Fines
"Violation of the following enumerated prohibitions shall not be permitted,
and the Board of Directors is hereby authorized to take all steps necessary
to prevent or discontinue any violations thereof, all at the expense of the violator."
By-Laws, Para 5.7
For information on a particular issue, please click on the item of interest below
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Fines - Why?
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Can you find anything wrong with this picture? (Old Picture - Owner no longer at Northface) 1. Firewood exceeding 1/5 cord on back deck threatening structural integrity (Front deck firewood not shown) 2. Hanging plants 3. Hanging chimes for musical enjoyment of all 4. Electric bug zapper for aesthetics and trailer park enjoyment |
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The Board of Directors has the responsibility to ensure the enjoyment of the Northface Resort for all owners. The majority of people follow the rules. But because of frequent abuse of condominium association rules by a few, the Board of Directors discussed the implementation of a fine structure at the 2001 Annual Association Meeting. At this meeting, the Board received the full support of the association - there were no dissenting opinions.
Despite full association approval of fines at the Nov 2001 Annual meeting, the Board of Directors delayed the use of fines hoping instead that warning letters and reminders would remedy the situation. When it became apparent this would not work, the Board reluctantly implemented the fine structure to protect unit owner interests as required by the Northface condominium by-laws.
Fines became a discussion point at the Nov 2003 Annual Association Meeting. During that discussion, there was support for the established rules and the need for the fine system (as discussed two years prior in 2001). However, there was strong concern voiced by three unit owners as to the manner in which fines were delivered and the lack of an appeal process other than the board. Thus at the meeting, a Fine Appeals Committee was established to act as a facilitator, if desired by a unit owner, between an unit owner assessed a fine, and the Northface Board of Directors. Click here for more information on the Appeals Committee
Fine Structure - how much?
As amended at the June 21st 2008 Semi-Annual Owners Meeting (Reference Meeting Minutes),
"If any of the Association's rules are violated, the unit owner responsible receives a warning letter for the first offense. Should the rule violation be repeated, the first fine is $25.00 and it increases in $25 increments thereafter for repeated violations of the same ruling. This procedure is in effect for all rules except for pet rule violations, which are now automatically $100/offense.
If any owner feels a rule is inappropriate, they have the right to bring it up before the association to amend. Amendment to the By-Laws requires 66 2/3 % of the association ownership
Who initiates fines?
These are initiated by any member of the Board of Directors and/or the management company. But if you can imagine, playing the role of "Northface Police" is not a fun or desired function. Members of the board are unit owners who already put in many additional hours concerning the operation of Northface and would rather enjoy their time at the resort then issuing fines. Luckily the majority of unit owners act responsibility and follow the rules. For the others, perhaps a suggestion - if you don't like a rule of the association - why don't you bring it up at the annual meeting for amendment.
Can you imagine people arguing (real life example) that it is not a problem for:
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...their dog to defecate throughout the front yard so that kids can tramp through it because kids should learn to look where they are going |
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...them to do 'aircraft carrier landings' on the pool furniture into the pool. If the pool liner rips, who cares since they are only renting and won't have to pay for it |
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...them to keep a cord of wood on the deck because everyone knows there is always a safety factor in stated limits and the building structural integrity should be ok |
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..them to barbeque on the deck because they only lit the building on fire once and that was a mistake |
How are owners notified of levied fines?
Fine Procedure:
Fines Appeal Committee - What do I do if I disagree with a rule and/or fine?
You have two options:
1. You can send a letter to the Board of Directors as to why the fine should not be applied. Remember, the Board of Directors does not make rules - the Board enforces the rules as required in condominium documents. If you disagree with a rule, you should should bring the issue before the association membership for consideration of an amendment to the condominium documents.
2. Fines Appeals Committee. The committee was created at the Nov 2003 Association Meeting. The motion passed at the Association Meeting was to 'Establish a three person Appeals Committee, separate of the Board of Directors, to review assessed fines and make recommendations to the Board'. The current committee (as described in the minutes of the 21 June 2008 Semi-Annual Meeting Minutes) i slisted below.
The point in establishing a committee was not to revise the rules or fine structure - this was discussed at the meeting and held to be 'Black and White'. The concerns raised dealt with the method in which notices are delivered - three owners voiced their opinion that they were patronizing, insensitive, and there was no recourse for an owner to discuss or appeal a decision, with the exception of the Board, who was the initiator of the fine.
So if you have been assesses a fine, you wish to discuss it, and don't want to bring it directly to the Board (Option 1), please contact the Appeal Committee below. Please note, just like the Board, the Appeals committee does not make the rules - if your issue concerns changing a rule, it must be done by association vote and you are encouraged to initiate such action.
| Appeals Committee | |||
| Name | Unit | Phone | Address |
| Dennis
Baribeault Committee Chairman |
Unit 3 | 978-452-0637 |
75 Acropolis Road Lowell MA 01854 |
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Stanley Swartz
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Unit 6 | 781-334-7076 |
69 MacArthur Street Stoughton MA 02072
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| Mark Shirley | Unit 18 | 508-378-4817 |
50 Northbridge Dr E. Bridgewater, MA 02333 |
What if someone does not pay their fines - how are they collected?
Should an owner not pay a fine, they will be assessed interest charges which will accumulate until such time as the fine is paid. Fines can remain unpaid for some time - this has occurred in the past with the owner attitude, 'So what are you going to do to me'. Please realize this has occurred in only a few cases - the vast majority of unit owners follow the rules to begin with and also are mature enough to recognize a rare problem when it should arise].
The Board of Director concept to collect delinquent fines has been to just track interest charges accumulated monthly to the applicable owner. Sooner or later the unit owner will sell their unit. When that happens the seller is required to provide a letter of good standing from the association (as per New Hampshire State Law to sell a unit). No letters of Good Standing will be released by management until ALL fines are paid. This came as a shock our (two) most notorious 'I'll do whatever I damm well please' owners when they could not compete the sale of their property until fines (with accumulated interest) were paid.
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Revised: 10/20/2008