8/13/2018 7:51:17 PM
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Section 5: OPA Board Subject: A Legal Conundrum? Msg# 1022990
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My point is that it is reasonable for the GM to identify potential problems with changing owner responsibility for drainage.
Who said owner responsibility for drainage is changing? This was a non-issue until created by the GM and/or Slobodan Trendic. I predict owner responsibility for drainage will not change. Heck, one can probably search the DRs for any number of things and spend untold dollars on attorney fees for no good reason. That is exactly what is happening here. 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. Yes, I recall that. I believe it was George Coleburn who may have made that motion back around 2005 and the board passed it. I said at the time it was a stupid idea and was very pleased when it was eliminated. That said, the cancellation was not based on any court interpretation or decision. It was ended just as it was started - by a board vote. And some future board could well pass the same stupid resolution again. |
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For reference, the above message is a reply to a message where: 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 |
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