8/13/2018 2:31:15 PM
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Section 5: OPA Board Subject: A Legal Conundrum? Msg# 1022904
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After the annual meeting, several comments have been made to the effect that the GM is "stupid" to be considering the impact on owners who may have resource or physical condition limitations that may inhibit their ability to comply with potential owner drainage responsibilities. No, the GM would properly be subject to criticism if he did not foresee such potential issues should owners be subject to drainage responsibilities not now in effect.
I am one that called the "concept" stupid. That is OPA drifting into the Social Services arena. In the past we have come close to that with suggestions for helping those who cannot afford their assessments, the recently defeated motion to raise assessments to help children of low income parents. We live in an HOA and the rules should apply equally to all. Income or physical limitations should be addressed outside the HOA by charitable or personal assistance. If drainage becomes mired in decisions of who to assist what about CPI violations or assessments? This is not a path OPA should go down. |
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For reference, the above message is a reply to a message where: My objection to some of the comments regarding the GM's drainage effort is that they act to delegitimize the proposal before any of it is made public. In my opinion, it is prudent that the GM seek advice from counsel regarding owner's drainage responsibilities as expressed in the DR's. The scope of the effort demands nothing less than a full understanding of the applicable obligations of owners and the Association. Jeremy Tucker's comments at the annual meeting indicate that there is reason to better identify respective obligations. The words and phrases in the DR's are not just filler. They have meaning and it is entirely appropriate to get advice regarding the meaning of the drainage provisions. After the annual meeting, several comments have been made to the effect that the GM is "stupid" to be considering the impact on owners who may have resource or physical condition limitations that may inhibit their ability to comply with potential owner drainage responsibilities. No, the GM would properly be subject to criticism if he did not foresee such potential issues should owners be subject to drainage responsibilities not now in effect. I have decided to limit myself to one "SPECIFIC" criticism example. Those who have questioned the GM's judgment, the pretext of his actions or his intelligence can can self-identify themselves in my comments and reply as they see fit. msg 1022246 (Joe Reynolds): class action should Bailey get his wish; definite possibility is an extreme effort to change the DR's; this nonsense initiated by Bailey. You forgot to add that the sky is falling down on Ocean Pines. Jim Trummel |
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