess road to another lot that is
listed for sale in the Multiple Listing Service and that he personallyowns through an LLC. In light of the
fact, that we did our best to match the pea stone to Mr. [redacted]'sexisting pea stone on the access road, I
am perplexed at how the Developer thinks the ARB isauthorized to change direction now, over
a year after the fact.• Never being made aware of a
requirement for a hardened surface driveway: Similar to the above, itstrikes me that the HOA's ARB is
improperly stirring up issues. No argument, the HOA's covenants saythat driveways are supposed to be
"hardened surfaces." However, there is no further definition ofhardened surface in the Covenants and
Restrictions for the subdivision. The Plans submitted to theARB showed a pea stone driveway. During
construction, [redacted] (the Developer) visited the site onnumerous occasions. Mr. [redacted] watched
and commented on many aspects of the progression of thisbuilding project, including discussions
and his corrections regarding the type/size/color of pea stonethat was used. He even instructed where
the stone should be purchased from to make it a match. Hehelped inform the decisions regarding
the driveway and now he wants it changed over a year later?Again, it is noted that the shared
entrance to Lots 12 and 13 (Lot 12 being owned by [redacted]' LLCpersonally, [redacted]) was gravel serving Lots 12 and 13 at the time that SouthernDevelopment bought Lot 13. If that
surface was okay for the shared driveway access to theDeveloper's lot, then it is okay for the
home that we built. As far as never being made aware, a copy ofthe Covenants and Restrictions for the
subdivision were provided by our sales representative to thePurchasers. It is the same set of
Covenants and Restrictions that were disclosed to the Purchaser aspart to the pre-closing title work. To
say, no one disclosed that this is a subdivision with lots of rulesand regulations is just not so.• The Developer requires screening of
the garage door that was never done. This was not a matterraised in the October 2014 letter and
this is the first we are hearing of it. We have gone back andreviewed the Covenants and Restrictions for the
subdivision. It is silent about screening garage doors.The Covenants and Restrictions expressly
state that "Parking Areas (not garage doors) must be sitedand landscaped to minimize visual impact
form other Lots and roads." That is the closest writtenreference we can find on the subject.
This house in on a 4 acres
parcel and it was designed with a sideloading garage that is oriented over 80
feet way from the closest lot line. A copy of a plat is [redacted]which shows you the distance to other
lots. I suspect that this is another new ARB issue being raisedby the Developer. Another requirement
that is not an accurate reflection of the recorded Covenantsand Restrictions of the subdivision.• A third party contractor opines the
driveway wasn't properly compacted or installed. There was noinformation in the October letter about
a review of our work by a third party contractor. I cannotaddress what "standard" the
"reputable roadway contractor" referred to. I can tell you that ourstandards and one year warranty are
governed by the NAHB's published Residential ConstructionPerformance Guidelines as stated in our
contract (initialed contract page provided). That is thestandard to which we promised to build
and did build. When the Purchasers weren't happy with thestone work in 2013, it was redone.
Please see my November letter and e-mails regarding the re-doand correction of the driveway done in
2013.• The Subdivision's HOA. We stand by our
assessment of this HOA's authority to put our customerthrough the ringer the way they have
been. The fact that the Developer still owns lots does notexempt them from the Registration and
corporation requirements of the State CorporationCommission. Owning Lots doesn't exempt
the Developer from the requirements of the CommonInterest Community Board of the Virginia
Department of Occupation and Regulation. This Developer iscollecting funds from homeowners and
unilaterally interpreting ARB rules to the detriment of ourcustomers, without a properly running
the Association. I can tell that our customer is getting badinformation from the Developer because
of the statement in the Revdex.com letter that the "Developer ownsthe majority share of the development
and the HOA is not in effect yet." The Developer can't have itboth ways. He can't collect funds or
enforce rules if there isn't an HOA. Yet, he is doing both.• Small $500 settlement. A point of correction,
the $500 was not offered as a settlement. I know thatthis and my November letter are lengthy,
but please read my November letter. The $500 was offeredas a gesture of courtesy and service to
the customer.I apologize for the length of this
letter. Between this and our November letter to the [redacted]'s, I know it is alot of reading. I hope you will
recognize that our responses have been thorough and thoughtful. That said, Iknow a trip to see my customer is in
order. Please call me if you have any questions. I can be reached at [redacted] or at [redacted]

We had our home built by Southern-Development and we couldn't be happier. The staff is courteous and easy to work with and despite issues with my mortgage lender, they went above and beyond to help us move in on time.

