By Jack Chavez, Staff Writer
(Aug. 4, 2022) The Ocean Pines Association accepted the recommendation of the Bylaws and Resolutions Committee to consider resolution M-04 reviewed during its July 27 meeting.
The resolution states that its purpose is to establish criteria used in determining whether a lot violates the Declarations of Restrictions as a result of “unattractive growth” or the accumulation of “rubbish or debris.”
Association president Colette Horn said that the main issue was whether it was appropriate for the association to tend a privately owned lawn if the owner fails to do so.
“(It gives) authority for the association to engage in this action in DRs,” Horn said. “The committee believes no update is needed unless there is a change to the DRs on this topic.”
No change to the DRs means it should be considered reviewed, she said.
Director Doug Parks questioned if this should be a matter that reaches the board at all — suggesting that perhaps the Bylaws and Resolutions Committee should be able to sign off on a review themselves.
“In concept it’s fine,” Parks said. “Having been the chair of (that) committee many years ago, listing all the bylaws and when they were last reviewed when they were last submitted to the HOA depository. I don’t recall when we went through and realized there had been no changes at the committee (level) … that we had to report up to the board to say please verify our recommendation.”
Director Frank Daly pointed out that right now there is a motion to amend the DRs regarding short-term rental properties, and thus suggested that if the board is to amend any of the DRs, it should speak with the committee.
“(We should) get them in front of us pretty doggone quick,” Daly said, “simply because — and we should be thinking maybe having this as a separate discussion after they report to us — it is so complex to do. It’s not an easy task.”
He suggested that instead of going through the DRs and changing them one at a time, the DRs up for potential change should be looked at in one take.
With no change to the DRs at the July 27 meeting, Horn signed off on M-04 as officially reviewed.
The board then moved onto a motion to declare the existence of open violations, meaning that property owners with longstanding open violations would have their voting rights suspended and amenity access revoked, so long as the violations remain open.
A couple of the directors were skeptical of how effective the motion would be.
Daly brought up one violation that has been open since 2008.
Parks pointed out that some property owners will simply look at the ruling and say “so what?” and asked how they could enforce the ruling, especially with amenity access.
Horn said that administrative assistant Linda Martin had identified a “mechanism” in the North Star operating system that will preclude suspended members from using amenities.
The motion passed unanimously.