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7/20/2022 4:42:45 PM

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Section 5: OPA Board
Subject: July 15 B&R Committee Meeting Msg# 1164309

From:

Joe Reynolds OceanPinesForum.com

Joined 8/1/1999

To:

Bruce Bright (Read)

Joined 8/7/2021

The letter from Viola gave the board reasoning for the ban and mentioned failure to comply would be treated as trespass.

I assume the court will ultimately address

Via Personal Service and Regular Mail
Thomas Janasek
17 Lookout Point
Ocean Pines, Maryland 21811
Re: Notice of Suspension from Beach Club, Yacht Club, and The Clubhouse Bar and Grill
Dear Mr. Janasek:
1 am writing at the direction of the Board of Directors of Ocean Pines Association,
Inc.
(*Association").
As you may be aware, at its June 9, 2022 Board meeting, the Board of Directors
("Board") voted to prohibit you from entering or being upon the Occan Pines Beach Club, the Ocean
Pines Yacht Club, and The Clubhouse Bar and Grill due to your behavior at the Yacht Club Tiki Bar on
May 20, 2022. The Board found and declared that your behavior on May 20. 2022 towards Mr. and Mrs
Wheatley and continuing after being physically separated from Mr. and Mrs. Wheatley by Matt Orit staff
was offensive, egregious, and caused a nuisance. The Board of Directors further found that it has a duty
under the Bylaws to take action to protect the safety of patrons at its amcnities.
Accordingly, on behalf of the Association and its Board of Directors, I am writing notify you
that, except as provided below, for a period of 90 days, commencing at time served on June 10, 2022
you may not enter or be upon, at any time for any reason, the following Ocean Pines properties:
1) The Beach Club Restaurant Bar and Grill, located at 4905 Coastal Highway, Ocean City, MD
21842;
2) The Clubhouse Bar and Grill and Patio, located between the qt and 10' holes of the Ocean
Pines Golf Course; and
3) The Yacht Club restaurant and the immediate surrounding the property, including the Tiki
Bar, the Yacht Club swimming pool and patio located at 1 Mumford's Landing Road Ocean
Pines, MD 21811
Should you enter any of these properties during this 90 day period after receipt of this letter it will be
considered a trespass. Malt Orti Companies has also been informed of the Board of Directors' decision.
We hope that after the 90 day period, there will be no further similar incidents. For clarity, during
this 90 day period, you arc only prohibited from entering or heing upon the above-referenced Ocean
Pines properties and are not prohibited from entering or being upon the other Ocean Pines properly.
Thank you for your anticipated cooperation
Sincerely.
John Viola, General Manager

For reference, the above message is a reply to a message where:
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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OPA Board Meeting - Golf Clubhouse
7/26/2025 - 9:00 A.M.

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8/9/2025 - 9:00 A.M.