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5/18/2025 9:57:59 AM
 
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Section 6: ECC/ARC/CPI Subject: Latest CPI Violations Msg# 1225432
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Our board and management had two years to get in compliance with the changes and it was discussed many times in open meeting, but, a vote on rules and enforcement by homeowners, never happened. The board and management decided a vote by homeowners by section in OP was too complicated, and instead they have created a document purporting to give the board and management “super majority“ power to determine rules and enforcement, instead of by a vote of homeowners. There is no term as “super majority” in MD HOA law so how can this document be used to take our rights away? I urge every homeowner to read the easy to understand MD HOA law effective 11/1/22,
Such posts on Facebook and here, in my opinion, are very misleading. First, here is what the Declaration of Restrictions say: 14. Association's Right to Perform Certain Maintenance A. In the event an owner of any lot in the Subdivision shall fail to maintain the premises and the improvements situated thereon in a manner satisfactory to the Board of Directors of the Association, the Association shall have the right, through its agents and employees, to enter upon said lot and repair, maintain, and restore the lot and the exterior of the buildings and any other improvements erected thereon. Such right shall not be exercised unless two-thirds of such Board of Directors shall have voted in favor of its being exercised. The cost of such exterior maintenance shall be added to and become part of the annual charge to which such lot in subject. The Association shall not be liable for any damage which may result from any maintenance work performed hereunder. This right of the board under Sectrion 14 of the DRs remains fully intact even under the 11/1/22 Maryland law you reference. That new law simply requires new process before the board can go on a property and do maintenance. That process now requires that the lot owner have an opportunity to appear before the board of directors and make a case as to why the property is not in violation. OPA has incorporated that process into its process for handling violations, and complies with the new law in that regard, contrary to what you post.. To date, not one lot owner has chosen to dispute a violation before a PUBLIC special meeting of the Board of Directors. As for your onging suggestion to use the Attorney General's Consumer Protection Office as a means of complaing about board DR enforcement, I tried that route years ago. It is a waste of time. For starters, even if the Consumer Protection Office agrees with your complaint, the odds of seeing any enforcement action against the board are slim and none. Further, should the lot owner subequently go to court, I do not believe the Consumer Protection ruling is admissible as evidence by either party. Finally, I totally agree with your concerns and OPA's lack of enforcement of open burning in Ocean Pines. However, that issue will only be rectified via lot owner suing OPA or election of board members who will enforce the DR on open burning. |
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For reference, the above message is a reply to a message where: MD legislators created an office in AG to help homeowners who were having their rights trampled by unscrupulous boards and management who ignored the DR’s and try to force a homeowner into expensive litigation. It was also intended to keep the overwhelmed courts from dealing with DR violation cases because MD law requires lots of mediation between board/management and homeowners before anyone hires an attorney and goes in front of a judge. Former board director Frank Daly spent most of his term in office unsuccessfully trying to prepare Ocean Pines board, management and homeowners for changes in MD State HOA law effective 11/1/2022. Our board and management had two years to get in compliance with the changes and it was discussed many times in open meeting, but, a vote on rules and enforcement by homeowners, never happened. The board and management decided a vote by homeowners by section in OP was too complicated, and instead they have created a document purporting to give the board and management “super majority“ power to determine rules and enforcement, instead of by a vote of homeowners. There is no term as “super majority” in MD HOA law so how can this document be used to take our rights away? I urge every homeowner to read the easy to understand MD HOA law effective 11/1/22, especially the 2 pages about the required dispute settlement process. If an attorney thought they had a chance of taking a case related to DR enforcement and advancing it for the benefit of homeowner, it would have happened by now. It’s the job of AG motivated by homeowners demanding their rights that will launch an inquiry, not a private attorney. Thank you again. Mary |
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OPA Board Meeting - Golf Clubhpuse
6/28/2025 - 9:00 A.M. |
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OPA Board Meeting - Golf Clubhouse
7/26/2025 - 9:00 A.M. |
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Annual Meeting - Assateague Room
8/9/2025 - 9:00 A.M. |