![]() ![]() ![]() Section 5: OPA Board Subject: July 15 B&R Committee Meeting Msg# 1164317
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Our position is pretty clearly stated in the case. The Board has no authority under the governing documents to "ban" members from amenities for conduct the Board finds offensive. Indeed, what IS set forth in the governing documents -- all cited in our papers -- strongly supports our position in this regard; and I would add that the General Assembly and the Governor, in enacting the new HOA law, seem to share a concern about HOA Boards taking unilateral action, not tethered to governing documents, to curtail member rights without, at minimum, notice, a cure period, appeal rights, and other procedural rights being afforded. | ||||||
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For reference, the above message is a reply to a message where: Don’t think I said he trespassed. The board ban said, I think, there would be consequences if he did. The judge granted a temporary restraining order. It seems you are saying OPA has no authority to ban any association member or others for what Janasek was accused of????? |
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