10/1/2008

Wouldn't talk be cheaper?
Commentary by Bob Lassahn

A favorite adage of my friend and sometimes adversary on things political, Joe Reynolds of OceanPinesForum.com, especially when talking about the Ocean Pines Association (OPA) is, "You can't make this stuff up." In this he will not get an argument from yours truly. The community generates more than its fair share of fodder for debate and the issues are often such that they challenge the imagination. Few writers of fiction could conjure up such scenarios.

The most recent flap involves a lawsuit brought against OPA by one of its own members regarding the shiny new Sports Core Pool, opened in the fall of 2007. (See related article). Less than one year old, the facility is showing signs that some of the workmanship might leave something to be desired and the member is challenging OPA to do something about the situation.

Douglas Loewer instituted legal action against the association on September 15, but not before trying other means to communicate his concerns to OPA management. Mr. Loewer tried letters and a personal visit to get his point across to General Manager Tom Olson and the OPA Board for about 10 months before taking the step of threatening legal action. (He has produced copies of correspondence). He feels even his most drastic threat of a lawsuit was summarily dismissed, except perhaps by Director Marty Clarke, who escaped being named in the legal action. His challenge was basically "talk to me or I will enter suit."

Mr. Loewer does have some interesting credentials to back up his complaint. Just maybe he knows a little about concrete work, the crux of his complaint and has a vested interest in making sure things in OPA Land are well maintained. He definitely does not seem like someone to simply dismiss as a malcontent. So why wouldn't the OPA powers-that-be at least give him the satisfaction of listening and serious consideration?

Perhaps in part it is because the enclosed Sports Core Pool has been something of a thorn in OPA's side. Constructed at a cost sliding neatly under a referendum requirement per the association's bylaws, the pool enclosure was a hot button topic from the get go. And now the pool is becoming something of a cash drain as revenues fall short of operating expenses. Some OPA members remain a tad unhappy about the course of events and undoubtedly any problems with the fit and finish of the facility aren't welcome news. However, if the problems exist they should not be ignored and that is exactly what Mr. Loewer asks in his lawsuit.

In the great scheme of things the problems Mr. Loewer finds aren't earth shaking, but in his estimation create some immediate safety issues. Reason enough for the board to take a serious look, since injury to a patron of the pool would have far more serious consequences than a loss of face for the OPA hierarchy.

Probably the easiest and best first step in the process of addressing Mr. Loewer's issues with the concrete work would involve a broom and dustpan. Simply sweeping up some of the fractured slivers of concrete could at least reduce the potential for injuries to bare feet. When I took a look at the problem along with Mr. Loewer I was a bit appalled that a touted "premier amenity" of the community would be allowed to appear in such a condition. Beyond an initial dusting and cleaning the rough surfaces and deteriorating patchwork needs to be put right and I don't think we are talking big bucks to do this. In Mr. Loewer's estimation it would likely be less expensive to fix the existing problems than it would be to defend against his suit.

This issue need not have been elevated to its present status. Anyone with a functioning set of eyeballs probably could have recognized the problems. Of course, that might also involve a functioning set of eardrums to at least hear the problem out and entertain a discussion on the merits of an issue. Something OPA has not been historically wont to do when it comes to complaints from its membership. As aptly demonstrated in this instance, wouldn't talk be cheaper than the services of the OPA attorney?