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5/19/2025 11:30:39 AM
 
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Section 6: ECC/ARC/CPI Subject: Latest CPI Violations Msg# 1225471
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I agree with you on many of your comments. Unfortunately, the general lack of interest in community politics by homeowners has given management and board members too much unchecked power. Whether its ignoring best business practices and not obtaining 3 bids on projects, lack of reasonable and consistent enforcement of the existing DR’s, changing DR’s without a vote of homeowners, launching an offensive on homeowners to enforce rules they knew nothing about, and other examples of abuse of power need to be checked.
Most homeowners don’t know what their rights may be in their section, or that they can get a hearing to contest a violation because there are still no published rules/enforcement and appeals processes for homeowners. A request to info@ for those documents goes unanswered because those policies don’t exist in writing. Most homeowners aren't studying HOA law, so they don’t know what their rights are under MD law. Homeowners depend on management and the board to keep them informed AND to insure their rights are upheld without keeping an attorney on retainer. The enforcement policies for DR violations and appeals process need to be published, by section. Soon. For 6+ years I have tried to get assistance from management and board to enforce the declaration of restrictions that I agreed to when I purchased and to provide me with the required public appeal process so I can dispute their opinion to protect myself and my property. Still waiting. The dispute resolution section of MD HOA law 11/1/2022, requires that homeowners and HOA follow a lengthy public appeals and mediation before either the HOA or the homeowner can consider going to court. If homeowners knew that the HOA can’t threaten a fine or lawsuit without following the lengthy process required by law, they might not be so intimidated by threats and push back. This year‘s candidate meet and greet will offer the community an opportunity to ask three incumbent officers how homeowners can comply with rules they don't know about and why the association won’t publish the enforcement and appeal process for DR violations? Mary |
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For reference, the above message is a reply to a message where: 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. |
| Calendar |
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. |