Daniel Brown

xxx S. Wynn Wood Cir.

Camden-Wyoming, DE 19934-4451
xxx-xxx-xxxx

July 1, 2008
Re: Prohibited Water Softener Brine Discharge into Residential Septic Systems, June 17, 2008
Prohibited Water Softener Brine Discharge into Residential Septic Tanks, June 24, 2008
Dear Wynnwood Residents, June 16, 2008

Investor's Realty
1685 South State Street
Dover, DE 19901
302-736-0270

Attention: Dave Gilgenast:

Subject: State Code Violations; Water Softener Brine Discharge, Septic Tank Risers

Wynn Wood residents listed in Table 1 of letter; Prohibited Water Softener Brine Discharge into Residential
Septic Systems, Dated June 17, 2008 and letters; Homeowners Listing Update, dated June 20, 21, 23, 24, and
30, 2008, hereinafter will be referred to as Homeowners. Table 1 of letter; Prohibited Water Softener Brine
Discharge into Residential Septic Systems, Dated June 17, 2008 and letters; Homeowners Listing Update,
dated June 20, 21, 23, 24, and 30, 2008, hereinafter will be referred to as Homeowner Listing. Wynn Wood
LLC/Investor's Realty hereinafter will be referred to as Developer. Reference made to Delaware Code, State
Code, the Code, or regulations will refer to The Regulations Governing The Design, Installation And Operation
Of On-Site Wastewater Treatment And Disposal Systems (Regulations).

While I have no authority to speak on behalf of the homeowners, I find it my responsibility to speak for them.
The homeowners are fully aware that the septic tank watertight access manholes should extend above grade,
min 2”, Max 6” as stated in the regulation sited above and in Exhibit G, Typical Two Compartment Septic
Tank of that regulation, and the water softener brine discharging into their septic tank are in violation of State
Code due to the developer installing/having installed the septic tanks where the risers do not extend above grade
and the water softener conditioning system where the brine drains into the septic tank.

The Wynn Wood Homeowners Association (HOA) will be holding a general membership meeting at the
Camden Moose Lodge hall on Thursday, July 24th at 7 PM. One of the topic of discussion will be the status of
the installation of the water softener dry wells and the Homeowners Association's position concerning the newly
founded Code violation that you pointed out to me concerning the septic tank watertight access manholes.

As a voting member of the HOA I would like to extend a welcome to and invite you or a representative from
Investor's Realty to attend and present a brief summary and an updated status concerning the installation of the
dry wells for all of the residents listed in the Homeowners Listing, and the developers position concerning the
violation of the septic tank watertight access manholes. A representative from DNREC will also be attending
to answer the homeowners questions and concerns.

As you stated in you email dated June 27, 2008 “However if you would like to further discuss your position
with a principle, and would like to meet with us. We could be available the later part of the week of July 7, as
we will be out of town, through the first week of July.” Well my position on this issue does have a principle,
and I do not see what a meeting will accomplish, the written Code is conspicuously clear.
Dave Gilgenast
July 1, 2008
Subject: State Code Violations; Water Softener Brine Discharge, Septic Tank Risers
page 2 of 3

When I purchased our home I expected it to be an enjoyable event. That during the purchasing of a home the
prospected home buyer relies on the confidence of developer to ensure that all Codes are adequately meet. As
stated on your web site, “We only sell in the communities we own, so we are always there after the sale.” and
“remember we're here to serve you!”.

The developer, who during the development of the home sites had the requirement to install a water softener in
order to certify the home for sale due to the water test, and did violate the State Code by not having/ensuring
that a dry well was installed during development. The developer even charged some of the homeowners for the
water conditioner, had others co-pay by personal check for theirs (co-payed after the settlement contract was
written) and didn't even charge others for theirs. I am sure that had the affected homeowners known what I
believe was a deceitful business practice by passing the cost of the developers requirement for a water
conditioner to the buyer, they would of challenged it at settlement.

There was obviously no consistency in who was required to pay for the water conditioning system, but I am
confident that every homeowner no matter who paid for the conditioner's to be installed fully expected and had
every reason to assume that a complete water conditioning system was installed according to Code. The
homeowners having no knowledge of the Code requirements for the installation of a water conditioner relied on
the developer who represented that, and created the impression that the homes were ready for final settlement
by the establishment of a settlement date. This was a false impression given to the homeowners, now relevant
due to the fact that the affected home sites are not within Code.

