10/15/2022 7:51:09 PM
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Section 5: OPA Board Subject: Court Finds for Janasek Msg# 1173603
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I find it hard to believe that this judge would disagree with the management of a facility dealing with a malefactor at the time and a repeat offender with a stated time out. Association member or guest.
So, you believe employees at the Yacht Club, for example, can impose a "timeout," whatever that means, on an association member in good standing? If you said a member of the general public, not an association member in good standing, I would be likely to agree. Your view would give those employees greater authority than our elected Board of Directors. I wish your view was correct but based on the judge's opinion I do not think it is - at least unless and until OPA sets out some rules for use. |
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For reference, the above message is a reply to a message where: After reading the comments after my post, I stand by what I have said. I presume that outrageous conduct is dealt with by management as it should be. I find it hard to believe that this judge would disagree with the management of a facility dealing with a malefactor at the time and a repeat offender with a stated time out. Association member or guest. Trying to codify what would be known colloquially as the Janasek Rule would run into the "I'll know promiscuity when I see it" problem that has bedeviled courts up to and including the Supreme Court for years. If we must, how about this: Management of all Association facilities have the right and obligation to deal with unruly behavior by all members and guests at their discretion. |
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