By Greg Ellison

(March 31, 2022) Final language changes to several bylaws sections proposed for revision were approved by the Ocean Pines Board of Directors during its meeting last Wednesday.

The last-minute revisions are part of a lengthy list of bylaws updates intended for a referendum vote by membership this spring.

The issues covered last week all involved board candidate eligibility particulars, including an expanded definition of owner of record.

Association President Colette Horn said the revamped definition for bylaws section 5.02A would prohibit corporate entities, including limited liability corporations and partnerships, from gaining board seats.

Horn said if such an entity was listed as an owner of record on property deeds its ability to sponsor an individual for the board would be prohibited.

Director Rick Farr questioned the inclusion of LLCs.

“Several LLCs in our community are owned by a husband and wife,” he said.

Farr said a number of private homeowners use the LLC designation for tax advantages.

Horn said the majority of LLCs in Ocean Pines are operated as rentals, in some instances short-term.

Horn also stressed an “inherent conflict” in corporate versus private ownership in terms of community loyalties.

“Corporate entities provide tax shelters on profits derived from the use of the property, not the value of the property, but its use to generate income,” she said. “That’s where the conflict lies.”

Bylaws and Resolutions Committee Chair Jim Trummel concurred with Horn.

“The principals are not directly responsible to the association,” he said. “That’s where the conflict of interest is.”

The proposed changes to owner of record in 5.02A also separates properties assigned to a trust, with both trustees and co-trustees qualified for board candidacy.

The board voted 6-0, with Farr abstaining, to approve the language revisions.

The board also reviewed changes to the board candidate registration application, which includes a number of detailed eligibility questions.

The recommended changes would require the association secretary to contact candidates to confirm applications were received and complete.

If an error occurs, the secretary would request the required information from the candidate in question. Omitted from an earlier draft was an option for the secretary to determine if an extension was needed if the requested data was unavailable prior to the June 1 submission deadline.

Lastly, the secretary would be tasked with notifying each candidate to verify qualification, with reasons for any denials, prior to turning the list of names over to the Elections Committee by June 1.

The proposed new candidate application form also includes “Attachment B” that delves into specifics, including when Pines property was purchased, as well as phone and email contact details.

Potential criminal history is also broached in the application attachment, including a question about felony convictions in the last decade.

Additionally, the form also asks if the candidate is “currently under investigation by local, state or federal agencies for any alleged crime.”

The candidate application also solicits background information, including social clubs/organizations, past OPA advisory committee membership, along with education history and work background.

The OPA is preparing materials to mail homeowners referendum ballots for bylaw changes with a voting deadline anticipated this spring. Precise dates are soon to be announced.

To review the entire list of motions for proposed bylaw changes slated for forthcoming referendum questions visit https://bit.ly/OPAmotions.

Existing bylaws can be found by visiting https://bit.ly/OPAbylaws.