8/7/2018 6:27:08 PM
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Section 5: OPA Board Subject: A Legal Conundrum? Msg# 1022260
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DR interpretation ultimately lies with the courts and members. Association members have the same right to seek DR enforcement as the board. Also, the board cannot change the DRs. Only the members can do so, and even without board aporoval or participation. | ||||||
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For reference, the above message is a reply to a message where: Joe, Two points: 1. I agree that Bailey should not be going down this road, at least not alone. The responsibility for interpreting the DRs belongs to the Board with reliance on the By-laws and Resolutions Committee. If those two entities are confused on the DRs as they relate to responsibilities of the drainage ditches in OP, then the Board should authorize the GM to spend money on getting a legal opinion, but not before. It seems like Bailey is doing this on his own ……… am I wrong? 2. Your commentary from earlier today suggested that the drainage committee was instrumental in the GM deciding to get a legal opinion. Please tell me I misread the commentary. Any OP resident who serves on a committee like this or any other does so voluntarily and may from time to time express frustration with things. Or should I have read your commentary to say that the GM used the drainage committee's diverse opinions with perhaps little knowledge on DRs and the like, as pretext for getting a legal opinion. |
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