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Official statement on Richard (Rick) Farr Candidate Eligibility Status
Saturday, July 31, 2021
(July 31, 2021) The following statement was prepared by Ocean Pines Association Secretary Camilla Rogers:
“In my role as OPA Secretary, based on all available documents, I have determined that Richard Farr did not meet the requirement for qualification to be a candidate for election to the Board of Directors of Ocean Pines. This means, Mr. Farr is ineligible for election to the OPA the Board of Directors.
“The 2021 Board election and Annual Meeting will proceed as scheduled, but the Election Committee will be instructed that any vote for Mr. Farr will be invalided, and the Election Committee is to count the remaining votes consistent with OPA’s Bylaws and Resolutions. If a Member has submitted or submits a ballot voting for Mr. Farr and another candidate, the Member’s vote for Mr. Farr will be invalidated, but the vote for the other candidate will remain valid.
“Given the implications on those Members who have cast their vote for Mr. Farr or planned to cast their vote for Mr. Farr, it is appropriate to provide you with the following additional information.
“To be eligible for election to the Board of Directors, a candidate must “be one of the owners of record of real property in the Subdivision [Ocean Pines] on the first day of January of the year in which the election is to be held and eligible to vote under Section 3.01(c).” Section 5.02(a) of the Ocean Pines Bylaws.
“Mr. Farr was initially determined to be eligible based on his connection with 21 Bird Nest Drive, the address he listed on his candidate application. Based on all available documents, including county land records and SDAT, the initial determination that Mr. Farr was eligible to be elected was made in an error.
“Upon learning of this ownership issue on July 27, 2021, I, and OPA’s legal counsel immediately contacted Mr. Farr by phone to alert him of the concern and requested documentation to support he was the owner of record of 21 Bird Nest Drive as of January 1, 2021. OPA’s legal counsel followed up with several emails to Mr. Farr and Mr. Farr’s attorney requesting these documents. On July 30, 2021 at 3:00 PM, Mr. Farr provided a letter from his attorney confirming that he is the current Trustee of the Trust that owns 21 Bird Nest Drive. Mr. Farr later provided a copy of the Farr Living Trust. The letter and the trust document included no additional facts or opinions that would lead me to conclude that Mr. Farr was the owner of record of 21 Bird Nest Drive as of January 1, 2021.
“The Board of Directors met on July 30, 2021 to discuss how to proceed. The Board reviewed several options. Ultimately, the Board determined that proceeding with the election but invalidating the votes for Mr. Farr was the best course of action.”