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4/4/2025 2:20:40 PM
 
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Section 5: OPA Board Subject: Ditches Msg# 1223128
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Harry, welcome to the Forum. The DRs could be written better to the responsibility for frontal drainage ditches. Let's start with 12C of the DRs. You and others have made the argument that because the word "drainage" appears in 12C that OPA is responsible for the front drainage ditches. I take a different view. I read 12C as it pertains to front ditches as OPA is responsible for the slope of these ditches (not the clearing or mowing) to make sure water flows from one lot to another, i.e. appurtenant drainage.
The key section is 10. 10A defines the front drainage ditch easement and makes no distinction as to ownership of the easement. 10D puts the burden on the lot owner to maintain the front drainage ditch regardless of ownership. Like you, I have the original four lot pins. In my case, 9 feet of the 10 feet front drainage easement as defined in 10A is outside of my property. But, because section 10 does not distinguish ownership of this easement it's my opinion that when I signed my copy of the DRs I agreed to rake leaves out of my front ditch and mow it even though its mostly owned by OPA. I hope this helps. |
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For reference, the above message is a reply to a message where: The key words are "on the lot". The right of way, which includes the ditch, is not on my lot, it is adjacent to it. I would point out to you that Section 12C of the Declaration is very clear that the responsibility of the ditches belongs to the Association. "The Association shall be responsible for insect control, for maintenance, repair and upkeep of private streets, and parks within the Subdivision; the appurtenant drainage and slope easements reserved by the Declarant; ..." No where in the Declaration does it say that land outside of my lot is my responsibility. What is so hard that "on the lot" is not crystal clear to everyone? Ocean Pines does not know where the lot begins and ends. I have a current survey and I know exactly where my lot begins and ends. Ocean Pines is taking advantage of the homeowners. It is time for this to stop. Can Ocean Pines Forum hold a Town Hall Meeting so we can form a Task Force to combat the terror being perpetrated on our owners? |
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