The homeowners of Cypress Creek HOA are claiming the developer has not built the amenities it promised during development nor met the intended deadlines. On the other hand, the developer alleges the HOA is partly why the project has been delayed.
Cypress Creek Development Promises
The Cypress Creek Homeowners Association alleges that the developer has not delivered the amenities or met the promised deadlines. These conditions were required to approve the development’s sixth and final phase. Meanwhile, the developer is claiming that the HOA is partly responsible for the project’s delay.
On September 3, a meeting of Smithfield’s Town Council was held. The HOA Vice President Russ MacConnell showcased a conceptual plan of the development from circa 2017. It showed 152 phase six homes that would complete the 450-home development around Cypress Creek Golfers Club. The project started years ago and has been finished in phases since 1986.
According to the plan, the community would have a fitness center surrounded by an in-ground pool with a fence, a barbecue area, bocce ball courts, a hot tub, and an adjacent walking trail. The walking trail would be buffered by over 20 trees leading up to a scenic overlook. Robinson Development Group, the Virginia Beach-based developer in charge of Phase Six, proffered that the pool and fitness facility would be built and conveyed by the 55th certificate of occupancy issued by Isle of Wight County for Phase Six. Meanwhile, the walking trail would be built as outlined and turned over by the 108th certificate of occupancy. According to Town Attorney Bill Riddick, the proffers are legally binding.
However, MacConnell states that what has been developed is far from the 2017 plan. He told the council members that the developer reduced the fence size and number of trees from 43 to 6. Moreover, he claims they also removed two bocce ball courts, the barbecue areas, the spa, and all the trees and benches on the walking trail. The HOA did not know of these until they dug into the issue.
MacConnell also says the fitness center should have received its certificate of occupancy in September 2023. However, they did not receive it until June 2024—nine months later. As of the council meeting on September 3, 2024, it had not yet been conveyed to the HOA. As a result of the developer’s actions, 29 homes are now backed by a 10-acre cow pasture and a 3-foot-wide asphalt walking trail. The trail does not have trees or benches to break it up.
The HOA’s Fight Against the Developer
According to Attorney Riddick, the proffers said the amenities would be built according to the conceptual plan. He says the town has several avenues of recourse if the developer does not follow through on its proffers. They may withhold permits or refund the developer’s bond. Smithfield developers need to set aside 20% of the proposed development value. This will be refunded to the developer upon satisfactory completion.
Town Councilman Randy Pack stated that Phase Six was approved for cluster suburban residential zoning. This means houses were allowed to be built closer together than typical developments. In exchange, the community has 10 acres that will be pretty with a path and trees. However, the unmaintained cow pasture without any trees loses its appeal.
Meanwhile, Town Manager Michael Stallings says that the Isle of Wight County handles the building inspection process preceding the issuance of certificates of occupancy. The town only oversees the site plan process. For these reasons, it can be difficult to monitor the developer’s adherence to the proffers.
Robinson Development Group’s senior vice president, Tim Culpepper, contends that the Cypress Creek HOA holds up the fitness center’s ownership transfer. He states that, rather than signing the deed, the HOA brought them a list of demands and instructions from a lawyer that the association would not sign the ownership transfer until the demands were met. Culpepper also states that they could resolve the issue by signing the deed.
According to Culpepper, some elements of the 2017 plan were changed to accommodate stormwater infrastructure drawn by engineers. They revised several things from the initial plan while creating the final engineered plan, which is quite common, he says. Moreover, he contends they gave the HOA a copy of the final engineered plan in 2021.
Before the fight over the pool and fitness center, Culpepper says he had a good working relationship with the Cypress Creek homeowners association. He could not estimate how many homes were built in Phase Six because the developer sold individual lots to the builders. The builders are then responsible for obtaining building permits and managing certificates of occupancy inspections. He says all lots for Phase Six were already sold.
Assistant County Administrator Don Robertson says the Isle of Wight County has issued 120 Phase Six certificates of occupancy, surpassing the proffers’ 55th and 108th thresholds. The Smithfield director of community development and planning, Tammie Clary, confirmed Culpepper’s claim that the Cypress Creek HOA refused to accept the deed for the fitness center and pool.
