*       IN THE

*       CIRCUIT COURT

*       FOR

*       WORCESTER COUNTY

*   *   *   *   *   *   *   *   *   *   *   *   * BRETT C. HILL    *

Ocean Pines, Maryland 21811   * Plaintiff,    *

v.      *   Case No.

BOARD OF DIRECTORS OF       * OCEAN PINES ASSOCATION, INC.   *

239 Ocean Parkway     *

Ocean Pines, Maryland 21811   *

and   *

COLETTE HORN       *

35 Sundial Drive   *

Ocean Pines, MD 21811    * Defendants.     *

C-23-CV-18-000154

 *   *   *   *   *   *   *   *   *   *   *   *   *

Plaintiff, Brett C. Hill, Pro Se, hereby brings civil action seeking a Writ of Mandamus pursuant to Maryland Rule 15-701 and a Preliminary Injunction, and states as follows:

1. 1.Plaintiff Brett C. Hill (hereinafter referred to as “Plaintiff”) is a voting member in good standing of the Ocean Pines Association, Inc.; a member of the organization S.T.O.P. – Stop Taxing Ocean Pines; and a resident of Worcester County, Maryland.
2. 2.Ocean Pines Association, Inc. (hereinafter referred to as “Association”) is a Maryland Corporation the operation of which is governed by its By-Laws and the laws of the State of Maryland.
3. 3.Defendant Board of Directors (hereinafter referred to as “Defendant”) of the Association consists of seven directors.
4. 4.Defendant Colette Horn (hereinafter referred to as “Defendant Board Member”) is a member of the Board of Directors and appointed Corporate Secretary effective August 25, 2017.

1. 5.This court has subject matter jurisdiction pursuant to Maryland Code, Courts, and Judicial Proceedings § 1-501.
2. 6.This court has personal jurisdiction over the Defendant pursuant to Maryland Code, 6- Courts, and Judicial Proceedings § 6-102.
3. 7.Venue is proper pursuant to Maryland Code, Courts, and Judicial Proceedings § 6-201.

1. 8.A complete revision of the August, 2000 By-laws as amended from time to time was adopted by the members of the Ocean Pines Association Inc. by referendum on August 9, 2008 hereto attached as Exhibit A
2. 9.Section 5.02(c) of the By-Laws states “Each member who desires to be a candidate for election to the Board of Directors shall complete an application form provided by the Search Committee. The form shall be submitted to the Committee not later than May 10th and shall state that the candidate meets the requirements of paragraph (a) of this Section and is willing to serve as Director if elected.”
3. 10.  Section 5.02(a) of the By-Laws states “All candidates must be one of the owners of record of real property in the Subdivision on the first day of January of the year in which the election is to be held and eligible to vote under Section 3.01(c).”
4. 11.  Section 3.01(c) states “Payment of the annual charge levied by the Board of Directors is a prerequisite to the right to vote. No member may vote if, thirty-five (35) days prior to the voting deadline, the member has failed to pay the annual charge, including any assessed interest levied by the Association. The voting rights of a member may also be suspended during any period the member is in continuing violation of the Declarations of Restrictions after the existence of the violation has been declared by the Board of Directors.”
5. 12.  Section 5.02(d) states “The Secretary shall verify that the Association's records as of May 15th support each candidate's eligibility and shall submit a list of eligible candidates to the Elections Committee not later than June 1st.”
6. 13.  On May 10th, 2018, at 2:30pm, Plaintiff filed a completed application with the

Association at 239 Ocean Parkway, Ocean Pines, MD 21811 hereto attached as Exhibit B.

1. 14.  Pursuant to Section 5.02(a) of the By-Laws, the Plaintiff has been an owner of record for property 102 Port Arthur Court, Ocean Pines, MD 21811 through membership interest in Build Pines, LLC since June 30, 2005.
2. 15.  Pursuant to Section 5.02(a) of the By-Laws, the Plaintiff has been an owner of record for the property 3 Windward Court, Ocean Pines, MD 21811 since July 24, 2012.
3. 16.  Pursuant to Section 3.01(c) of the By-Laws, the Plaintiff is currently a member in good standing of the Association, with no past-due balances on any accounts and no open violations of the Declarations and Restrictions.
4. 17.  On May 15th, 2018, Defendant Board Member reviewed the applications for board candidates, hereto attached as Exhibit C, pursuant to Section 5.02(d) of the By-Laws.
5. 18.  On May 16th, 2018, Defendant Board Member accepted all candidates with the exception

of the Plaintiff as eligible candidates presented to the election committee.

1. 19.  Defendant Board Member classified the defendant as ineligible due to assessments not paid that were invoiced on a date of May 1, 2018 and deemed past due on May 31st, 2018.
2. 20.  Defendant Board Member classified party Gregory Turner as an eligible candidate despite a violation of 5.02(a) of the By-Laws. Party Gregory Turner was not an owner of record as of January 1, 2018, according to records from Maryland Department of Assets and Taxation, hereto attached as Exhibit D.
3. 21.  Defendant Board Member classified Mark Mitchell as an eligible candidate despite an incomplete application pursuant to By-Laws 5.02(c), which was subsequently corrected, as presented in Exhibit C.
4. 22.  Plaintiff responded to Defendant Board Member citing the violation of the By-Laws on May 16, 2018, hereto attached as Exhibit E.
5. 23.  Defendant Board Member responded to plaintiff from her personal stationary on May 18, 2018, hereto attached as Exhibit F.
6. 24.  Plaintiff responded to Defendant Board Member on May 21, 2018, hereto attached as Exhibit G.
7. 25.  Plaintiff again addressed Defendant Board Member via email on May 31st, 2018, hereto

attached as Exhibit H.

