South Down Rules

[wifi]

Originally Posted by dpg

Suissevale doesn't allow golf carts either. Years ago I used to own a dirt bike (not registered) and used to buzz all around the association, no more. No ATV type vehicle is allowed on their roads.

Couple of interesting facts on Suissevale. Castle Shore Road, the road that goes along the shoreline and past their beach is NOT part of the association. Its a private road in existence long before Suissevale. Suissevale Ave, used to be known as Birch Hill Road, before Suissevale, and was/is a deeded right of way to Castle Shore Road and to the public boat launch near their beach.

It would be interesting if they could enforce new rules on a pre-existing ROW or on a private road.

[chipj29]

My daughter lives in a town which is a "planned" community in Georgia. They have golf cart paths throughout the town. They are heavily used by kids (there are age restrictions) and adults alike to get around town. They are patrolled by police, and from what I understand, they follow the same motor vehicle laws as cars. Yes, you can get a CUI (carting under the influence).
Granted this is a public area, so it is a bit different than SDS.

[dpg]

Originally Posted by wifi

Couple of interesting facts on Suissevale. Castle Shore Road, the road that goes along the shoreline and past their beach is NOT part of the association. Its a private road in existence long before Suissevale. Suissevale Ave, used to be known as Birch Hill Road, before Suissevale, and was/is a deeded right of way to Castle Shore Road and to the public boat launch near their beach.

It would be interesting if they could enforce new rules on a pre-existing ROW or on a private road.

Interesting, my family's place is on Castle Shores. It's across from the water, not waterfront. The waterfront homes are not considered part of the association but I wonder if technically any home on Castle Shores could get away from association rules. Would anybody know? Birch Hill is the name of the "hill" in Suissevale. Guess that's where the name came from.

[wifi]

Back in the 40's & 50's the whole area from and including States Landing to Blacks Landing was part of the old Castle property. The then owner subdivided the waterfront part of Castle Shore Road (trail) off, and made, States Landing Road (trail), Blacks Landing Road, and Birch Hill Road as ROWs for the new Castle Shore properties. Later on, in the 60's, the Bank of Wolfeboro together (rumored) to be the RI mafia got together and bought up the backland and created Suissevale. A whole other story unfolds here, but the bottom line is if your CSR property was part of the first subdivision, before Suissevale, then you are not part of the association. If your deed has the association in it, then you are most likely stuck. Thru its lifetime there were multiple bankruptcies of the association and examples of the same lot being sold to multiple people. Today, its strong and I think the legal problems have been worked out.

Its bad enough to have State rules (cspa) and taxes, and town rules and taxes, but to add an associations rules and fees on top, is a little much. Then again, you do get free water? (thats when it works )

[Weirs guy]

Interesting question for you Skip. I believe SDS roads are not town maintained (jetskier and crew can correct me if I'm wrong) so my tax dollars "as a resident of the City of Laconia () but not SDS" do not pay for their maintenance. Now, do my tax dollars pay for the LPD to patrol SDS, or does SDS have to pay extra for patrols?

[brk-lnt]

Originally Posted by Weirs guy

Interesting question for you Skip. I believe SDS roads are not town maintained (jetskier and crew can correct me if I'm wrong) so my tax dollars "as a resident of the City of Laconia () but not SDS" do not pay for their maintenance. Now, do my tax dollars pay for the LPD to patrol SDS, or does SDS have to pay extra for patrols?

The SDS roads are definitely not maintained by the city of Laconia.

I'm pretty sure the streets are patrolled by the LPD without extra fees incurred, which would be the appropriate choice.

[nj2nh]

It doesn't matter what you are driving or even if you are actually driving it. If you are in a vehicle with the intent to drive the thing and are intoxicated, then you can be charged with DUI no matter the vehicle. Bicycles are included as a vehicle so I should think golf carts would be included.

Down here in Jersey, if a cop sees you come out of a bar, you appear to be intoxicated and get behind the wheel of a vehicle (any vehicle at all), he can can arrest you for DUI even if you never moved the vehicle.

nj2nh
(former county prosecutor)

[Skip]

Originally Posted by Weirs guy

Interesting question for you Skip. I believe SDS roads are not town maintained (jetskier and crew can correct me if I'm wrong) so my tax dollars "as a resident of the City of Laconia () but not SDS" do not pay for their maintenance. Now, do my tax dollars pay for the LPD to patrol SDS, or does SDS have to pay extra for patrols?

If the board at SDS invites LPD in, then LPD can patrol the private roads in SDS, at taxpayers expense.

However, the LPD can only enforce Laconia ordinances and appropriate State laws. They have no authority to enforce the civil rules imposed upon the resident's of SDS by the board.

It happens all over the State at many other associations, campgrounds and private facilities...it is known as "showing the flag".

Only the board or its representative's can enforce civil penalties imposed upon SDS residents. If a SDS resident refuses to comply with the association ,then the association must use the civil process and bring that person before a court for enforcement. It is not a criminal matter unless the criminal code is violated.

Two very different sets of laws at play here. IMHO, the letter cited is intended to instill a little bit of "fear factor" into the residents, for whatever reason the board felt necessary.

[jetskier]

Originally Posted by Skip

If the board at SDS invites LPD in, then LPD can patrol the private roads in SDS, at taxpayers expense.

However, the LPD can only enforce Laconia ordinances and appropriate State laws. They have no authority to enforce the civil rules imposed upon the resident's of SDS by the board.

It happens all over the State at many other associations, campgrounds and private facilities...it is known as "showing the flag".

Only the board or its representative's can enforce civil penalties imposed upon SDS residents. If a SDS resident refuses to comply with the association ,then the association must use the civil process and bring that person before a court for enforcement. It is not a criminal matter unless the criminal code is violated.

Two very different sets of laws at play here. IMHO, the letter cited is intended to instill a little bit of "fear factor" into the residents, for whatever reason the board felt necessary.

Dues to South Down Recreation pay for maintaining the common roads (ex: Outerbridge Drive) and each association levies dues that cover their roads. Laconia does not pay for any of the roads as they are private and public access is not allowed. South Down does invite the Laconia Police in to patrol and they do so fairly regularly.

The interesting part is that there are some killer speed dips that will take out your suspension if you go over them too fast (or don't have ground clearance). It is really pretty self limiting. Of course inebriated driving is a bit of a different matter; I have not seen that at all in the development.

I looked at the flyer and the statement regarding Snowmobiles is that you can not cross private property to get to the trails. That would seem to make sense. In general, there is direct access to the trails from the trailer parking. Of course, most of the trailers (mine included) were completely buried this year.

Jetskier

[Skip]

Originally Posted by jetskier

...I looked at the flyer and the statement regarding Snowmobiles is that you can not cross private property to get to the trails. That would seem to make sense...

In this case the rule is just reiterating State law. It is against the law for any snowmobiler to cross private property unless that snowmobiler has written permission of the property owner, or the property in question is part of a recognized trail system.

So even in a private development, you would still need written permission or be on a recognized trail sanctioned by SDS to operate your sled legally across properties within the development.