With ballots already cast, late tip to board calls into question home ownership

By Greg Ellison

(Aug. 5, 2021) With scarcely two weeks remaining before the end of voting in the Ocean Pines Board of Directors election, candidate Rick Farr was declared ineligible to run by the board following a special meeting Friday.

The board’s decision was apparently based on matters involving the transfer of property ownership through a family trust.

Board Secretary Camilla Rogers has subsequently scheduled a special meeting for Monday at 4 p.m. in the Golf Clubhouse to determine if a new election should be held, or if not, how to account for the votes cast for Farr.

Rogers said Farr was a successor trustee on the property deed for 21 Birds Nest Drive until after his mother passed this May.

On Saturday, Rogers issued a statement claiming Farr failed to meet candidacy eligibility requirements to run for the board.

“The 2021 board election and annual meeting will proceed as scheduled, but the Election Committee will be instructed that any vote for Mr. Farr will be invalid, and the Election Committee is to count the remaining votes consistent with OPA’s Bylaws and Resolutions,” she wrote.

Rogers said any votes for Farr would not be counted but other ballot selections would remain valid.

“To be eligible for election to the board of directors, a candidate must ‘be one of the owners of record of real property in the subdivision [Ocean Pines] on the first day of January of the year in which the election is to be held and eligible to vote,’” she wrote.

Rogers said an earlier determination that Farr was qualified was made in error.

“Upon learning of this ownership issue on July 27, 2021, I, and OPA’s legal counsel immediately contacted Mr. Farr by phone to alert him of the concern and requested documentation to support he was the owner of record of 21 Bird Nest Drive as of January 1, 2021,” she said.

Rogers said on Saturday at 3 p.m. Farr’s legal counsel provided documentation indicating he is the current trustee of the Farr Living Trust, which owns the property.

“The letter and the trust document included no additional facts or opinions that would lead me to conclude that Mr. Farr was the owner of record … as of January 1, 2021,” she said.

Rogers said the board convened later on Saturday and opted to proceed with the election but would invalidate votes cast for Farr.

During the meeting on Friday, Farr took exception with the proceedings.

“The process for vetting our candidates needs to be looked at again,” he said. “No other candidate has had to go through this 12 days before an election.”

Association attorney Jeremy Tucker said Farr became trustee of the property on or after May 17.

“There is no indication he was trustee before that date,” he said.

Director Tom Janasek asked how the issue came to light at the last moment, with the Aug. 11  ballot submission deadline just a few days away.

“These accusations are getting a little ridiculous,” he said.

Director Doug Parks, while acknowledging the importance of adhering to governing documents, also asked that a summary of related legal fees be released to the public.

“Since we represent members of Ocean Pines, it’s important to report to them the cost in legal dollars,” he said.

For his part, Farr said he has lived full time in Ocean Pines since 2019 and paid all annual assessments since that point.

“I believed I was qualified when I chose to run, and still believe I meet the requirements of our governing documents,” he said.

Farr said the family trust dates to Feb. 2018 and includes himself and a relative, Lisa Marie (Farr) Donahue, as successor co-trustees.

“My attorney, who is a trust/estate attorney, has said, and continues to say, that I have been the owner since 1/1/19,” he said.

Farr also noted the decision to invalidate was made preemptively.

“I am disappointed that the announcement was sent disqualifying me by Cami Rogers on Saturday, July 31 … when my attorney was still in active discussions with Jeremy Tucker,” he said.

Farr expressed confidence additional documents would clear up the matter.

“I never intentionally mislead or misrepresented myself to this community,” he said. “I will not be able to answer or debate anyone further until after all information has been shared with Jeremy Tucker and Cami Rogers and a true final decision has been made.