3/4/2014 8:59:44 PM
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Section 5: OPA Board Subject: COPE Golf Petition? Msg# 879618
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Ted, the by-laws only allow for a single yes/no question on a referendum. No multiple choice allowed.
So I agree that to do this requires some real study and some real decision making on what you want the community to be going forward. Steen and his group can obtain signatures at any time and bring the question to referendum. The board cannot prevent it. Having said that, maybe the board could wangle a way to prevent implementation of such a petition. Those opposed to making the area a park might well consider having a lawyer look at the Declarations of Restrictions as something more fulfilling than offering opinions. The DRs for my section state: B. The ownership of recreational amenities within the Section and Subdivision, which may include but shall not be limited to waterways, dams, water impoundments, marinas, beaches, access tracts, golf courses, tennis courts, swimming pools, clubhouses and adjacent clubhouse grounds, and campgrounds shall be in Declarant or its subsidiaries, successors or assigns, and the use and enjoyment thereof shall be on such terms and conditions as Declarant, its subsidiaries, affiliates, successors or assigns, shall from time to time license; provided, however, that any or all of such amenities may be conveyed to the Ocean Pines Association, Inc., which conveyance shall be accepted by it, provided the same is free and clear of all financial encumbrances. OPA is now the successor or assign. A good lawyer might come up with an argument that only the board can decide the use of recreational amenities. One never knows. As usual it might all come down to a battle of the lawyers, and I suspect that would be the case. |
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For reference, the above message is a reply to a message where: Nate, To me the question is more complex then just profit and loss. Unlike many who want a park, I think it is important we examine all options if indeed a referendum comes to pass. For instance I have seen comments ranging from a 9 hole course, to a driving range, to selling lots which would also reduce our assessment dollars. Why only a park? I also think there is a question to be asked and that is have we exhausted all means to create an operationally break even golf course? We just spent significant dollars restoring the greens and now we are going to shut it down? Should we eliminate memberships (except those who bought life time memberships), lease to a third party who lives and dies on profitability of operations, and so on? I don't have the answers just more questions. Given that this is not the only amenity that loses money, do we move from golf to swimming, to the Community Center, etc.? Part of the question obviously is when does the pain exceed the pleasure -- when do the loses exceed the will of the community to support them? So I am not arguing they are the same but perhaps we start down a slippery slope. So I agree that to do this requires some real study and some real decision making on what you want the community to be going forward. Ted |
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