MOUNTAIN SIDE LAKE – What the plat says. v. What the conveyance agreement says. v. “It’s no longer possible to walk all the way around the lake.” v. “It has never been possible to walk all the way around the lake.”

Although the plat shows a pedestrian easement around 100% of the Mountain Side Lake and the lake conveyance agreement states that access to 100% of the lake will be maintained for Mountain Side Owners, Mr. Bob Lembke contends that the property at the west end of the lake (where his house is located) has never been included in the easement. Mr. Lembke also presides over the company that was conveyed ownership of the lake by the Mountain Side HOA Board of Directors for $10.00, United Water and Sanitation Disctrict.

There was some significant discussion about how the lake access wording should appear in the HOA Meeting minutes. Mr. Lembke stated that the wording should not say “it’s no longer possible to walk all the way around the lake” but rather “it has never been possible to walk all the way around the lake.” Some argued that the minutes should reflect what was actually said and not changed to say what some wanted it to say. Now the minutes are out and it turns out that the HOA meeting minutes say both. The Annual HOA Meeting Minutes say one thing and the HOA BOD meeting minutes held the same day, say another.

Annual HOA Minutes September, 2013

“Questions were asked on lake access. Bob Lembke noted that Art has been working on options for a bridge. When lake work was done, part of the access was lost. It’s no longer possible to walk all the way around the lake. Art stated that Don is also working on this issue and looking for options to span the gap area. A question was also raised as to when the construction area would be re-seeded. Bob said it has been re-seeded once. He also stated that Willow trees are prohibited near the dam.

Minutes 9/2013

“Lake Access: One owner noted that he has lived here for years and doesn’t know how to walk around the lake. Having a map would be very helpful to avoid trespassing on another owner’s property. There is a map outside the clubhouse showing lake access. When United took over the lake, the property line was marked with green bollards. The road off of Hunter Circle is the only legal access to the lake. It has never been possible to walk all the way around the lake. A bridge has been discussed to make it possible to walk most of the way around the lake, but there are no immediate plans.”

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