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8/7/2018 8:44:28 PM

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Section 5: OPA Board
Subject: A Legal Conundrum? Msg# 1022286

From:

Joe Reynolds OceanPinesForum.com

Joined 8/1/1999

To:

Jim Trummel (Read)

Joined 4/17/2005

Thanks. Sounds like you and Marty are in agreement. I like the committee response. I suppose Bailey and Trendic did not. ${#emotions_dlg.icon_smile1}$

As for Bailey, he is the one pushing this. To my knowledge, the board never asked him to look into the issue or to spend association dollars on a legal opinion.

Trendic can ask any questions he chooses. When did requests from any single director require action by a GM to request a legal opinion or a committee to provide a response? The board needs to act as an entity.

For reference, the above message is a reply to a message where:
Copied below is an excerpt from the minutes of the June 1, 2018 meeting of the Bylaws and Resolutions Advisory Committee. The complete minutes can be viewed on the Association website. The question considered was one of four received from Director Trendic. Three of the questions were not relevant to drainage. I do not have a personal comment beyond what is in the minutes. However, I do believe some of the criticism of Bailey is unwarranted. The drainage effort is not inconsequential in either the potential cost to the Association or impact on individual owners. He needs to make sure that any proposal is in accordance with property rights and responsibilities.

2. Who is responsible for maintaining streets’ drainage ditches, OPA or a homeowner? The Committee does not see a conflict between the DR section 10.D requiring lot owners to maintain drainage easements and DR section 12.C in which OPA is responsible for maintenance, repair, and upkeep of drainage and slope easements. The 10.D provision intent is that lot owners cannot interfere with drainage; in 12.C OPA, is identified as responsible for maintaining drainage. It was also noted that throughout OPA drainage ditches are likely to be in the rights of way for which OPA is responsible. It was also noted that this question is beyond the scope of this Committee’s responsibility to provide further comment on the interpretation of these provisions.

Jim Trummel

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