we are a 30-year-old private nonprofit RA with 51 members. we have had a longstanding debate about snow removal. Several of the original cabins are seasonal. and have refused to pay for snow plowing. As plowing is becoming more and more expensive it has become an issue with those that do pay.
our last attempt to deal with this was to put in an exemption in our bylaws that owners could claim one time if they agreed not to access their property during the winter. This includes access by caretakers, workers and deliveries. The exemption would expire if the property was sold, or the owner started using the property in the winter.
This has created an enforcement nightmare, and it has been wildly abused. Enforcement issues aside, from this last rainstorm we had damage to our road like many others and while I was talking to CMP they told me that anyone that has power has an agreement to maintain access to lines and CMP equipment year-round for their standard 34,000 lbs. truck. This agreement and the recent change to §3101 to define snow removal as standard maintenance. it is 100% clear that snow removal is not optional.
Our bylaws state that we need 2/3 of the people at a given meeting to vote to change the bylaws. at any given meeting we are very close or under getting the 2/3 we need to show up to vote a change to winter plowing.
So, my question is what we do as a board if we have parts of our bylaws the no longer meet state law. Specifically, it is the "Fair and equitable test" I feel that we do not meet now that snow removal is not optional.
§3121 states the with no agreement the fees should be split equally, would we fall into this default given that we are not in agreement and have been debating this for years?
thanks
Scott
Attached is the "Central Maine Power – Handbook of Requirements for Electrical service and Meter Installation" please see section 213 and 214