Recreational activity allowed despite specific easement language?

Have you tried contacting your local enforcement officials? Take plenty of 4x6's.

Richard, our police department says they will not interfere with private association matters. Her friend is the police department's secretary. Her friend, and their friends, also comes into our subdivision on recreational vehicles also. The police departments says they are not in criminal violation of the laws (????) which is a major confusion to us as I stated the laws above.

Larry, that is what our position is too. She is looking for ways around it to justify her violation of the laws.

State law prohibiting the snowmobiles sounds explicit enough and an association rule that mirrors that law would give you the authority to enforce. Fine her if she is a nuisance.

We are uncertain as to whether or not we can fine her as there is not specific mention of fines in our documents. In regards to fines, our documents only specifically say that we can impose a lien for non-payment of dues. Our covenants say that any member can sue another member for breach of the covenants (like having pigs) but nothing about recreational vehicles. The only thing that we do have is what our deed implies and that is that anything over and above vehicles and pedestrian traffic is not permitted. But we do believe that this is enough. Do you agree too?

What we can do about the police department secretary coming into our private subdivision is a much tackier and difficult situation. We know the PD is overstepping their bounds and would like to take that to the Attorney General but are uncertain we can even get to have a discussion with them. We have tried to talk to the chief about this but he has a less than enthusiastic desire to interfere with their activity.

(Really have to work on my quoting!)

Richard: "Apparently, there are no enforceable laws."

The laws I stated are the Maine State laws which are very clear. The ones that are supposed to enforce outside Trespassing traffic of nonmembers(the police secretary) is the Inland Fisheries and Waterways. (IFW) I understand that the police do not have authority to stop activity within the private subdivision if it is a rule that we have imposed. That is considered a civil matter between the association and the members.

CarolP14 (Maine): " . . The police departments says they are not in criminal violation of the laws (????) which is a major confusion to us as I stated the laws above." Before you go after that reply, highway traffic act provisions are unlikely a matter of "criminal law".

Your reference to "easemented" road rather than "common lands" or "common element" presumably means your association acquired the road ownership from the developer or was the developer. If so the private end user lots would be "dominant tenement" users (easement beneficiaries on title) rather than genuine co-owners of the private road.

Owned cottage 12 years in such. One concern was uninsured, underaged minors using and even racing such vehicles including as trespassers without any connection to any of the dominant tenement beneficiary properties.

Carol P14 (Maine)

Your question was "Can we fine her (if) she persist(s) (in) ignoring the association rule as well as the state rules ?"

( ie : whether your road association has legal authority to "fine" one of 12 association members for snowmobile/ATV travel by self & guest contrary to state law and to attempted association prohibitions ? )

You mention that your governing documents are silent about fining powers. You summed up the scenario as "Recreational activity allowed despite specific easement language ?"

For state law violations, respectfully what grounds could there be for association fines any more than for tardy tax paying nor overdue library books nor whatever ?

For association violations, you might take a look at Maine's Title 13-B: MAINE NONPROFIT CORPORATION ACT in which I don't see any fining authority. That contrasts to the legislated fining power in Maine's Title 33, ch 31 MAINE CONDOMINIUM ACT. If your association were a condo corporation, subsection s 1603-102 would expressly give you power to "levy reasonable fines". I presume you are not. Maybe worth your while to run it by a lawyer.

Only your registered CCRs can show whether the transfer magically ended the easement scenario and converted the road into a common element subject to rules that might try to strike down one form of vehicle over another. Degrees of unpredictable are the outcomes of these disputes, and it ain't easy to persuade that any ambiguity should be construed to restrict or prohibit someone's God-given right to marginally disturb others.

"Trespassers" as you note are not those folks invited by an owner, nor emergency responders nor deliverors of parcels etc.

I notice that Maine class E crimes are misdemeanors like mischief, fortune telling, prostitution etc .

Good luck with the issue. I thank God our cottage road association 1998-2010 did not have to deal with dangerous driving.

CarolP14 (Maine):

1 - Costs of a professional mediation attempt - degrees of win/win - may be within better reach of your 12 member road association than fine/litigation attempts & maybe toxic aftermath.

Power imbalances in these level of disputes seem to have been reversed here where the ATV/snowmobilers may have closer access to some legal skillsets, howsoever limited or dangerous.

This also might encourage a mediation if enough good faith. Court enforcement officers/the sheriff / the owner's police associates, may have contacts for mediators in your area.

2 - Good idea to be prepared for this argument from the snowmobiler/ATV ers : unlike up in the Great Igloo here, American "easements" might (?) get credibility from more than registered documents especially for turnover rights/property rights.

If the common road arrived encumbered during turnover ( parallel to something like a planning condition or some charge on title ) by the easement wording now argued by the ATV crew, you may face an onus. That onus may be validating your prohibition against loose easement wording that may not support what you want to do.

3- Finally, does Maine legislate or judicially apply a "reasonableness" criteria into the enforcement of condo/HOA By-laws / Rules even if not into the overall Declaration ?

Maybe you or other posters can check that.