Is Mountain Side Lake Still Accessible To Mountain Side Condominium Owners Who Gave Up The Lake? Pictures to follow.
MANAGER HAS PROVIDED THE LAKE TRANSFER DOCUMENTS AND IT TURNS OUT THE LAKE DOCUMENT SIGNED IN 2004, FIRST PARAGRAPH UNDATED, WAS NEVER ACTUALLY FILED IN 2004.
THE DOCUMENT THAT THE HOA IS CALLING THE “AMENDED AGREEMENT” WAS NOT ACTUALLY FILED UNTIL 2009 AND IS IDENTIFIED BY THE COUNTY AS THE ONLY AGREEMENT AND NOT AN AMENDMENT TO AN EXISTING AGREEMENT. THE AGREEMENT FILED IN 2009 WITH A RUDIMENTARY HAND WRITTEN CHANGE AND THE MISSING FIRST PARAGRAPH DATE COMPLETED, WAS FILED ONLY AFTER CONCERNS WITH THE TRANSFER WERE VOICED BY HOA OWNERS. THAT LEAVES MANY QUESTIONS. AT THE VERY LEAST, IT GIVES A BAD PERCEPTION THAT ANY ORGANIZATION, PARTICULARLY A NON-PROFIT HOA, SHOULD MAKE EVERY EFFORT TO AVOID.
THERE ALSO SEEMS TO BE SOME PROPERTY MARKERS MISSING, SOME MARKERS MOVED AND A PATIO AND ROPE ACROSS THE PEDESTRIAN EASEMENT. ALSO THE FOLLOWING DOCUMENTS HAVE NOT BEEN INCLUDED WITH INFORMATION PROVIDED TO OWNERS AND HAVE BEEN PULLED.
These are the documents that were filed by United Water and Sanitation District in 2006 and that predated the first filing of the conveyance agreement which was filed in 2009 and that they now call the “amended agreement”. These documents were filed as easements and called licenses allowing access to the lake. Access that was already granted and agreed to in the “conveyance agreement”. It’s unclear if the Mountain Side HOA Board of Directors was aware of these easements or licenses or whether they had agreed to them as required in the conveyance agreement. If the HOA BOD was aware and did agree to them, the documents should have been made available to owners.
921999 10/10/2004 AGM 0 – Agreement Filed in 2009 Conveyed Lake United Water Paid $10.00
86557 8/23/2007 – License to Bromley Companies, LLC $0 + $154.95 per year thereafter – Controlled by Bob Lembke
921999 10/10/2004 AGM 0 – Agreement Filed in 2009 Conveyed Lake MS HOA Paid United Water $20,000
858450 6/19/2007 EAS – License to Theodore Johnson $0 + $154.95 per year thereafter
859129 6/25/2007 EAS – License to Tom and Robin Manteuffel $5,000 + $154.95 per year thereafter
815753 1/31/2006 EAS 0 – License to Dana and Ross Sheely $5,000 + $150 per year thereafter
815752 1/31/2006 EAS 0 – License to Art and Marilynn Burger $3,000 + $150 per year thereafter
815751 1/31/2006 EAS 0 8 – License to Judith and Robert Anderson $2,500 + $150 per year thereafter
15750 1/31/2006 EAS 0 – License to Beverly Cummer $5,000 + $150 per year thereafter
815749 1/31/2006 EAS 0 – License to Richard and Patricia Tucker $2,500 + $150 per year thereafter
815748 2/7/2006 EAS 0 – License to Ben and Karen Little $5,000 + $150 per year thereafter
815747 2/22/2006 EAS 0 – License to Jim Little $5,000 + $150 per year thereafter
829670 08/14/2006 EAS – License to Hugo and Barbara Palacios $5,000 + $150 per year thereafter
86007 08/14/2006 EAS – License to Hugo and Barbara Palacios Amended lot #
771380 10/10/2004 QCD 0 – Quit Claim Deed to United Water
270611 10/1/1983 WD 0 – Original Warranty Deed
HOA Meeting Minutes – 8/2013 – “The need for a lake access bridge was brought up. When the new dam went in, partial access was cut off. Ted’s bridge is not long enough and is not built for this kind of traffic. It’s unknown if the bridge would need to be ADA complaint. Bill noted that in the agreement with the United Water, they maintain access, etc. We have to see how to address that and whether it’s legal for Mountain Side to proceed. There is no money in the budget to do a bridge at this time. This issue will need to be discussed with Bob Lembke prior to doing anything.”
“The Water District has surveyed the land and the property line markers are there showing where the property line is. Condominium owners have unlimited access. It was also noted that the Association can take back possession of the pond at any time. The reason it was given to the Water District was because the insurance company would not insure.”
Since the new larger dam has been completed, Ted’s bridge is no longer suitable to be put back in place and used to provide access to Mountain Side Lake. Without the bridge, access to the east end of the lake is essentially eliminated and with the west end roped off, the pedestrian easement has been reduced to the small section between the easement access and the Burger property line.
In review of the plat (see link below) there is a pedestrian easement that runs around 100% of the lake perimeter however properties on the west end have been roped off indicating a “No Trespassing” or private property zones.
The properties at the west end of the lake are owned by Mountain Side HOA Board Members Art Burger and Bob Lembke. Bob Lembke is also the President of United Water and Sanitation District to which the lake ownership was transferred by the Mountain Side HOA Board of Directors in 2004 without a vote by the membership. United Water and Sanitation District also removed the bridge and replaced the dam.
Where is the lake? The PLAT is the official document showing the lake location along with its easement.
Owners at Mountain Side have asked the board for clarification of this issue since the transfer of the lake to the United Water and Sanitation District required that neither access to the lake nor the easement be infringed or impeded to Mountain Side Owners. Although it is assumed that as owners of the lake and the party that removed the original bridge United Water and Sanitation District should be responsible for replacement of the bridge and re-establishment of access to the lake, the Mountain Side HOA BOD has advised that there are no plans to replace Ted’s bridge. It’s unclear why the Mountain Side HOA BOD would be considering this to be the HOA’s responsibility.
The transfer agreement allows the Mountain Side HOA to take back the lake within 15 years (10 years left?) under the terms of the agreement.