8/7/2018 1:53:45 PM
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Section 5: OPA Board Subject: A Legal Conundrum? Msg# 1022200
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Imagine if you will if every property owner in Ocean Pines was responsible for their individual drainage easement. The result would be chaos. With three loads of dirt and a roll of sod I could correct my drainage easement in one afternoon; however, I would be creating a flooding nightmare for my adjoining neighbors.
A GREAT BIG YES And I can just imagine the record keeping which COULD result if the supposed Bailey plan were adopted. A number of clerical burdens would be added to OP costs Including the following << Notifications to owners of failing trenches -- << requesting the owners themselves to do repairs --<< waiting for answers -- <<finally having PubWks do it anyhow ,( lacking owner responses) -- << compiling job costs --<< producing billings -- << waiting for pmts -- << and finally trying to collect unpaid bills from some percentage of uncollectibles. Seems its a losing proposition. Adds new costs. Adds administrative delays. Adds possible disputes between neighbors. Hard feelings. Resentments toward the administration. And the built in administrative delays would be making any flooding conditions lingering, that much longer -- all the more irritating. If anyone wonders about the definition of a BOONDOGGLE this would be a perfect example. The responsibility for maintaining our drainage easements belongs to Ocean Pines Association, Inc. and any suggestion otherwise is pure horsehocky. ANOTHER BIG YES And a big pile of hocky from herds of horses. Tom |
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For reference, the above message is a reply to a message where: Joe: The Declarations of Restrictions are clearly written and there should not be any "legal and practical conundrum". The Declarations of Restrictions for Sections 1 - 16 at Article 10, Easements, A - (a) and (b), and Article 12 C, as well as Sections 17, 18 and 19 enjoy pretty much the same language and clearly assign the responsibility of maintenance of the drainage easements to the Ocean Pines Association, Inc.. The majority of culvert pipes in the Ocean Pines subdivision were actually set by the ECC who established the proper elevation of the pipe in order to maintain the drainage. Imagine if you will if every property owner in Ocean Pines was responsible for their individual drainage easement. The result would be chaos. With three loads of dirt and a roll of sod I could correct my drainage easement in one afternoon; however, I would be creating a flooding nightmare for my adjoining neighbors. The responsibility for maintaining our drainage easements belongs to Ocean Pines Association, Inc. and any suggestion otherwise is pure horsehocky. Marty |
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