SECTION 2: Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the purposes allowed by 23 MRSA 3101: the making and keeping Branchview North and future extensions thereof in adequate repair, including but not limited to, the payment of insurance thereon and repair, replacements and additions thereto, and the cost of the labor, equipment, materials, management and supervision thereof,

SECTION 3: Annual assessments. The members, at the annual meeting, shall vote on a sum to be raised by assessment for road maintenance for the ensuing year, provided that any such assessment shall have the assent of 11 members who are voting at a meeting duly called for this purpose, notice of which shall be sent to all members at least 15 days in advance, and which shall set forth the purpose of the meeting.

SECTION 4: Special assessments. In the event a special assessment is needed it will be done by written proposal and ballot. Responses must be received within 30 days of proposal. It shall have the assent of at least 11 members.

SECTION 5: Date of commencement of annual assessment, due dates. The annual assessment shall become due and payable on the first day of September of each year. The Treasurer shall send Written notice of the assessment to every Owner or Lessee subject thereto provided that in the case of divided ownership or multiple owners with different addresses, notice shall be given to the owner at the address given by the City of Ellsworth Assessment records.

SECTION 6: Effect of nonpayment of assessment: the personal obligation of the owner, the lien remedies of the Association. If the assessments are not paid on the date when due (being the date specified in Section 4 hereof) then such assessment shall become delinquent and shall together with such interest thereon and cost of collection thereof as hereinafter provided, thereupon become a continuing lien on the Dwelling which shall bind such Dwelling in the hands of the then Owner or Lessee, his or her heirs, devisees, personal representatives and assigns at the time of the assessment, and may be collected, as provided in 23 MRSA 3103, in the same manner as is provided by law for the collection of town taxes. The personal obligation of the then Owner or Lessee to pay such assessment, however, shall remain his or her personal obligation for the statutory period and shall not pass to his or her successors in title unless expressly assumed by them, with the written permission of the Directors of the Association.

Any assessment not paid within 120 days shall bear interest from the date of delinquency at a rate to be established by vote at the annual meeting, and the Association may (1) following the procedure set forth in Title 36, Maine revised Statutes Annotated, for foreclosure of municipal property tax liens; or (2) bring an action at law, pursuant to 23 MRSA 3102, against the Owner or Lessee personally obligated to pay the same, and there shall be added to the amount of such assessment the cost of preparing and filing of the notice of Foreclosure or Complaint in such action and in the event a judgment is obtained, such judgment shall include interest on the assessment as above provided and reasonable attorney's fees to be fixed by the Court together with the costs of the action.

SECTION 7: Relation of the lien to mortgages. The lien of the assessments provided for herein shall have priority over other mortgages and other liens to the same extent that municipal taxes have such priority.

SECTION 8: Abatement because of hardship or poverty. Upon written request, the Board of Directors shall have authority to abate the assessment, in whole or in part, on account of hardship or poverty, or to defer foreclosure because of financial hardship, retaining a lien for accrued assessments, together with interest, until sale of property.

SECTION 9: Insolvency and Bankruptcy . Assessments, including all interest and costs provided by law or by these By-Laws, shall be entitled to the same consideration, priority and treatment in bankruptcy and insolvency proceedings involving a member or member's interest as municipal real estate taxes.

SECTION 10: Assessments. All members shall be assessed equally along the road regardless of their property value or the use of the road.

SECTION 1: Officers. The officers of this Association will be President, Commissioner, Clerk and Treasurer. The officers will be elected by the members at the annual meeting and shall serve until the next annual meeting or any adjournments or postponements there of, if a successor has not been elected. In the event of a vacancy in the office of President, Commissioner, Clerk, or Treasurer, the Board of Directors shall have the authority to appoint an interim President, Commissioner, Clerk, or Treasurer to act in that office until the next annual meeting. All elected officers and/or appointed interim officers must qualify by taking the oath of office required by law. The oath shall be administered by a member of the Board of Directors. Officers shall be nominated and elected at the annual meeting.

SECTION 2: President. The President shall preside over Membership meetings, meetings of the Board of Directors, and shall have the right to call special meetings of the Members or the Directors. The President may exercise such other powers and may have such other duties as are delegated to him by vote of the members or the Board of Directors, not otherwise inconsistent with the requirements of law. The President may serve the statutory position of Commissioner, unless the Members elect a Commissioner.

SECTION 3: Commissioner. The Commissioner may, but need not, be a separate person from the President. The Commissioner shall hold the statutory office contemplated by 23 MRSA 3102, and shall exercise the powers and duties of a road commissioner. Nothing in the by-laws shall be construed as prohibiting the Board of Directors from contracting with the Commissioner for the performance of necessary labor or the furnishing of necessary materials. The Commissioner shall submit his plan of road improvements for approval by the Board of Directors. The Commissioner may, with the approval of the Board of Directors,. enter into contracts for materials or labor, excluding plowing and sanding, provided such amount is within the year's voted assessment.

SECTION 4: Clerk. The Clerk shall keep the official records of the Association, including the minutes of all Meetings. The Clerk shall be deemed to hold statutory office as contemplated by 23 MRSA 3101. The Clerk shall have the power to certify, in the name if the Association, to all acts, records and documents of the corporation. The Clerk may serve the statutory position of Treasurer, unless the Membership elects a Treasurer.

SECTION 5: Treasurer. The Treasurer shall act as fiscal officer for the Association, and shall keep the books and records of account of all financial transactions of the Association. The Treasurer shall be required to see that all income tax forms are filed. The Treasurer shall report to the Members at least annually as to the income, expenses, assets and liabilities of the Association, and shall also keep the Board of Directors informed as to the financial condition of the Association. The Treasurer shall be authorized, in the name of the Corporation, to keep and maintain such bank accounts as the Board of Directors shall authorize, and to be signatory to withdraw funds from said accounts for corporate purposes. The Treasurer is not authorized to borrow money on behalf of the Association.

The Association shall, upon request at any time, furnish to any Owner or Lessee liable for such assessment a certificate in writing signed by the Treasurer of the Association setting forth whether said assessment has been paid. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid.

SECTION 1: Corporate Powers. Except to the extent that certain statutory powers are vested in the Commissioner or the members, the corporate powers of this Association shall be vested in, and exercised by, a board of three Directors. The Directors shall be members of the Association. Three Directors shall constitute a quorum for the transaction of business.

SECTION 2: Election of Directors. The Directors of this Association shall hold office until the next annual meeting of the members and thereafter until their successors are elected and qualified either at an annual meeting or at a special meeting called for that purpose, unless otherwise provided by these by-laws.

SECTION 3: Vacancies. Any vacancy in the Board of Directors shall be filled by a majority vote of the remaining Directors and each Director so elected shall hold office until his or her successor is elected and qualified at an annual meeting or at a special meeting called for that purpose.

SECTION 4: Powers and duties of Directors. In addition to the powers and duties set forth above, the Board of Directors shall have the powers and duties set forth below:

(a) To call special meetings of the members whenever it deems it necessary, and it shall call a meeting at any time upon written request of at least 11 members who have the right to vote.
(b) To appoint and remove at its pleasure all officers, agents and employees of the Association and to direct and prescribe their duties.
(c) To conduct, manage and control the affairs and business of this Association
(d) To obtain liability insurance unless waived by the Membership
(e) To provide liaison between cottage owners and the Officers of the Association
(f) To consider and approve the Commissioner’s annual road improvement plan and the necessary expenditures to accomplish said plan prior to the awarding of contracts.
(g) To assist in the collection of delinquent accounts.