Review: Southern Development was directed by the Developer to repair the access road to our homesite after construction equipment significantly degraded it. I was never made aware this outstanding requirement by the builder, and instead learned of it from the Developer a year later. Additionally, per the ARB, the developer required screening of the garage door, which the builder never performed. Additionally, the ARB required a "hardened surface" driveway which was never communicated to us during contract negotiation. We learned the our driveway is out of compliance after settlement. Additionally, we learned from a reputable roadway contractor that our driveway was not constructed to standard; that base layers were not compacted per spec and runoff was not appropriately mitigated.

I drafted a letter to Southern Development in Oct/2014 asking them to pay /correct both the landscaping and roadway deficiencies. I received a letter from Southern Development stating (erroneously) that the HOA of the community was not a registered entity with the State SCC, and therefore did not have the authority to mandate these corrections. (The Developer owns majority share of the development and the HOA is not in effect yet). The letter stated no such repairs would be made, but that a small settlement of $500 was offered in agreement that I do not seek further recourse or legal action. I did not accept the money.Desired Settlement: Builder pay for the required roadway and driveway repairs (baselayer repair, drainage repair, resurfacing) of brownstone chip & tar, from a contractor that I select in accordance with the original agreement between the builder and the developer.

Business

Response:

Dear Ms. [redacted]:Thank you for your April 9, 2015 letter. I apologize for

the delay in getting back to you. I was away with myfamily on Spring break and did not get

back to the office until the afternoon of the 14th. I appreciate youbringing Mr. [redacted]'s concerns to my

attention. The [redacted]'s had contacted me last year regarding some ofthese matters. I take great pride in the

fact that over 99% of our

customers say that they would buy fromSouthern Development Homes again and that

they would recommend us to a friend. That isn't because weare prefect, but because we stand by

what we build, we truly try to do what is right, we fix our errors, and, werespond positively to our customers

concerns. It is a real rarity when we can't come to some mutualagreement, or see eye to eye with a

customer. In that regard, this Revdex.com letter is particularly difficult for me toreceive.I thought we did the right thing when we

were contacted by the [redacted]'s last year. Despite the fact that the[redacted]'s home was outside the warranty

period for new home construction, we sent them a comprehensiveletter reviewing this matter back in

November (copy [redacted]). However, in light of you Revdex.com letter, I amconcerned that things have gotten

forgotten or somehow lost in translation since the closing of this homebeing back in July of 2013. So, it is my intention

to call Mr. and Mrs. [redacted] to try and setup a meeting for usto go over these matters in person. In

hind sight, I should have done that back in November, but I thought thecomprehensive letter was the right thing

at the time. I am not sure we will be able to reach an accord, buthopefully we can talk this through and

see where this goes.I am also not sure what more I can add

to the information that we provided to Mr. and Mrs. [redacted] back inthe November letter, but I will try to

recap based off the points in the paragraph that Mr. [redacted] provided tothe Revdex.com. I apologize in advance if some

of it is repetitive of my November 5th letter.By way of background, this home closed

to the [redacted]'s on July 31, 2013. As I am sure you know, new homeconstruction comes with a one (1) year

warranty. Mr. [redacted]'s concerns were brought to my attention inOctober of 2014. The Revdex.com complaint

broken out into parts is as follows:Southern Development was directed by the

Developer to repair the access road to our homeslteafter construction: Pea stone/brown

stone was what was called for and paid for by the HomeSpecifications back in January of 2013

(initialed contract page provided). In July of 2013, the Customerwas not happy with the installed pea

stone since it didn't compact well. We removed and replaced thepea stone drive so that it was better

compacted. At that same time, we top dressed the access road allthe way to the subdivision road with the

remaining pea stone, which was not in the scope of theContract. That top dressing of the

access road was insisted upon by Mr. [redacted] (the Developer'semployee). We paid a bill for the second

round of work on the driveway and access road which was inexcess of $4,000, not covered by the

Contract. Over a year had passed since the installation of the peastone when the complaint was received

that it wasn't right. The Contract between the partiesexpressly states that: "SELLER will

install the driveway one time only as per specifications and it is notresponsible for reshaping or the

additional of gravel or pavement after settlement" (initialed contractpage provided). While Mr. [redacted]'s may

think the access road needs to be spruced up in some fashionthat is now an issue between the Owners

of the shared access easement after settlement. Theproblem, as it seems to me, is that Mr.