Investor's Realty contracted for the installation of the water conditioners to satisfy the requirements of the
water test for sale of the home, neglected to inform most of the homeowners that a water conditioning system
would be required prior to settlement, neglected to informed some of the homeowners that they were going to be
the only ones who would pay for the conditioning system when most of everyone else did not, neglected to have
a the proper drainage system installed for the conditioner which was a requirement by Code, and due to the
developers negligent actions some of the homeowners will have to pay for the Dry Well that was not installed
due to no negligence on their part.

Due to the noncompliance with the stated Code in my letters referenced above, the homeowners unknowingly
and at no fault of their own, have contaminated their septic tanks for several years by having salt brine
discharging into it. That in order to mitigate any further damage that could be caused by salt corrosion, and to
lessen any possible future damage to the septic tanks due to the years of accumulated salt discharge and
crystallization buildup, the homeowners demand that the developer in good faith and without reservation
conduct a service, cleaning, inspection, and repair of any damage found in the septic tanks caused by the
discharge, collection and the prolonged holding of brine in the septic tanks. That this service be without cost to
the homeowners.

Concerning the watertight access manholes. The homeowners Site Plan clearly states that the Owner or
Authorized Agent should have complied with the listed exhibits for the proper installation of the septic tank.
Again it would appear that whatever contractor was responsible for the installation and setup of the septic
system made a conscious decision to willfully disregard the State Code by violating section 6.07217 by
willfully and knowingly not installing the watertight access manholes to extend above grade as per Exhibit G of
the Regulation.
Dave Gilgenast
July 1, 2008
Subject: State Code Violations; Water Softener Brine Discharge, Septic Tank Risers
page 3 of 3

It can be argued that the homeowners through the settlement contract paid for the water conditioner's and septic
system's and would be/are responsible for the cost of the installation of the dry wells and any additional risers
required to bring their home sites to Code. I, and I know after the HOA meeting the Wynn Wood community
would argue that the developer recklessly made the representation that the water conditioners and septic tanks
were to Code by finalizing a settlement date to the homeowners, it could also be argued for Silent Fraud,
Innocent Misrepresentation.

As I have said, until now I had regarded your firm as a professional and excellent developer of home sites. I
still feel that in my opinion your concern and willingness to assist homeowners in correcting problems they
encounter during and after the purchase of their homes were commendable, and I have every reason to believe
that you will take prompt actions in resolving these serious matters.

My hope is to reach a satisfactory resolution to the various Code violations without resorting to costly and
involved litigation. I would prefer to contact the local media and let them run a state wide article (headlines:
Local Homeowners Association Battles Developer Over Obvious Code Violations), that to seek legal assistance
at this time. With out a response, the decision will be that of the Homeowners Association.

The most cost effective resolution and what I will propose to the HOA to rectify these Code violations would
be to have the dry wells installed and the septic tanks serviced for each home site listed in the Homeowners
Listing. Have two 24 inch Tuf-Tite Safety Pans (should be the installed brand, Safety Pans are approximately
3 inches tall) delivered to each Wynn Wood homeowners address, and let homeowner be responsible for the
installation.

These corrections, in which the homeowner had every expectation were completed to Code, and that should
have been completed prior to the homeowners settlement be without cost to the homeowners. This would bring
the Wynn Wood community homes to Code concerning these matters, and would release Investor's Realty from
the responsibility of these Code violations and show how Investor's Realty in good faith stands behind it's
motto: “we are always there after the sale” and “remember we're here to serve you”

I await your timely response to this letter so that I may forward it to the HOA President. The response will be
presented to the HOA at our next meeting to inform them as to the status of these situations.

An electronic response is appropriate and helps support the government's Paperwork Reduction Act.

Sincerely,

//s//
Daniel Brown

c.c. Andrew C. Strine, Investors Realty, Inc.: astrine@I-realty.com

Ron Cheeseman, K-4 Management,: rcheeseman@I-realty.com
Susan Marsett, DNREC: susan.marsett@state.de.us
Virginia George, President Wynn Wood Homeowners Association: