More Input from Love Suissevale Members

Our purpose is to expand the discussion on Suissevale issues by reaching as many Suissevale owners as possible.

Many home and land owners do not vote or even follow the dealings of the board because they cannot be in Suissevale physically to attend meetings. This is evidenced by only about 170 of over 500 eligible owners voted in the last election for board members. We are attempting to open the discussion to that broader audience, many of whom, find it difficult to follow the Board minutes and actions.

This is one reason why we support making videos of the Board meetings.

I want to be clear that I am not a lawyer, and nothing we post should be taken as a legal opinion. We will leave that for the lawyers. But we will post documents/opinions/rulings for discussion.

Love Suissevale members are sending me information that they have researched, and I am making it available to a broader audience. This happened on our last post, and we have another for now.

We post the following order from a Pine Harbor, Wolfeboro lawsuit (1993). Not for legal reasons; for common sense reasons. Pine Harbor is a condominium complex with docks for a limited number of residents. The docks were allocated by their board in a way (much like Suissevale does today) that led a resident to sue the board for rights to the docks.

The final order of the case is posted here.

There is interesting language in the judge’s opinion. He ruled against the Pine Harbor Board.

Read the whole document, but here is a snippet:

“The policy is arbitrary and capricious for it permits dock access to only those unit owners with seniority of ownership, excluding all other unit owners of their rightful use of the common areas, contrary to the Declaration and the Condominium Act. Use of the dock facilities should be based on a common ownership of the unit owners, and not on a method which prohibits unit owners from their rightful use of the common area.”

Knowing the Board’s position on this kind of issue (See Marina Pricing Proposal discussion), wouldn’t it make common sense that the whole Suissevale membership vote on an issue that affects the common property?

Best regards,

Love Suissevale Committee