8/7/2018 12:30:03 PM
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Section 5: OPA Board Subject: A Legal Conundrum? Msg# 1022195
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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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For reference, the above message is a reply to a message where: A Legal Conundrum? commentary by Joe Reynolds Drainage problems are one of the most troubling issues for many property owners in Ocean Pines. Unfortunately, things are potentially going to become much worse as a result of OPA General Manager John Bailey's drainage workgroup. Your actual drainage problems may not become worse, but you may find your wallet a lot lighter and your personal responsibilities much greater. Bailey was scheduled to present the board with a drainage report during the July 27, 2018 board meeting. That did not happen. Instead, Bailey said the following: "While the draft report is underway, the process has slowed down due to a very interesting development. Seems there is indeed a legal and practical conundrum as to who is responsible for the ditches." Bailey's words should set off alarm bells ringing for every association member. Bailey told the OPA Board of Directors he requested a legal opinion from OPA's attorney. The question is - who is responsible for maintaining drainage ditches in Ocean Pines? In short, Bailey apparently believes the various Declarations of Restrictions within Ocean Pines are a "murky" mess and he believes in many instances the individual lot owners, not OPA, are responsible for maintaining drainage ditches around Ocean Pines. What could this mean for association members? Since inception, OPA has maintained and been responsible for drainage ditches in Ocean Pines. Bailey is looking for legal justification to make individual lot owners responsible. If OPA's attorney agrees with Bailey, you could be receiving Declarations of Restrictions violations from OPA if inspectors deem ditches adjacent to your property are not maintained, or a pipe under your driveway is clogged. You then either correct the violation or OPA will send out a Public Works crew to do the work and send you a bill. Don't pay the bill and OPA will file a lien on your property. |
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