OCEAN PINES – To clean up or not to clean up a yard – that was the question before the Board of Directors meeting on Oct. 23, along with two other property rights issues.
The Ocean Pines Association Board of Directors, considering a trio of community violations, took to several different paths of action.
Reacting to two violations on 93 Whitehorse Drive, including furniture laying in the yard, Vice President Marty Clarke moved for the Board to file an injunction.
“That sofa is personal property,” he said. “I would move that we find the member in continuing violation and direct our attorney to file an injunction to give us the opportunity to remove the trash.”
Director Sharyn O’Hare seconded, while President Dave Stevens took issue.
“I don’t know that we absolutely need an injunction to remove trash or personal property, if you will, that is in such a state of disrepair that it is not usable,” he said.
Stevens said the matter was in the eye of the beholder.
“It’s in the eye of the judge,” Clarke said.
“We have restrictions that absolutely forbid you from leaving couches out in the backyard, “Stevens said. “They’re violating our restrictions.”
Clarke agreed – on principal.
“We have gotten our you-know-what in a ringer in the past,” he said. “We cannot go on somebody’s property and take what any one person in a million years could construe as personal property. We’ve been through this. We’ve had the lawyer sit right here and tell us this.”
O’Hare said Ocean Pines attorney Joe Moore already contacted the homeowner, saying, “Do something or we’re going to take the next step.”
“This is not a big deal,” she said. “This is removing some junk.”
“As much as I agree with Marty, we can’t break the law,” Parliamentarian Tom Terry said.
Clarke restated his motion.
“Find him in continuing violation, go to Joe Moore and find out the fastest possible legal way to get that stuff and make it happen,” he said.
The Board voted unanimously in favor.
The directors also heard a complaint about multiple violations, including lack of screening on a propane tank, on 1260 Ocean Parkway.
Clarke motioned Ocean Pines install screening and send the bill to the homeowner, saying a supermajority vote would give the board the right to take such action.
Terry seconded, and Stevens said he would vote in favor as a “test case.”
“I think if we’re going to go on somebody’s property, we have to have the right to do it,” said O’Hare. “If you can’t take junk off the property than what makes us think we have the right to put something on their property?
Clarke cited Ocean Pines’ Declaration of Restrictions that gives the association the “Right to Perform Certain Maintenance,”
Stevens moved to enter the property and screen the tank. The motion passed 5-2.
“Make sure we’re on record that we voted against it,” O’Hare, who voted with Terry, said.
A third violation, 745 Ocean Parkway, was sent to Moore for action.
Reached for comment Moore said such cases were determined on a case-by-case basis.
“The declaration of restrictions allows the board of directors by a supermajority vote to go onto property and maintain it in a manner satisfactory to the board,” he said. “I have advised the board in the past that that is to be determined on a case-by-case basis. There is a provision of restrictions that allow the board to determine that, but there’s no blanket situation.”
Moore could not recall an instance when an Ocean Pines property owner objected to such action.
“The alternative, or course, is where the board instructs me to go forth with injunctions, which we do on a regular basis,” he said. “In many instances, if it’s easier just to use self-help, I’ve advised the board to avoid the expense of the litigation and go-ahead and do it.”
Moore had not seen either of the cases sent to him by the board last week, and declined to comment further.
The Ocean Pines Association Board of Directors, considering a trio of community violations, took to several different paths of action.
Reacting to two violations on 93 Whitehorse Drive, including furniture laying in the yard, Vice President Marty Clarke moved for the Board to file an injunction.
“That sofa is personal property,” he said. “I would move that we find the member in continuing violation and direct our attorney to file an injunction to give us the opportunity to remove the trash.”
Director Sharyn O’Hare seconded, while President Dave Stevens took issue.
“I don’t know that we absolutely need an injunction to remove trash or personal property, if you will, that is in such a state of disrepair that it is not usable,” he said.
Stevens said the matter was in the eye of the beholder.
“It’s in the eye of the judge,” Clarke said.
“We have restrictions that absolutely forbid you from leaving couches out in the backyard, “Stevens said. “They’re violating our restrictions.”
Clarke agreed – on principal.
“We have gotten our you-know-what in a ringer in the past,” he said. “We cannot go on somebody’s property and take what any one person in a million years could construe as personal property. We’ve been through this. We’ve had the lawyer sit right here and tell us this.”
O’Hare said Ocean Pines attorney Joe Moore already contacted the homeowner, saying, “Do something or we’re going to take the next step.”
“This is not a big deal,” she said. “This is removing some junk.”
“As much as I agree with Marty, we can’t break the law,” Parliamentarian Tom Terry said.
Clarke restated his motion.
“Find him in continuing violation, go to Joe Moore and find out the fastest possible legal way to get that stuff and make it happen,” he said.
The Board voted unanimously in favor.
The directors also heard a complaint about multiple violations, including lack of screening on a propane tank, on 1260 Ocean Parkway.
Clarke motioned Ocean Pines install screening and send the bill to the homeowner, saying a supermajority vote would give the board the right to take such action.
Terry seconded, and Stevens said he would vote in favor as a “test case.”
“I think if we’re going to go on somebody’s property, we have to have the right to do it,” said O’Hare. “If you can’t take junk off the property than what makes us think we have the right to put something on their property?
Clarke cited Ocean Pines’ Declaration of Restrictions that gives the association the “Right to Perform Certain Maintenance,”
Stevens moved to enter the property and screen the tank. The motion passed 5-2.
“Make sure we’re on record that we voted against it,” O’Hare, who voted with Terry, said.
A third violation, 745 Ocean Parkway, was sent to Moore for action.
Reached for comment Moore said such cases were determined on a case-by-case basis.
“The declaration of restrictions allows the board of directors by a supermajority vote to go onto property and maintain it in a manner satisfactory to the board,” he said. “I have advised the board in the past that that is to be determined on a case-by-case basis. There is a provision of restrictions that allow the board to determine that, but there’s no blanket situation.”
Moore could not recall an instance when an Ocean Pines property owner objected to such action.
“The alternative, or course, is where the board instructs me to go forth with injunctions, which we do on a regular basis,” he said. “In many instances, if it’s easier just to use self-help, I’ve advised the board to avoid the expense of the litigation and go-ahead and do it.”
Moore had not seen either of the cases sent to him by the board last week, and declined to comment further.