Smithfield, VA: Cypress Creek Homeowners Association Resolves Dispute With Developer Over Amenities

The Cypress Creek Homeowners Association says it has resolved its dispute with the developer of the subdivision’s sixth and final phase over promised amenities.

Russ MacConnell, who was the HOA’s vice president in 2024, had, during the public comment period at a Town Council meeting last year, produced a 2017 conceptual plan for the 152-home Phase Six intended to complete the 450-home development that’s been built out since 1986 around the Cypress Creek Golfers Club.

The plan showed a community fitness center surrounded by a fenced-in, in-ground pool, hot tub, bocce ball courts, a barbecue area, and an adjacent walking trail buffered by more than 20 trees leading up to a scenic overlook at Cypress Creek. Virginia Beach-based Robinson Development Group, the developer of Phase Six, had, as of 2020, proffered that a pool and fitness facility “as outlined on the conceptual plan” was to be built and conveyed to the HOA no later than the 55th certificate of occupancy issued by Isle of Wight County for Phase Six, and the walking trail by the 108th certificate of occupancy.

MacConnell, last year, contended that during the transition from a conceptual plan to the official site plan approved by the town, the developer substantially reduced the number of trees and eliminated several of the promised amenities. Tim Culpepper, senior vice president of Robinson Development Group, told the Times last year it’s not uncommon for there to be changes from a conceptual plan to an engineer-drawn site plan to account for stormwater infrastructure, and contends the HOA was provided with a copy of the final engineered plan in 2021. MacConnell, in 2024, said as of September last year the fitness center hadn’t been conveyed to the HOA, though Culpepper, in a statement to the Times, contended the HOA had been the party holding up the transfer by presenting a “list of demands” rather than signing the deed.

The HOA ultimately took ownership of the fitness center earlier this year, holding a ribbon-cutting ceremony in March.

“Our dispute with the developer has been resolved,” MacConnell said. “We agreed to an amount of money for the things he did not provide and from an HOA perspective the situation is resolved.”

MacConnell, however, criticized Smithfield’s Town Council and leadership for opting to stay out of the then-ongoing dispute last fall.

“From a personal perspective I am very disappointed with the town of Smithfield and their inability to hold a developer accountable for the things he promised to do. … A community HOA has no voice in what a developer negotiated with town or county officials,” MacConnell said. “In fact, we didn’t even know what had been agreed upon until it was too late. The fact that the governing entity did not pay attention nor insist on the developer performing what he said he would do is very disheartening. I certainly hope that our efforts to bring this to the attention of the town leadership will prevent future communities suffering the same fate.”

Town Manager Michael Stallings, in response to MacConnell’s comments, told the Times, “The approved proffers for the Cypress Creek Phase 6 indicated that ‘A pool and fitness facility, as outlined on the Conceptual Plan for Cypress Creek Phase VI dated August 17, 2017, shall be constructed….’  Those items were constructed. The items in question were additional amenities shown on the above referenced conceptual plan. As those items were not called out in the proffers, the Town had no legal standing to enforce their construction. However, the Town, working with our Attorney, did meet with the developer and encouraged them to construct the amenities, or work out an agreement with the HOA. It is my understanding that he did just that. While I understand the frustration, the Town worked with the HOA and the developer to assist in getting this matter resolved to the best of our abilities.”

Source: The SmithField Times