8/14/2018 11:05:03 AM
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Section 5: OPA Board Subject: A Legal Conundrum? Msg# 1023042
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Jim, you wrote, "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."
These two statements seem to be somewhat at odds. As was the case with the deferred annual charge item, there is no distinction in our documents allowed for homeowner resources or physical condition. If the DRs clearly and unequivocally say that owners are responsible under the DRs for certain drainage responsibilities, the DRs should be enforced with no consideration of income or physical ability of the owner. |
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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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