1) A proposed change to Resolution M-02 (Amenities) was drafted to include a provision creating an appeal right and appeal process, before an appeal panel, as to any suspension by the GM of a member's right to use amenities (for violation of Rules). 

2) Colette Horn, Board liaison to the committee, shut down discussion of this, advising that the change should not be made according to OPA attorney Jeremy Tucker, for "various reasons" including the pendency of litigation. IMO the Board majority and Jeremy don't want to be making changes to this Resolution that overtly underscore the lack of due process and arbitrariness associated with their purported suspension of Mr. Janasek; Even though creating the appeal right would plainly benefit members in a broader sense and infuse some procedural and substantive fairness into the concept of GM suspensions. Elevating defense of their bad decision-making vis-a-vis Janasek above broader best interests.

3) Horn said Tucker's "strongest reason" for not creating the appeal process is that "there is no authority to create an appeal body." 

3) Committee member Lora Pangratz pushed back, advocating for the appeal provision on behalf of fairness to members. As she was articulating her views in this regard, Horn literally interrupted her and shut down further discussion, citing her (Horn) being a defendant in pending litigation where this could be an issue, or words to that effect.

4) Amazingly, Horn stated that there is "nothing" in the HOA Act authorizing the creation of the proposed appeal process (for amenity use suspensions by GM based on Rule violations), and that there "may be" new legislation introduced in the Fall that addresses this issue, suggesting the committee should stand down until then, on that basis. As aptly pointed out to Horn by committee members Habeger and Jacobs, the Maryland General Assembly isn't in session to pass legislation in the Fall (of any year), and any "new legislation" would have to wait for next year's session. Horn -- apparently unaware of this State's legislative session calendar -- responded with "Ok well that may be the case" or words to that effect. All of that is made more alarming by the fact that in May this year the Maryland G.A. passed (and Governor signed) a new law, which becomes effective in October 2022 -- H.B. 615 (11B-111.10 of HOA Act), which creates cure, appeal, hearing, and other rights benefitting any HOA member who has allegedly violated rules or covenants and whose rights the HOA/Board seeks to infringe upon in any way. This legislation has already passed and been approved by the Governor, and is existing law, becoming operative and effective in October of this year. Yet Horn represented in the public B&R meeting that some legislation might be introduced on this issue, that the committee should be waiting for that to happen, and that there is "nothing in the Maryland HOA law that we could rest upon with respect to" creating the contemplated appeal panel and process. 

Thought this might be of interest . . .