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Election reforms likely coming to Ocean Pines

(March 16, 2017) Because of controversy over how votes were counted during the last Ocean Pines election, Ocean Pines Association officials are considering some rule changes for this year’s contest.
Director Slobodan Trendic, the chairman of the elections committee, proposed several changes to Resolution M-06, which governs elections in the community, during a board meeting in February. Those changes were based on recommendations of the committee.
He pulled the proposed amendment at the start of the meeting, stating legal counsel had directed him to do so, but the committee met last week to review those recommendations and Trendic said the revisions would be discussed during a board work session on March 20.
“There were a couple recommendations the counsel suggested the committee consider. That’s where the committee is at the moment – they are evaluating those recommendations and also getting feedback from the bylaws and resolutions committee.”
Trendic said there would be no major surprises from the revised M-06 he presented last month.
If accepted, the biggest change in the rules would be the way the votes were counted. Previously, that was done during a closed session of the elections committee.
Last August, several board of directors candidates threatened to sue the association to force counting during an open session, claiming the current practice violated the Maryland Homeowner’s Association Act.
Two of those candidates, Trendic and Brett Hill, were elected.
“For me, and I think … for a lot of other directors, this was a major priority to make the necessary changes to the election process,” Trendic said. “The membership and the community have asked for more transparency and I think that’s what the resolution modification is going to reflect.”
Trendic said he was 99.9-percent sure votes would be counted during an open session this year.
Another major change — announcing the results of the election on the day ballots are counted instead of during the annual meeting on the following day – also remains in the proposed amendment.
“That is still, basically, consistent with what the committee recommended two months ago. They are still moving in that direction,” Trendic said. “That is still the plan, unless there are legal or governing rules that would prevent that from happening.
“That’s why legal counsel was asked to comment – to make sure that we are in compliance with our governing documents,” Trendic added.
The announcement of elections results had previously been used to drive attendance during the annual meeting, which is always held on the second Saturday in August. However, that typically followed lengthy reports from the treasurer, auditor, board president and general manager.
Trendic said he hoped the homeowners – not the outgoing board and OPA administration – would dictate future meetings.
“The annual meeting is a homeowner’s meeting – it’s not the board’s meeting,” he said. “I would love to see other committees provide input on how the annual meeting should be organized this year to hopefully create more excitement and more interest, so we don’t have a one-hour, dry presentation … by the treasurer. It’s like sitting down and reading annual reports of the stocks that I own – how exciting can that be?
“I’m hoping this year will be different in many ways – different from the way election results are announced, different in the way the ballot counting is going to be handled, and maybe different in the way the annual meeting is organized,” Trendic continued. “It’s up to the homeowners, individually and collectively, to provide input to the association and the board, and we would like to see more of that.”
Director Cheryl Jacobs, an attorney and the chairwoman of the bylaws and resolutions committee, said she agreed votes would almost certainly be counted in public during the next election cycle. She said there were lingering legal concerns over whether Ocean Pines bylaws prevented those results from being immediately revealed.
“I was very committed to making sure that we eliminated the controversy from last year’s election,” Jacobs said. “Had the elections committee not taken on this task, I would have personally done it and I said as much at one of our first bylaws and resolutions meetings.”
The bylaws and resolutions committee has worked with the elections committee on the reforms.
“I believe the rules permitted us to handle it the way we did last year, but I’m happy to see it’s changing so that it eliminates the controversy and we continue to abide by the existing rules and regulations for the upcoming election,” Jacobs said.
She said she did not favor announcing the results before the annual meeting.
“There is a possibility there could be a tie and then you have to deal with that, or someone could contest the outcome and ask for a recount,” she said. “All of those things could occur and you don’t really have the results verified until the annual meeting. It would be inappropriate, I think, to announce [the results] just at the conclusion of the counting.”
She added she would have liked to see more specifics in the amendment on where the votes would be counted and who would be permitted in the room.
“It’s probably going to be held in the same location [in the administration building]. If there’s too many people, who do you say can stay and who has to leave?” she said.