8/7/2018 7:41:47 PM
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Section 5: OPA Board Subject: A Legal Conundrum? Msg# 1022274
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Cleaning the ditches is only a part of the problem with drainage. The main problem in Section 2 & 3 is insufficient sediment ponds and not implementing the drainage plan as layed out by the engineers that surveyed the area. I don’t think home owners are responsible for the lack of inspections by both Worcester County and the OP Association to assure contractors complied with drainage requirements.
I personally don’t have a problem with homeowners being responsible for cleaning ditches in front of their house and maintaining their driveway culver. We have done that since we moved here in 2001. However there are very large drainage ditches that drain the sediment ponds that would be difficult for a homeowner to maintain. I hope our new General Manager is not so focused on who cleans the ditches that he can’t see the real problem with drainage in our community. |
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For reference, the above message is a reply to a message where: A Legal Conundrum? commentary by Joe Reynolds Drainage problems are one of the most troubling issues for many property owners in Ocean Pines. Unfortunately, things are potentially going to become much worse as a result of OPA General Manager John Bailey's drainage workgroup. Your actual drainage problems may not become worse, but you may find your wallet a lot lighter and your personal responsibilities much greater. Bailey was scheduled to present the board with a drainage report during the July 27, 2018 board meeting. That did not happen. Instead, Bailey said the following: "While the draft report is underway, the process has slowed down due to a very interesting development. Seems there is indeed a legal and practical conundrum as to who is responsible for the ditches." Bailey's words should set off alarm bells ringing for every association member. Bailey told the OPA Board of Directors he requested a legal opinion from OPA's attorney. The question is - who is responsible for maintaining drainage ditches in Ocean Pines? In short, Bailey apparently believes the various Declarations of Restrictions within Ocean Pines are a "murky" mess and he believes in many instances the individual lot owners, not OPA, are responsible for maintaining drainage ditches around Ocean Pines. What could this mean for association members? Since inception, OPA has maintained and been responsible for drainage ditches in Ocean Pines. Bailey is looking for legal justification to make individual lot owners responsible. If OPA's attorney agrees with Bailey, you could be receiving Declarations of Restrictions violations from OPA if inspectors deem ditches adjacent to your property are not maintained, or a pipe under your driveway is clogged. You then either correct the violation or OPA will send out a Public Works crew to do the work and send you a bill. Don't pay the bill and OPA will file a lien on your property. |
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