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DanA3 (Indiana)
Posts: 2
Posted:
My HOA is very small and our yearly dues barely cover necessary maintenance expenses. There is a lake that is owned by 6 different entities outside of or common area,not counting lakefront homeowners. Our HOA owns a boathouse gazebo and 20 feet into the lake-- a total of 16% of lake ownership. The lake has become overgrown with weeds so the majority of our board voted to suspend mowing and snow removal to install a $8000 aerator. The other HOAs contributed and agreed to pay their share of the operating expense? The system did not work and was eventuallu shut off--$$$ wasted. Now the majority want to suspend landscaping and pay the entire chemical treatment with cost up to $20,000 that may need special assessment since we only have $6000 in reserves.

Question: can they do this? Can they make us pay for something that we do not own
dan
TimB4 (Tennessee)
Posts: 21,059
Posted:
Dan,

The Association has a responsibility (at least 16% responsibility per your posting) for the Lake. If it is a man-made lake (also known as a storm water detention pond) there are many regulations which mandate what has to be done to maintain (including draining and dredging at some point in time).

It appears that your Association, and this appears to be confirmed by your comment that dues barely cover expenses, isn't properly funded. Money should be deposited to Reserves for future maintenance of the lake. Failure to fund reserves will require special assessments in the future.

My personal opinion on suspending services to pay for improvements is that this is improper. Special assessments should be utilized if there are not enough funds.

Your own governing documents should specify how special assessments are to be approved (membership or Board vote).

This isn't what you wanted to hear, but I hope it helps.

Here are some resources:

Subject: Reserve Studies/Funds 101 a thread on this forum with good resources linked within that thread.

Neighborhood Stormwater Pond maintenance Log and Resources From South Carolina
DanA3 (Indiana)
Posts: 2
Posted:
Thanks Tim,

I am all in favor of doing our part. I just think it is not our responsibility to clean up the lake for other HOAs that border the lake as well as banks and the original owner of the lake owns a percentage plus golf course owns 60%. There are 5 homeowners that own 15 feet too--3 of the 5 are board members. Total mess!

As a board member, I just want to be fair to the members and keep our neighborhood beautiful!
Dan
TimB4 (Tennessee)
Posts: 21,059
Posted:
If you don't already have it, everyone may want to form a Lake LLC with those with ownership interest being members. Draw up documents that indicate how decisions are made and what maintenance will be done.

FredW5 (Florida)
Posts: 177
Posted:
I have gone through this similar Lake situations in my Connecticut lakefront home as well my Florida home.. We tried Chemicals such as copper Sulfate, "Aquacide" etc, but they did not work well, and can be harmful or toxic... It was found that the best way to keep the weeds, etc at bay was to obtain permit to put in Grass Karp, which are voracious eaters of lake algae. They are about $20.00 each, and the EPA decides how many can be put in a lake or pond. There must not be any outlet, if so it must be closed in with mesh, or such since the Karp grow to 4 feet or so, and if they escape they can cause problems in the other waterways. Here is some info.

http://www.thepondconnection.com/biologicalapproches/triploidgrasscarp.html

and

http://plants.ifas.ufl.edu/manage/control-methods/biological-control/chinese-grass-carp/

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