1. 26.  Plaintiff realleges, as if fully set forth, each and every allegation in paragraphs 1 through 25.
2. 27.  The Association’s By-Laws require Defendant Board Member to provide a list of all eligible candidates to the election committee.
3. 28.  Defendant Board Member has provided a list where an eligible candidate, the Plaintiff, was not included, and other ineligible or potentially ineligible candidates were included.

WHEREFORE, the Plaintiff request that a Write of Mandamus be issued by this Court ordering the Defendant Board Member to comply with Section 5.02(d) of the Association

By-Laws and include all eligible or potentially eligible candidates for the membership to vote for.

1. 29.  Plaintiff realleges, as if fully set forth, each and every allegation in paragraphs 1 through 25.
2. 30.  The Association’s By-Laws require Defendant Board Member to provide a list of all eligible candidates to the election committee.
3. 31.  Defendant Board Member has provided a list where an eligible candidate, the Plaintiff, was not included, and other ineligible or potentially ineligible candidates were included.
4. 32.  Defendant has commenced and continues to proceed with the current election through the Elections Committee.
5. 33.  Defendant’s election for representatives of the members of the Association that have already been filtered by the Defendant Board Member is causing a limited political faction to achieve greater exposure to open board seats.
6. 34.  Plaintiff will suffer immediate, substantial and irreparable injury, loss and damage before a full hearing can be held if the Defendant does not pause the election advertising and ballot creation.
7. 35.  Injunctive relief from this Court is required to preserve the status quo until such time as the Court can determine the issues raised on the merits of its claim.
8. 36.  Plaintiff is likely to succeed on the merits of its claim.

1. 37.  Further, the Plaintiff would suffer a greater degree of harm and injury from the denial of the injunction than would be suffered by Defendant if the injunction is granted and the status quo is preserved.

WHEREFORE, the Plaintiff requests that this Court issue preliminary injunctive relief ordering the Defendant to immediately stop the current election proceedings and for such other and further relief as the Court deems appropriate.

1. 38.  Plaintiff realleges, as if fully set forth, each and every allegation in Paragraphs 1 through 25.
2. 39.  By virtue of having been elected the Director of the Association and managing the affairs of the Association, Defendant Board Member owe fiduciary duties to the members of the Association, including the Plaintiff.
3. 40.  These fiduciary duties include the duty to abide by the By-Laws and Maryland Homeowners Association Act by properly holding an election of eligible candidates, by honestly submitting all eligible candidates to the Elections Committee and treating all candidates equally and without prejudice.
4. 41.  Defendant Board Member breached these fiduciary duties by failing to provide a complete list of eligible candidates to the Elections Committee in accordance with the By-Laws.
5. 42.  In their breach of fiduciary duties owed to the members of the Association, including Plaintiff, Defendant Board Member deviated from her duties as a director of the Association.
6. 43.  Defendant Board Member’s breach of fiduciary duties owed to the members of the Association, including Plaintiff, was willful, intentional, and in bad faith.
7. 44.  As a direct result of these breaches of the fiduciary duties by the Defendant Board Member, members of the Association, including the Plaintiff, have sustained, and will continue to sustain, substantial damage and loss.

WHEREFORE, Plaintiff demands judgement against Defendant Board Member in the amount of Twenty Thousand Four Hundred Twenty-Five Dollars ($20,425.00), in

compensator y damages and Fifty Thousand Dollars ($50,000.00) in punitive damages , which amounts, if awarded, will be donated to the Association ' s general fund and such further relief as the Court deems proper.

 *       IN THE

*       CIRCUIT COURT

*       FOR

*       WORCESTER COUNTY

*   *   *   *   *   *   *   *   *   *   *   *   * BRETT C. HILL  *

3 Windward Ct     *

Ocean Pines, Maryland 21811   * Plaintiff,     *

v.      *   Case No.     

BOARD OF DIRECTORS OF       * OCEAN PINES ASSOCATION, INC.   *

239 Ocean Parkway     *

Ocean Pines, Maryland 21811   *

and   *

COLETTE HORN       *

35 Sundial Drive   *

Ocean Pines, MD 21811    *

*

*   *   *   *   *   *   *   *   *   *   *   *   *

Upon consideration of the Plaintiff, Brett C. Hill’s, Petition for Writ of Mandamus and any responses thereto, it is, on this       day of       , 2018, by the Circuit Court for Worcester County in the State of Maryland;

ORDERED, that Defendant Board of Directors for Ocean Pines Association, Inc. comply with Section 5.02(d) of Ocean Pines Association’s By-Laws and provide a ballot with all