You are wrong - again. The ECC/ARC has set a "restriction" on residential lots that is absolutely more restrictive than in the DRs...... As far as I'm concerned, that "question" has been asked and answered when the Builders' Assn challenged the coverage rule in court and lost.

It is indeed a sad day for all association members when the president of the OPA Board of Directors states that the Board of Directors and/or ECC has the authority to impose restrictions that are more restrictive than the Declarations of Restrictions.

It is equally sad when the president sees the Eastern Shore Builders case as having the effect of the court saying the board/ecc has the right to impose restrictions more restrictive than the DRs.

What your statement really says is you believe the Declaration of Restrictions is a document that has no meaning since it is subject to the whims of the board and/or ecc. A sad day indeed. Your comment is perhaps the most profound statement I've ever heard with regard to the Declarations, essentially saying the Board/ECC has absolute control over our properties well beyond the DRs.

Citing the Eastern Shore Builders coverage case as the court authorized authority to write rules with restrictions greater than imposed by the DRs is astounding. The court granted OPA no such authority in its decision. All the court did was to affirm the extremely broad authority over plans approval already granted to ECC in the DRs. The court decision in that case most certainly did not grant OPA the right to impose restrictions more restrictive than the DRs.

The DRs state:

E. The Committee shall have the right to disapprove any plans, specifications or details submitted to it in the event the same are not in accordance with all of the provisions of these Restrictions; if the design or color scheme of the proposed building or other structure is not in harmony with the general surroundings of such lot or with the adjacent buildings or structures; if the plans and specifications sub­mitted are incomplete; or in the event the Committee deems the plans, specifications or details, or any part thereof, to be contrary to the interests, welfare or rights of all or any part of the real property subject hereto, or the owners thereof. The decisions of the Committee shall be final.

When it comes to plans approval the ECC has absolute authority to approve or reject for virtually any reason, including coverage, and the decision of the committee is final.