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Attorney Joe Moore reverses opinion in memo to OP board

(Aug. 27, 2015) One day after Joe Moore defended his advice during an Ocean Pines Board meeting on the legality of another meeting – which never actually took place – the Ocean City attorney sent a memo to the board reversing his opinion and apologizing for any confusion he caused.
Moore originally said he believed new board members’ terms began after being sworn in during the organizational meeting – not upon their election at the annual meeting.
In the memo obtained by the Gazette, dated Aug. 18, Moore said his confusion was based on a section of Maryland code addressing corporations and associations that read, “until successors are elected and qualify, the board of directors consists of the individuals who are on the present board.”
Under those guidelines, Moore said “the qualification of a director is twofold; first, their election and second, their ‘qualification.’”
Ocean Pines bylaws, however, seem to differ.
Moore cited section 5.01 of the community bylaws that reads, “The terms of the Directors shall be for three (3) years and until their respective successors are duly selected.”
“The language of the By-Laws, therefore, differs in that respect from the language of the Corporations & Associations Article in that the Directors [sic] term begins under the language of the By-Laws when the Director is ‘selected’ which is, of course, at the election,” he wrote.
He continued, “Under the OPA By-Laws, therefore, a Director becomes “De Jure” [an official board member] upon his or her election.”
Moore said he regretted the controversy caused by his prior advice.
“It is appropriate, in my judgment, for me to express my regret to the board members collectively, for my inadvertent responsibility in causing the controversy which, was unfortunate and one for which I will accept responsibility.”