[redacted]'s is wearing two hats. One hat as the HOA suggesting thatthe property isn't in compliance (over a

year after the fact) and another hat to personally improve hisaccess road to another lot that is

listed for sale in the Multiple Listing Service and that he personallyowns through an LLC. In light of the

fact, that we did our best to match the pea stone to Mr. [redacted]'sexisting pea stone on the access road, I

am perplexed at how the Developer thinks the ARB isauthorized to change direction now, over

a year after the fact.• Never being made aware of a

requirement for a hardened surface driveway: Similar to the above, itstrikes me that the HOA's ARB is

improperly stirring up issues. No argument, the HOA's covenants saythat driveways are supposed to be

"hardened surfaces." However, there is no further definition ofhardened surface in the Covenants and

Restrictions for the subdivision. The Plans submitted to theARB showed a pea stone driveway. During

construction, [redacted] (the Developer) visited the site onnumerous occasions. Mr. [redacted] watched

and commented on many aspects of the progression of thisbuilding project, including discussions

and his corrections regarding the type/size/color of pea stonethat was used. He even instructed where

the stone should be purchased from to make it a match. Hehelped inform the decisions regarding

the driveway and now he wants it changed over a year later?Again, it is noted that the shared

entrance to Lots 12 and 13 (Lot 12 being owned by [redacted]' LLCpersonally, [redacted]) was gravel serving Lots 12 and 13 at the time that SouthernDevelopment bought Lot 13. If that

surface was okay for the shared driveway access to theDeveloper's lot, then it is okay for the

home that we built. As far as never being made aware, a copy ofthe Covenants and Restrictions for the

subdivision were provided by our sales representative to thePurchasers. It is the same set of

Covenants and Restrictions that were disclosed to the Purchaser aspart to the pre-closing title work. To

say, no one disclosed that this is a subdivision with lots of rulesand regulations is just not so.• The Developer requires screening of

the garage door that was never done. This was not a matterraised in the October 2014 letter and

this is the first we are hearing of it. We have gone back andreviewed the Covenants and Restrictions for the

subdivision. It is silent about screening garage doors.The Covenants and Restrictions expressly

state that "Parking Areas (not garage doors) must be sitedand landscaped to minimize visual impact

form other Lots and roads." That is the closest writtenreference we can find on the subject.

This house in on a 4 acres

parcel and it was designed with a sideloading garage that is oriented over 80

feet way from the closest lot line. A copy of a plat is [redacted]which shows you the distance to other

lots. I suspect that this is another new ARB issue being raisedby the Developer. Another requirement

that is not an accurate reflection of the recorded Covenantsand Restrictions of the subdivision.• A third party contractor opines the

driveway wasn't properly compacted or installed. There was noinformation in the October letter about

a review of our work by a third party contractor. I cannotaddress what "standard" the

"reputable roadway contractor" referred to. I can tell you that ourstandards and one year warranty are

governed by the NAHB's published Residential ConstructionPerformance Guidelines as stated in our

contract (initialed contract page provided). That is thestandard to which we promised to build

and did build. When the Purchasers weren't happy with thestone work in 2013, it was redone.

Please see my November letter and e-mails regarding the re-doand correction of the driveway done in

2013.• The Subdivision's HOA. We stand by our

assessment of this HOA's authority to put our customerthrough the ringer the way they have

been. The fact that the Developer still owns lots does notexempt them from the Registration and

corporation requirements of the State CorporationCommission. Owning Lots doesn't exempt

the Developer from the requirements of the CommonInterest Community Board of the Virginia

Department of Occupation and Regulation. This Developer iscollecting funds from homeowners and

unilaterally interpreting ARB rules to the detriment of ourcustomers, without a properly running

the Association. I can tell that our customer is getting badinformation from the Developer because

of the statement in the Revdex.com letter that the "Developer ownsthe majority share of the development

and the HOA is not in effect yet." The Developer can't have itboth ways. He can't collect funds or

enforce rules if there isn't an HOA. Yet, he is doing both.• Small $500 settlement. A point of correction,

the $500 was not offered as a settlement. I know thatthis and my November letter are lengthy,

but please read my November letter. The $500 was offeredas a gesture of courtesy and service to

the customer.I apologize for the length of this

letter. Between this and our November letter to the [redacted]'s, I know it is alot of reading. I hope you will

recognize that our responses have been thorough and thoughtful. That said, Iknow a trip to see my customer is in

order. Please call me if you have any questions. I can be reached at [redacted] or at [redacted]