SNHA Recreational Access Update
December 19, 2019
Recently we communicated that the White class action final order was issued and it is now in an appeal period ending 12/26/2019, the final step in the class action process. After the appeal period expires, and provided that no party appeals the Court’s final order, the Resort will shortly thereafter deliver a recreational access easement that is a benefit to all full owners who accepted the White Class Action Settlement terms. This easement is in addition and outside of the White Class Action Settlement. We have attached a nearly full version of the easement deed for your review (Easement Link). It does not include the signature block or the final map. This easement grant has two important items that need your attention now.
- To be effective, this easement grant has to be recorded with the town of Cambridge. That process will occur immediately after the Resort delivers the easement to the Association. The Town will assess a fee for the initial recording of the easement and an indexing fee for each additional home. The projected cost of this recording is ~$50/ benefited home. This is a one-time activity. We have heard from some full owners that they do not wish to accept the easement at all, even if you are entitled to it. You may choose to decline the easement (which is different than not paying the annual fee, discussed below). However, please be advised that if you decline the easement now, you may not later change your mind. Your home will not be listed in the easement as having the benefit and that will continue until you sell your property. A new owner will have the opportunity to accept the easement, but you will not have a second opportunity to accept the easement as long as you own your home. If you wish to decline the easement completely, please complete and sign the form and return it to SNHA no later than Tuesday, December 27, 2019 so we can remove your home from the easement grant.
- Easement access fee: The easement agreement provides that every whole ownership unit gets the benefit (and pays the annual fee) unless an owner opts out 30 days before January 1. Given that this is the transition for the year 2020, Smugglers’ must receive notice no later than January 17, 2020 from an owner who does not want the easement access benefit for the calendar year 2020. The annual fee for the easement is $500. For homes that are participating in Smugglers rental program, the easement access fee is waived. For non-renting and self-renting homes, the annual easement fee needs to be paid. This fee will appear on your 4th quarter resort invoice sent at the end of January 2020. Each year, you will be able to decide whether or not you wish to have access the easement facilities. If you do, you will be billed (or the fee will be waived). You can change your mind from year to year, but your home will always have the easement, which is a property right attached to your home.
If you have any additional questions, please call the SNHA office or email joe@snha.net .
Happy Holidays
Jay Kahn
SNHA President
