FILE PHOTO

By Josh Davis, Associate Editor

(Nov. 22, 2018) The Ocean Pines Association released a legal opinion related to drainage issues on Friday, and two board members offered slightly different takes on what it means.

In a Nov. 16 press release, the association announced it had “received an opinion letter from its legal counsel addressing the maintenance of the community’s drainage ditches.” Among other things, it establishes who is responsible for drainage channels in “Sections 1-14 that run along the roadways and the areas between those specific channels’ slope and the roadways.”

According to an excerpt from the memorandum included in the release, “In summary, the answer is that the Association is responsible to maintain and repair the drainage courses (i.e. the slope at the bottom of the ditch) and to maintain and ensure the stability of the slopes that run along the roadway.”

The release added, “The Association is not responsible to perform landscaping, including mowing, in these areas, unless it is necessary to ensure the functionality of these specific drainage courses or the slopes.”

The memorandum “reveals that Ocean Pines’ Declarations create a distinction between who is responsible for maintaining the drainage channels themselves and the areas generally, according to the opinion prepared by Lerch, Early and Brewer, Chtd., the firm that provides legal representation for the Association,” the release said.

The formal opinion of Lerch, Early and Brewer was not made public “because of ongoing litigation related to a separate drainage-related claim,” the release said, but the full opinion would “be considered as future drainage program plans, including the finalization of the community’s Drainage Report, are made.”

Asked how the opinion varies from current practices, Director Frank Daly said the difference could be significant.

“Right now the association handles the mowing between the street and the ditch,
he said. “It would appear that at some point in the past a conscious decision was made not to follow our DR’s and for the association to assume the responsibility for mowing.

“The effect of this decision is unclear to me at this time,” Daly continued. “I personally feel that given the overall drainage issues in the Pines that a well thought out and executed plan by the association would be in the best interest of all concerned. I think it is also important to recognize that we are not only talking mowing, but the maintenance of drainage under driveways. However, that approach seems to be in conflict with the DR’s in 14 Sections.”

Director Ted Moroney offered a slightly different take, stating that “nothing has changed in what we are doing” and “OPA is responsible for maintaining shape of the trenches.”

Moroney said two key questions remained: “Should OPA still be responsible for mowing those areas” and “Should OPA be responsible for debris that clogs the drainage areas like keeping leaves, branches etc.”

“As of now nothing has changed, but you could see status quo or maybe OPA continues to mow, but leaves and branches are the owners responsibility, or some other recommendation,” Moroney said. “The drainage report is being completed now that we have the opinion and will be presented to the board in the next several weeks.”

He added the board was in the process of reviewing the report.

“No decision has been made or even discussed,” Moroney said.