OCEAN PINES – Proposed changes to the association’s amenity policy were accepted on first reading last week.
Last Saturday, the Ocean Pines Association (OPA) Board of Directors accepted the first reading of a revision to Resolution M-02, pertaining to amenity policies. The proposed changes come less than a month after former director Tom Janasek reached a settlement with the association over its decision to temporarily ban him from amenities following an altercation at the Yacht Club Tiki Bar last May.
“These revisions are the culmination of work done by the GM’s senior executive assistant and board members,” said Director Colette Horn. “The goal was to ensure that the policies are up to date with respect to what the GM needs for orderly management of the amenities, that they are consistent with the input the court has given OPA on our enforcement policies and procedures, and that they are consistent with recent changes in Maryland HOA law as they pertain to decisions by the board that restrict member access to amenities.”
Simply put, Horn said the revisions include the rules and expectations for amenity use. Director Steve Jacobs added that it also included due process for any decisions that involve imposed sanctions.
“I will remind everyone in the last two court cases – dealing with Rick [Farr’s] case and the election, and dealing with the Janasek case – in both cases the court noted the lack of due process afforded to either of the two plaintiffs to settle this matter prior to going to court …,” he said. “Those who are particularly concerned or critical about the way Ocean Pines spends money on legal expenses, the advantage of this section is that it provides everybody an opportunity to solve their differences before anyone has to go to court.”
Most of the changes proposed for Resolution M-02 involve amenity rules for participant use, as well as sanctions for prohibited behavior. Members given notice of a violation, however, will have an opportunity to appear before the board at a hearing.
Association President Doug Parks said he had reviewed the proposed revisions and wanted to recommend several changes.
“A lot of it is kind of vague and open-ended,” he said. “There’s really more questions than anything else.”
He noted, however, that he would submit his changes to board members, legal counsel, and the bylaws and resolutions committee. With no further question, the board agreed to accept the first reading of the proposed revisions.
“Instead of going through and underlining all the things I felt were questionable, at best, I provide to you guys my writeup and my synopsis of a review of this document,” he said.
Last week’s first reading comes months after an altercation between Janasek and former director Josette Wheatley. While at the Yacht Club Tiki Bar on May 20, Janasek reportedly launched into a verbal tirade over Wheatley’s vote to elect the next association president.
Janasek was ultimately escorted from the property and was issued a 90-day ban from the Yacht Club, Golf Clubhouse and Beach Club. In June, however, Janasek filed a lawsuit against the association, arguing the imposed ban violated the community’s governing documents.
A settlement was reached earlier this month.