Point home owners look to complete turn over agreement
OCEAN PINES—The homeowners in Section 17, The Point, are working in conjunction with the Ocean Pines Association to find a way to complete the development’s “turn over agreement,” which deeds ownership rights to the OPA. The OPA maintains the common areas, roads and stormwater management system of the subdivision, Kathy Brennan, president of The Point Homeowners Association, Inc. said April 1.
Brennan spoke about the effort to complete the agreement in an interview with Carol Terry, treasurer of The Point HOA.
Brennan said OPA legal counsel Joseph Moore, of the firm Williams, Moore, Shockley & Harrison was in the process of conducting research on how to obtain an agreement without the signature of the original developer, who had left the area and could not be reached. She said the parties were seeking to model the agreement after a similar turn over agreement that exists between the OPA and The Parke at Ocean Pines.
Brennan said the homeowners discovered the original developer of their subdivision, David Meinhardt, had not complied with the turn over agreement he initially signed with the OPA. The agreement required developers to deed, or turn over, the open space land title rights to the community’s out lots, roads, and stormwater management to the OPA, which would in turn maintain them.
“He’s just gone and nobody can reach him,” Brennan said of Meinhardt.
Apparently all of the OPA’s other developers complied with their turn over agreements and despite the agreement with Meinhardt being incomplete, The Point’s homeowners have been paying OPA membership dues.
Brennan explained that completing the agreement would finally and officially put The Point’s homeowners on par with the other member developments in the OPA community.
As did all of the other developers, Meinhardt signed with the original turn over agreement, however he did not complete the final actions, according to Brennan.
The type of agreement The Point’s homeowners are seeking would identify which areas of the point the OPA would be responsible for maintaining and the scope of those services, according to Brennan. “We’re taking baby steps right now,” she said in describing where the parties were in the process.
Even with a turn over agreement, the OPA would not maintain all of The Point’s common property, according to Brennan and Terry. Aesthetic items including a foundation in The Point’s stormwater pond, signage and its unique lights and posts, would be maintained by The Point.
[CORRECTION: A previous article said the clubhouse would be part of the agreement between The Point HOA and the OPA. The article should have said the clubhouse would not be part of the agreement between The Point and the OPA.]
Terry said the roads of the community are part of Worcester County’s road inventory. The road inventory designation indicates the roads have met all the county’s standards required to be counted as public roads that belong to Ocean Pines, a county official confirmed on April 1. The road inventory is used for purposes of the county receiving highway user fee revenue and for providing address information used by emergency services departments, the official explained.
Brennan said it was unclear what the cost of pursuing the completion of the agreement would be, but for now the OPA and The Point HOA are each paying for the legal costs of their respective counsel. The two associations would likely share the court costs, if there are any, she surmised.
Also, any additional maintenance that might be called for that was beyond the routine maintenance provided by the OPA under the agreement is already paid for by The Point HOA, according to Brennan.