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Annual Meeting FAQ
Wednesday, August 30, 2023
The following questions were asked during the 2023 Ocean Pines Association Annual Meeting:
Q. What do motions by homeowners at the annual meeting actually do?
A. According to Ocean Pines Bylaws Section 4.02.(a) “Issues not contained in the notice of the meeting ... shall not be binding on the Association or the Board of Directors.”
Doug Parks, at the time serving as Association President, summarized, “If [the motion] passes, it will be a recommendation from the membership to the Board for further consideration."
To view the bylaws, visit
/documents/20124/92825/Amended%20and%20Restated%20By-Laws%20Amended%205-24-2022.pdf/72251647-1758-82d5-165f-8224581958f2
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Q. How can a homeowner initiative a referendum?
A. According to Ocean Pines Bylaws Section 4.07. “A petition may be used to propose action requiring a referendum …” According to Section 4.07.(c)(2) “For issues for referendum … a petition requires signatures of members who are eligible to vote representing at least ten percent (10%) of the votes in the Association as referenced in Section 3.0l(a).”
To view the bylaws, visit
/documents/20124/92825/Amended%20and%20Restated%20By-Laws%20Amended%205-24-2022.pdf/72251647-1758-82d5-165f-8224581958f2
.
Q. Ocean Pines has about 8,500 homes, but the Elections Committee only sent some 7,000 ballots for the 2023 Board of Directors election. What happened to the others? Are people on monthly payment plans eligible to vote? If not, can that be changed?
A. For the 2023 Board of Directors election, 7,781 ballots were mailed to members who are eligible to vote. Alternatively, 701 letters were sent to members informing them that they were ineligible to vote.
Members’ voting rights are stated in Section 3.01 of the Ocean Pines Bylaws: “Payment of the annual charge levied by the Board of Directors is a prerequisite to the right to vote. No member may vote if, thirty-five (35) days prior to the voting deadline (July 6, in 2023) the member has failed to pay the annual charge, including any assessed interest levied by the Association.”
Accordingly, members on payment plans are ineligible to vote. Changing this section of the bylaws to allow voting by members on payment plans would require a referendum.
To view the bylaws, visit
/documents/20124/92825/Amended%20and%20Restated%20By-Laws%20Amended%205-24-2022.pdf/72251647-1758-82d5-165f-8224581958f2
.
Q. Some homeowners throw grass clippings and other lawn debris into the canals, as well as cigarette butts and other trash. This can increase harmful levels of nitrogen and phosphates that damage the environment. What can be done to address this issue and to increase public awareness?
A. Any policy related to the canals would fall under the Maryland Department of Natural Resources (DNR), as there is currently nothing in Ocean Pines’ governing documents to allow for enforcement. The Association will reach out to DNR, with the goal of having more publicity on this issue published in a future Ocean Pines newsletter.
Q. Why does OPA use Northstar for financial processes, instead of something much cheaper like QuickBooks?
A. Northstar, rather than just serving as financial software, helps to run many of the Association's operations and is considered "club management software." Along with running everyday financial systems, it also runs processes for billing, accounting and membership, and the public and private sides of the oceanpines.org website.
Q. Has OPA considered using electronic signs instead of the old marquee signs? What will the signs look like and what will the upkeep costs be?
A. The Communications Committee has proposed converting the North Gate marquee sign to a digital sign, although a motion to do so failed during the 2023 annual meeting. A 2023 online survey of 401 people found that roughly 61% said that, in general, they are “in favor of replacing the current signs with new digital signs.”
A mockup of the signs submitted by the committee showed a 36x60-inch LED sign that was white with black letters.
For more information on the proposed signs, contact the Communications Committee here:
/web/pages/communications-committee
.
Q. Has OPA considered converting the North Gate exit onto Route 589 to two lanes, to help improve the flow of traffic and avoid backups?
The Association will consider this in the future, but any decision would need to involve Maryland State Highway, as the change would involve access to a state road and would also require a redesign of the North Gate Bridge.
Q. Has OPA considered changing the governing documents to allow for fines of continuing ARC violations?
A. While certain section of Ocean Pines already have in their Declaration of Restrictions (DRs) the system for fines (Sections 12, 15B, 17, 18C, 18E, 18F, 18G, 18S, 19, and 20), adding fines in the remaining sections of Ocean Pines would require a change to the remaining DRs. Doing this would require 50%+1 of the owners of each section approving adding fines, which would need to be done by a referendum vote.
Q. Some violations lead to multiple letters, and then action taken in court, but the process is currently very slow. Can anything else be done about these violations to help protect property values?
A. Resolution M-01 states the violation process. While some consider the process to be slow, it is in place to assure that all rules and regulations are followed prior to going to court for the violation. To view M-01, visit
/documents/20124/120883/M-01%205-2-20.pdf/ac0d836d-3328-7ace-1750-907646b237a8
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Q. Does OPA offer guest passes to pools, for homeowners to give out to their guests?
A. The Association currently does not offer guest passes. However, guests may purchase a daily pool pass.
Q. Why can't the Yacht Club be an adults-only pool or have times for adults only?
A. Because of Ocean Pines Association’s 501(c)(4) nonprofit status, all amenities by law must be open to the public and cannot discriminate against certain groups because of age or other reasons. This is based on a 2012 U.S. Court of Appeals decision involving the Association that found, “...to be exempt from taxation, the trade or business undertaken by a tax-exempt 501(c)(4) organization must itself causally advance or contribute importantly to the organization's promotion of the common good and welfare of the general public.”
Q. Can anything be done about the abundance of noisy, young children at the Yacht Club Pool?
A. The lifeguard on duty should immediately address any safety situations, such as a child being unruly or causing harm to other guests. Normal play noises are not considered a safety issue.
Q. What can be done about speeding and other safety issues affecting pedestrians, bicyclists, dog walkers, etc. along Ocean Parkway and other streets in the community? What is Ocean Pines doing overall to enforce traffic laws in the community?
A. The Ocean Pines Police Department (OPPD) would like to remind all residents of their responsibility to adhere to traffic regulations that exist to promote safety. All drivers in the Pines are requested to respect the posted speed limits, while all pedestrians and cyclists are reminded of their responsibility to walk and ride on the correct side of the road.
Walkers and joggers are permitted to walk or run on the opposite side of the road facing traffic, while cyclists are required to ride with the same direction of the traffic flow. Cyclists are also reminded they have the same responsibility to adhere to traffic related signage that cars are held to, including stopping for stop signs.
The OPPD takes the safety of residents seriously and will be patrolling throughout the community and will be monitoring the speed of motorists with the use of radar.
Q. What can be done about improperly parked cars in Ocean Pines? What is the best way to handle such issues?
A. Maryland law allows vehicles to be parked on the street if they do not interfere with the flow of traffic. As for vehicles parked on a property (such as on the grass) instead of the designated driveway, the Compliance, Permit and Inspections (CPI) Department will initiate a violation for these vehicles. To contact CPI, visit
/web/pages/cpi
.
For additional questions, contact
[email protected]
.