![]() ![]() Section 5: OPA Board Subject: Marty and the Trailer Msg# 743672
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Since an appeals court has apparently not ruled on this matter... how is it you know what they will decide? Did I say I "know" how an appeals court would decide? I don't think so. No one knows. Changing the DRs is extremely difficult, especially on a subdivision-wide basis. Keep in mind that the DRs are unique for each individual section of OPA. Thus those in section 4 might approve some proposed changes but those in section 10 might not. Messing with the DRs could end up with an enforcement nightmare. but it should be easy to draft language saying exactly what OPA wants to say. You could be wrong. Any major rewrite of the DRs for all sections proposed by OPA would result in the mother of all OPA political firestorms. It is good to have "food for thought" and discussion but it must also be tempered to some extent by the most critical issue of all when proposing DR changes -- what is likely to be approved by the members in each individual section. Also... keep in mind that any one association member can seek to have the DRs changed and the member does not even have to talk to OPA about it. All it takes is a mailing of a document detailing proposed changes to the association members in any one or more sections. If more than 50% in any section return the document as approved, the change can be filed at the county. This can be a relatively inexpensive process for any single section. |
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For reference, the above message is a reply to a message where: Joe: It would be interesting to see what the court actually said in its decision. The outcome is one thing... the reasoning and "dicta" are another. Since an appeals court has apparently not ruled on this matter... how is it you know what they will decide? If Maryland is like other states... the appeals court can only deal with errors in the understanding or application of law made by a lower court. Any facts found by the lower court should stand. The DRs can say whatever OPA wants them to say, within very broad limits. So.... OPA can change to clarify anything it wants about trailers and the like. Getting the changes approved by the membership is probably much more difficult... but it should be easy to draft language saying exactly what OPA wants to say. On a related matter... the section of the DRs that deals with vehicles that can carry more than a ton being excluded from parking probably applies to 95% of all pickup trucks now made and would, thus, exclude them... a really illogical result in today's environment. This matter needs to be re-examined and a whole new set of DRs written to cover things as they now exist. Language related to the beginning of Ocean Pines is likely no longer relevant and should be discarded. These comments are my opinion and are submitted a food for thought. Jeff Knepper
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