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OMPOA BY-LAWS THE ACTUAL MEANING | ||
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CONTACT Overlook Mountain Properties Owners Association Elkton, VA |
Overlook Mountain Property Owners Association
Disclosure Packet, Protective Covenants, By-Laws, Plat Map
(download ompoa.pdf and open in Adobe Acrobat Reader)
ompoa.pdf
The pdf "disclosure package" is provided only as a service and does not represent the "official documents" that are required to be given to the purchaser at the time of the sale.
OMPOA BY-LAWS
THE ACTUAL MEANING OF
"Family Unit"
The following is a statement from Jon Graft, an attorney, who once owned property on Overlook Mountain (which is now owned by his two brothers) who wrote the By-Laws for OMPOA. Among the members, there has been an interpretation of the words "family member" which is inconsistent with the original intent of Jon's own words, thereby leading to non-owners of property on Overlook and within the Association to vote, hold office and be on the Board of Directors, clearly in violation of the By-Laws.
Following is the original intent of those words as expressed by the person who wrote them. Since the By-Laws have stood since written, without change, only an amendment of of such would allow any other interpretation:
"The key provision is that each member is entitled to 1 vote per lot owned. The member is a family unit. In the case of the Grafts, we get 1 vote together. This was designed to ensure that the Grafts who own Lot 39 only got 1 vote, not 7 votes. The family unit gets 1 vote. The family unit decides how to cast that vote.
"Section 1 also defines members as the fee simple owners of lots. This George should have to show he is a fee simple owner.
" 'A member is defined as a family unit . . .' There is nothing here to indicate that each person who is part of the family unit gets a vote."
Our opinion of Mr. Graft's original intent is that any person who has been, e.g., "elected" to serve as a Board member who is not a property owner should be required to immediately retire that position as well as anyone who has been "elected" to any position that requires actual "ownership" of the property when that person doesn't in fact own the property. Members cannot have it "both ways," i.e, a member cannot interpret the By-Laws to meet his or her own agenda to the exclusion of the rule of law. This has occurred under the dubious leadership of Jim Pierce and Joyce Fluharty, among others. Only members can vote them out, so that the Association can function in the manner that was intended.
Opinions expressed on this site are solely those of the owners of the site, unless otherwise noted as quoted text provided by another party. Such opinions do not necessarily reflect those of the OMPOA as a whole.