![]() ![]() ![]() Section 5: OPA Board Subject: Candidate Sign Violations Msg# 1188139
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Unfortunately, the poli = (many) ticks = (blood sucking insects) class is above the "law" at nearly every level. | ||||||
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For reference, the above message is a reply to a message where: Another Crop of Candidate Signs commentary by Joe Reynolds, OceanPinesForum.com Another Board of Directors election. Another year of mass OPA sign violations by association members placing board candidate signs on their property. Unfortunately, board candidates are as much to blame as the lot owners violating OPA sign regulations. Not to mention there is zero enforcement of these ongoing sign violations. First, let's eliminate the often-ignored elephant in the room - individuals running for election to the OPA Board of Directors are not candidates for public office. They are candidates for the board of directors of a private corporation. Such board candidate signs are not protected "political speech" under any federal or state laws. Board candidate signs are in the same category as any other signs prohibited by the Ocean Pines Association Declarations of Restrictions. Signs on individual lots in Ocean Pines are regulated by the Declarations of Restrictions in each section unless such regulation is overridden by any applicable federal, state, or local law. The various sections of the Ocean Pines Association may have slightly different sign restrictions, but all have something similar to those found in the original 12 sections. The Restrictions state: "All signs, billboards, or advertising structures of any kind are prohibited except upon application to and written permission from the Committee." OPA governing documents also include something called ARC Guidelines. These guidelines essentially clarify issues related to the enforcement of the Declarations of Restrictions by The Architectural Review Committee (aka Environmental Control Committee). Here is what the Guidelines say about signs: "Political signs supporting the election of a State or National candidate, or for the vote of a referendum, do not require ARC approval in writing before posting. Political signs may not exceed the size of any other sign. All other signs must first be approved by submitting a CPI Department Application for approval. More than one sign may be addressed in one application." The Guidelines say absolutely nothing about signs for board elections. Thus such signs are all prohibited under another section of the Guidelines stating: "All signs, billboards or advertising structures of any kind are prohibited except upon application to and written permission from the ARC. Any sign or flag not adhering to the requirements of this section may be removed by an authorized agent of the Association." As an aside, note that the Guidelines apply to flags as well as signs. Some association members install "flag signs," thinking they are not regulated. The Ocean Pines Board of Directors has ultimate enforcement authority over any violations of the Declaration of Restrictions. Yet each year we see yet another crop of candidates begin their campaigns by violating the very governing documents they pledge to enforce. Inadvertently perhaps, because too many candidates have little understanding of OPA governing documents. A solution is simple, yet not even addressed by boards over many years. Change the Guidelines to grant blanket approval for board candidate signs, spelling out sizes, placement, duration, etc. On the other hand, do association members really want to see board candidate signs sprouting like unwanted weeds every summer season? |
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