It seems some members of the OPA Board of Directors remain confused over whether a CPI inspector may go on a property without permission of the owner to check for reported violations.

On November 9, 2007, then OPA General Counsel Joseph E. Moore sent a written legal opinion to then General Manager Thomas Olson addressing:

"Authority of CPI Inspectors to enter upon property within Ocean Pines for the purpose of inspection related to compliance with the Declaration of Restrictions/ARC Guidelines."

The opinion is somewhat lengthy. It was requested after a lot owner threw a flashlight at an inspector and then ordered him off the property.

Included is this sentence:

"An inspector entering upon property for the purpose of observing the contractual obligation of compliance with the Declarations of Restrictions is, under Maryland law, at the least, a licensee privileged to enter another's property."

Moore then offered to file a complaint for Declaratory Judgement in the Circuit Court for Worcester County. He said such action would be warranted since there was an actual controversy for the court to determine.

Presumably, this would be to ask the court to decide if inspectors can go on properties to inspect. I find no record that ever happened.

Moore then suggests  the option of  using the Declarations of Restrictions section allowing OPA to go on property and actually do maintenance and repairs and bill the owner after a 2/3 vote to do so, and use that as a reason to go on any specific lot.

Moore wrote, "Obviously, a 2/3 vote to allow the entry upon land without the additional intrusive and extraordinary maintenance or restoration of the lot or buildings would be, in my judgement, upheld by any court."