10/25//2005
By Bob Lassahn
During the October 19 meeting of the Ocean Pines Association (OPA) Board of Directors the Environmental Controls Committee/Architectural Review Committee (ECC/ARC) was the focus of reports, public comments, legal opinions from counsel and several motions set forth by board members.
ECC Chairman Walt Boge presented a review of the draft ECC Guideline changes as developed by an ad hoc committee chaired by former director Skip Carey. The ad hoc committee engaged in an intense, five month process evaluating existing guidelines on a point-by-point basis and gleaning public input in an attempt to make the guidelines more reflective of current needs.
Mr. Boge delivered documents he described as the ECC version, with a paragraph-by-paragraph review. He noted that the context was valid but some editing was required. He also called attention to some areas where the ECC disagreed with new interpretations from the ad hoc committee.
The revised guidelines are anticipated to relax some of the existing prohibitions on vinyl sheds, provide clarification on trailer and oversize vehicle parking, and generally make the rules easily understandable. It remains for the board to evaluate the recommended changes from ECC, have them reviewed by legal counsel and determine what the end result will actually contain.
Five individuals, including Bill Rakow and Steve Rakow, spoke on ECC/ARC issues during public comments. The Rakows have been questioning the OPA regarding how variances are being handled and on the ARC fee structure. The question of ECC oversight by the board has been at the center of Bill Rakow’s issue. There is also an issue that ARC staff has been improperly informing property owners a $250 resale packet provided by OPA and an inspection are mandatory under state law.
The board considered several motions directly pertaining to the ECC/ARC. A motion put forth by director Mark Venit proposed to escrow ARC fees collected after May 1, 2005 until the issue of their legitimacy was established.
His motion was based upon a contention held by a number of individuals that the ECC is not authorized to impose any fee greater than, or additional to, that stipulated in the Declaration of Restrictions for the various sections of Ocean Pines. OPA legal counsel Joe Moore provided an opinion that filing fees are limited by the Declarations but other service fees can be imposed. The motion failed.
Another motion by Mr. Venit directly bearing on the ECC/ARC issues was to empanel an ad hoc committee to review ECC/ARC procedures such as how hearings are conducted, etc. The motion drew a second from Dan Stachurski and during discussion Mr. Moore pointed out a stipulation contained within the turnover documents from the developer of Ocean Pines to the OPA. The document contains a statement that the ECC is subject to rules, regulations and procedures established by the OPA board and negates opinions recently expressed by some board members that they held no oversight of the ECC. The motion passed by a slender margin and a report from the committee is anticipated by the March 2006 OPA meeting.
Mr. Stachurski introduced a motion regarding ARC procedures specifying that the OPA would produce a resale package for sellers of property within Ocean Pines, to include documents and certifications required by Maryland law for delivery to a buyer in addition to an inspection of the property, to include photographic documentation, verifying that no violations of OPA regulations exist for a fee to be set annually by the board. His motion stipulates the package is not mandatory but is provided as a service. The motion carried with Board President Glenn Duffy along with directors Venit and George Coleburn abstaining.
With revised guidelines on the horizon, a committee reviewing procedures and a resolution from the board firmly establishing the handling of resale packages, many of the ECC/ARC complaints that have been in the forefront of OPA business may finally be put to rest.
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Uploaded: 10/25/2005
