8/27/2022 12:54:37 PM
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Section 5: OPA Board Subject: New Sheriff in Town Msg# 1168355
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I strongly agree with Joe Reynold's sentiment that it is better to look forward rather than look back, but in this case I wanted to make a point or two regarding the eligibility issue(s) that arose during the consideration of changes to our By-Laws. 1) Adoption of Section 5.02(a) barring any corporate entity from having an individual run for the Board was recommended by the By-Laws and Resolution Committee, passed unanimously by the Board (on which Mr. Farr sits) and passed by a wide margin by the voters in Ocean Pines. The underlying reason for the inclusion of the 5th restriction in candidacy found in that Section was to avoid any conflict of interest. The basic concern was whether a person whose residence was purchased by a corporate entity (in which that person had an interest) owed a greater allegiance to the corporate entity or to the residents of Ocean Pines. The language in question specifically exempts any trustee or co-trustee that may "own property in the subdivision." To the best of my recollection during the discussion in the committee, no reference was made to the Opinion and Order issued by the Court in the Farr case. In fact, I believe the language adopted by the Board was specifically reviewed to avoid running counter to the Court's decision in that case. 2) I think it is fair to say that any number of concerns could arise if one seeks to include the universe of "equitable owners" to real property here in Ocean Pines. 3) I acknowledge that "factions" exist in the myriad of issues that the residents and the Board consider. However, I think we could move quicker to looking "forward" and not back, if we could acknowledge and agree that though differences of opinion exist that does not make one a member of a "faction" or an enemy of another "faction"; it is just a difference of opinion and in addressing any issue differences of opinion will arise. I am looking forward to working will all of my fellow Board members, we will have differences of opinion, but I am confident that all of us can work through those differences in a constructive and civil manner.
Steve Jacobs |
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For reference, the above message is a reply to a message where: I'd point out that Jacobs was on the bylaws committee, which aimed provisions against any future equitable owner, a trust beneficiary, like Farr,-- provisions making them unable to become candidates. An issue ardently supported by Horne who was the board liaison to the bylaws committee. Perhaps you recall that some of us voiced the view that the class of equitable owners represented by Farr should not be locked out from becoming candidates in the future. Yet the faction represented by Horne & others had no problem at all flaunting the court's finding, pushing thru its new bylaw, formalizing the exclusion from running. They had no problems excluding an entire class of equitable owners, even though such class of owners are specifically recognized by the charter, for purposes of voting as an OP member. One can be an OP voting member. He/she can faithfully be paying our assessments. Can buy annual amenity memberships. But you can't run for the position of board member. That's Horne's view, as well as the bylaws people's views, for example Jacobs. Leads to the question--Who are those board folks most actively demonstrating bias against fellow members of OP as defined by our charter ?? Resembles an administrative sword thrown in Farr's and the court's direction. You can surmise my views. And some folks here have admired how Farr has conducted himself on the board, after winning his case. Yes, seems he's held no grudges at all, and he has given attention to the business at hand. Farr has demonstrated how a [former] equitable owner is a good choice as a board member. |
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