Granting developers the use of a strip of land along Little Patuxent Parkway was a violation of the Columbia Association?s charter, according to the Attorney General?s Office.
The finding prompted watchdog group Alliance for a Better Columbia to call for the CA to consider withdrawing the easement.
“There needs to be some action to hold the CA accountable,” said alliance President Alex Hekimian.
The property in question is open-space land granted to a subsidiary of WCI Communities Inc. for a landscaped entrance to the planned Plaza Residences building.
The CA?s charter states the organization can?t donate or sell property or assets unless the Board of Directors first passes a resolution, meaning the board can?t authorize the CA president to grant easements.
The state Attorney General?s Office Consumer Protection Division reviewed whether there was a charter violation and found that an easement qualifies as an asset.
“This office, therefore, maintains its position that in order for CA to leave, sell or donate easements to CA property, the board must first pass a resolution according to its charter and may not delegate the authority to the CA?s president,” Assistant Attorney General Rebecca Bowman wrote in a Jan. 11 letter.
Hekimian?s group wants the board to hire independent counsel to review the opinion and present options, including nullifying the easement.
“Giving up land is very serious,” Hekimian said.
Bowman?s office suggested the board ratify President Maggie Brown?s grant of easements, follow charter process in the future, or amend the charter to create a new process.
Former CA board member Phil Marcus, who previously took the position that an easement is an asset, said he felt “rather vindicated.”
But he said the board should determine if the CA was underpaid for the easements and negotiate compensation for the difference. CA officials could not be reached for comment.
In the fall of 2006, attorney David Bamberger of DLA Piper issued an opinion that Brown did not violate the charter, because an easement is not property, the selling of which the charter prohibits.
