![]() ![]() Section 5: OPA Board Subject: CPI Access to Inspect Msg# 1231630
|
||||||
Joe:
Again, I’ll take that bet. I have the utmost respect for Mr. Bright but don’t agree with his opinion on this matter. Caliban’s attorney had the exact opposite opinion in the late 80s. The funny thing is our attorney at that time was Chip Gordy. Chip was a founding partner of the firm Mr. Bright is associated. Marty |
||||||
|
||||||
For reference, the above message is a reply to a message where: Here is what OPA counsel Bruce Bright wrote about the issue on this forum: “The authority that CPI has (as stated in M-01) to go onto properties, reasonably and when absolutely necessary, to inspect for violations, is (in my opinion) legally implicit, based on the restrictions and prohibitions contained in the DRs and the associated enforcement powers. Without the ability to ascertain whether, where, and to what extent violations exist on properties, which in some cases might require entry to conduct an inspection, violations might continue unabated, might be hidden from view, and enforcement of the DRs might be rendered impossible in some cases. I believe a Court would agree.” |