8/7/2018 9:48:53 PM
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Section 5: OPA Board Subject: A Legal Conundrum? Msg# 1022296
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Jim, here is a discussion I started back on June 12, 2018.
Among the 119 posts in the thread, one will note a part of Bailey's handout back on June 12 contained a section titled "Who is Responsible and for What." Bailey went so far as to suggest the physical capabilities of lot owners should be considered in regard to individual lot owners maintaining their ditches. However, I do believe some of the criticism of Bailey is unwarranted. If, and it is a big if, Bailey is reacting solely to pressure from Slobodan Trendic with regard to who is legally responsible for maintaining ditches, then I submit Bailey is more responsible for causing this ruckus than Trendic. That aside, what SPECIFIC criticism of Bailey is unwarranted? He needs to make sure that any proposal is in accordance with property rights and responsibilities. Proposal? What proposal? Association members have been clamoring for decades for drainage problem relief. Bailey's excursion down some legal path, perhaps prompted only by Trendic, does nothing to solve any drainage problem. It will only cause more political strife for no good reason. Furthermore, for Bailey to suggest that OPA drainage policy may somehow hinge on the physical capabilities of individual lot owners and their ability to clean OPA ditches is one of the more preposterous potential policy ideas I've heard in 30 years. He suggested exactly that. I sat in the room and heard him say it, and reported on it the same day he said it. |
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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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