![]() ![]() Section 21: Community News Subject: Ortt and DeAngelus Split Msg# 1177201
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Jim:
Thanks for your outlook on this issue. As I do, going back 20 years or so, this issue was debated at great lengths. As I remember the only authority found in our DRs was at Section 14 “Right to perform certain maintenance“. At that time Caliban’s counsel argued that the ECC/CPI didn’t have the, I think they called it “license authority” assumed for county water and sewer officials or gas or electric company representatives that that allowed such access. Again, our counsel believed that a CPI employee who entered on to a privately owned property in Ocean Pines without owner’s permission was trespassing. Marty |
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For reference, the above message is a reply to a message where: 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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