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6/24/2010 9:31:42 PM

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Section 5: OPA Board
Subject: Marty and the Trailer Msg# 743586

From:

Nancy Weber

Joined 5/5/2004

To:

Joe Reynolds (Read) OceanPinesForum.com

Joined 8/1/1999

Joe,

In the original DR's # 1 means any mannner of dwellings.You can have a temporary construction shack.....but you cannot sleep in it .....EVER!

All these issues were made quite clear to all of us who were here at the time. There were about three houses when we bought our lot. The ONLY option for dwellings was the campground for most for quite a while.

Boise did everything in their power to make us very happy....I must say....and we all appreciated it. We knew that nothing but trees and laurel bushes could be on our lots.

I really don't see the need to REWRITE HISTORY. There are plenty of people still in The Pines who know the history.

How hard would it be to come up with some creative ideas to solve this problem!

It is all about aesthetics and the Boat People should be included in trying to make those awful looking ones appear more visually acceptable.

There are a LOT of homes for sale in Ocean Pines....hundreds, in fact. People have to make a living. I am sure that we can figure out a way for some to keep their supplies at hand.

Having hundreds of empty homes is not good for the community.

We need to THINK SMARTER and solve the problems.....not quibble over some words on a page that many people have understood for 42 years and others are trying to reinvent!

Nancy

For reference, the above message is a reply to a message where:

As far as I now there has never been a DR change relative to trailers, unless a trailer is legally a vehicle..

A judge has previously sided with OPA in a case regarding a box trailer like Marty's.

I believe there has only been one DR change, back in 199o. Amone the items changed was this:

8 A (o). shall be amended as follows:

"No vehicle shall be parked on any street in the subdivision. No vehicle, with a load capacity of one (1) ton or greater, including but not limited to commercial trucks, trailer trucks, and buses shall be parked or stored overnight or longer on any lot in the Section or Subdivision in such a manner as to be visible to the occupants of other lots in the Section or Subdivision or the users of any street, waterway or golf course within the Section or Subdivision, unless the prior written approval of the Committee has been obtained."

The Guidelines on storage trailers are not based on the above, rather on the original Dr wording regarding trailers:

1. Trailers. Paragraph 8.A. (b) of the Declarations of Restrictions of Ocean
Pines states "No temporary house, trailer, tent, garage or other outbuilding
shall be placed or erected on any lot, provided, however, that the
Committee may grant permission for any such temporary structure for
storage of materials during construction. No such temporary structure as
may be approved shall be used at any time as a dwelling place, nor shall
any overnight camping be permitted on any lot.

As far as I am concerned the DR above precludes ALL trailers, including boat trailers. How can OPA arbitrarily say the above DR allows boat trailers but not box trailers? I think Marty might well have a good case at the appleas level but doubt it will get there.

Here's a good legal question: Is a box trailer a vehicle? Is a boat trailer a vehicle? If the answer to both is YES then ECC can grant exceptions for both under any conditions.

The corker of all, however, is the line:

No vehicle shall be parked on any street in the subdivision.

This alone makes the DRs a bit of a joke in terms of OPA stating how necessary it is to enforce them.

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