![]() ![]() ![]() Section 21: Community News Subject: Ortt and DeAngelus Split Msg# 1177198
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I'm going to limit my comments to some history on the issue.
I believe the starting point should be whether there is a governing document provision, particularly a DR provision, that authorizes entry onto a lot. I'll leave the research to those interested in the issue. The original M-01 (Compliance Procedures), dated December 16, 2009, gave the GM authority to have CPI inspectors enter lots without member's permission to conduct inspections. However, this was stated to be done on "rare and limited occasions". No governing document authority was cited in the resolution. There was an extended discussion of violations status and procedures at the May 24, 2014 Board meeting. The minutes indicate that the then Association counsel was asked "how far we can go to investigate; can we go onto the property , look under car covers?" (The discussion involved junk and unregistered vehicles) "(Counsel) said an OPA CPI officer may go on property to investigate as long as nothing/no one is disturbed." There was no reference to a governing document authority. M-01 was completely revised May 2, 2020 and is the current version in effect. The prior 2009 provision regarding the GM's authority to have property entered for inspection purposes was deleted. Although the current version does not bear a legal review signature, Association counsel (current) significantly participated in the drafting and review of the approved resolution. Jim Trummel |
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For reference, the above message is a reply to a message where: Jim, care to comment on the sign confiscation item in the Guidelines? It says OPA can go on private property and remove signs. Can the board turn over that sort of blanket authority to inspectors? |
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