The agenda for the 11/23/2024 OPA Board of Directors meeting includes a motion by Monica Rakowski for a first reading of some Resolution change for OPA to stop collecting a convenience fee from association members who pay their assessment via credit card. Word is this is related to some court case. What court case? Board members refuse to say. Top secret. "Double probationary top secret," as former Director Marty Clarke might say.

Rakowski's motion, if passed after a second reading, would not just eliminate the credit card "convenience" fee but also add any such charges absorbed by OPA as an operational expense! With the elimination of the convenience fee, the number of people paying via credit card is likely to explode as people can gain CC points without paying a CC fee.

Seems like it would be foolish not to pay by credit card if the Rakowski motion passes. Association member Amy Peck wrote, "If a 3% fee isn't charged, I will use my credit card and get the points." Association member Ken Koroknay replied to her, "You and 8,499 others."

If 8000 owners decide to pay via CC then the potential operational expense is around $240,000!

That means the budgeted assessment rate would increase by adding an expense of $240,000. Regardless of the amount, OPA would actually collect the "convenience" fee, and then add it to the budget/assessment. 

This makes no sense. Without the ability to collect a convenience fee, OPA should simply not allow assessment payments via credit cards. Essentially, eliminating the convenience fee forces all associations members who pay via check/cash to pay the convenience fees of those who pay via credit card.

Responding to an inquiry on OceanPinesForum.com, OPA attorney Bruce Bright cleared up the issue of this motion being related to some court case. Apparently that is not the case, despite several board members who seem to think otherwise.

Bright wrote, "The Board and management, after consultation with my office, believe the simpler and more administratively effective way to cover the cost of providing the electronic payment option to the members (and account for it), is by incorporating the projected aggregate cost into the operating budget, rather than through a per transaction 'convenience' fee/charge." Bright said OPA retains the right to charge a convenience fee as stated in the Maryland HOA Act, despite several board members who apparently believe otherwise.

Interestingly, sources tell OceanPinesForum.com that contrary to what Bright wrote, staff would prefer to continue the existing policy of charging the convenience fee to each lot owner who pays the assessment via credit card, rather than the process proposed by Rakowski. What OPA should do is keep the current policy, but allow payment of the assessment via a debit card with no convenience fee charge.

Rakowski's motion will impact all association members but there has been zero advanced discussion of the issue. While board members will say association members have an opportunity to comment prior to a second reading, that never happens as a practical matter. At the very least, this should be the topic of a Town Hall meeting before any such motion is made. The motion should be withdrawn until association members are informed on the issue and made fully aware of any and all options.