One thing in the proposed amended Protective Covenants that has brought the most response from the community is the $1000 maximum fine for violations (See section 9, paragraph D.) The maximum fine as it stands today, under the 1988 Protective Covenants, is $5000. We reduced it to $1000 because we thought that $5000 was excessive, but there are people in the community who think that $1000 is excessive.
It is essential that the community be able to protect itself from people who want to park junk cars around and create public nuisances that have a negative impact on the community.
To avoid excessive litigation and the added expense, it has been suggested that instead of using the courts, we would have a board of binding arbitration. If we have good people on the board, representing a cross membership of the community, it should work out OK. But even a board of arbitration can be partial, so we could possibly bring some issues down (probably the most expensive fines) to an appeal process involving the community. Now this is not a well-thought out process, but if implemented correctly, it could truly serve the needs of the community and maintain a high level of fairness.
For those of you who think the fines are excessive, please send us your comments and suggestions.
St. Marie News 