![]() ![]() ![]() Section 5: OPA Board Subject: July 15 B&R Committee Meeting Msg# 1164308
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I don't want to litigate Tom's case here, but . . .
I have no idea idea what you mean when you say this issue is not an HOA issue but rather "a trespass issue." He never trespassed anywhere, and he was (purportedly) banned from the amenities by the HOA Board. How on earth could it be "a trespass issue" and "not an HOA issue"?? You've lost me there. As for your theory of the OPA being like any other private property owner who can remove people from their property -- The OPA isn't like any other private property owners. The OPA is an incorporated association of members, all of whom have legally enforceable/contractual rights, set forth in recorded instruments, including in regard to use of amenities. The Board has certain powers and lacks powers not expressly granted to it in the governing documents. Hypotheticals can be useful to make a point. Imagine an argument occurring between a condo unit owner and its Board president, on the grounds of the condominium property in Ocean City. Now imagine a Board majority (including the Board president) banning the unit owner, summarily and without any hearing or other process, from the hallway outside his unit, because the Board president's unit is on the same hallway (and he feels unsafe); or banning the unit owner from the condo parking lot. Or Condo docks where the unit owner keeps a boat in his slip. Or all of those places. Under your way of thinking, this would be legally sound, right? No. And the notion that the OPA banning Tom equates to the OPA "exercising Maryland trespass laws"? I confess I don't know what you mean. The Board majority never "exercised any trespass laws," whatever that means to you. The Board majority purported to exercise power it does not have to ban a member from amenities, based on conduct of the member that it found objectionable, involving interactions with one of the Board majority. Had the ban not been set aside by injunction, and Tom had violated it in the eyes of the Board majority, I suppose the Board majority (and perhaps OPA police at the Board's direction) would have treated Tom as a trespasser. But none of that occurred, thankfully. |
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For reference, the above message is a reply to a message where: I believe Horn was simply confused about the law taking effect in October, as opposed to potential legislation. Of course, she should not be. To my knowledge, the board has made no mention of the pending new law in October dealing with disputes between association members and the HOA. That said, I don't see the Janasek issue as an HOA issue, but rather a trespass issue. With regard to the current court case, I am not a lawyer but it seems to me that OPA, as the owner of the Yacht Club property, can use Maryland trespass laws to keep anyone off the property, association member or not, for the sort of language and actions the plaintiff is accused of -- especially in a bar environment. And also, in that the Ortt Company does not operate with any sort of lease or ownership on the property and works purely as a management company directly under the control of the OPA General Manager - the manager of all OPA amenities. The issue of banning Janasek seems to be more a case of OPA exercising Maryland trespass laws to protect patrons at a public bar owned and operated by OPA. Of course, that issue will ultimately be decided by a court. Meantime, to my knowledge OPA attorneys have not even filed any positions for the defense. As a layman, it seems to me that OPA has every right to use the trespass laws to protect patrons, whether that law is used against an association member or a member of the general public. Board members need to learn to keep their mouths shut on certain issues. Until around 2010, the board had legal counsel at all meetings. Then a board member said it was too expensive and, "We don't need legal counsel because all this legal stuff is just common sense anyway." Then when Brett hill was elected to the board, they dumped Joe Moore and hired Tucker's firm. The board, far too often, acts without solid, considered forethought. |
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