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8/13/2018 6:24:11 PM

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Section 5: OPA Board
Subject: A Legal Conundrum? Msg# 1022978

From:

Jim Trummel

Joined 4/17/2005

To:

Jack Barnes (Read) Focus On The Pines

Joined 5/12/2004

I am in no manner suggesting, recommending or advocating that OPA become a "Social Services arena". My point is that it is reasonable for the GM to identify potential problems with changing owner responsibility for drainage.

I think that is clear from my comments.

I have no particular issue with your remaining comments.

In further comment, during the past review of Board Resolutions and creation of the Book of Resolutions, as chair of the Bylaws and Resolutions Advisory Committee it was my recommendation to cancel a resolution that provided a deferral of annual charge increases based on income levels. The resolution was based on state law regarding real property taxes increases. The cancellation was based on the resolution permitted a distinction between properties not in accordance with the governing documents.

Jim Trummel

For reference, the above message is a reply to a message where:
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. Shrug

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