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LAKESHORE NARRATIVE
In 2009 the McFadyen Lake Association began talks with the developer Lakeshore Harbour LLC and its sales associates Luxury Condos LLC concerning their properties (lots/units) being subject to the 1979 McFadyen Lake Restrictive Covenants.
After three years of discussions without a resolution or agreement the MLA placed liens for nonpayment of dues and a lawsuit was promptly brought against the MLA by these LLC's . The MLA filed a counter lawsuit to prove that the LLC's properties (lots/units) were subject to the Restrictive Covenants and to collect back dues owed.
In March of 2013 a mediated settlement was reached before the case was heard in court; in which these LLC's stipulated that units (lots/ pin #'s) of their condominium development are now Class A members and subject to the McFadyen Lake Association Restrictive Covenants.
In 2009 and 2010 the MLA attempted to collect dues from Lakeshore HOA members individually since the dam was rebuilt in 1996 but suspended the effort because of the ongoing negotiations with the developers questioning if they were even subject to the Restrictive Covenants.
In 2014 the MLA billed the Lakeshore HOA for annual dues; this included a reduction for Pin #'s that were storage units and garage units as well as a 30 % discount for a multi-family complex which agrees to pay for its members. The MLA was informed by Little & Young (Lakeshore HOA general manager) that the Lakeshore HOA was not a party to the settlement agreement with the LLC's developers and individual unit owners are billed for their annual lake association dues.
Individual unit members of the Lakeshore HOA were then billed for 2014 MLA dues as it does for Harbour Pointe Condos unit owners and individual lot owners subject to the MLA Restrictive Covenants.
[Lots & Dues are based upon Cumberland County Tax Parcel Identification Number (Pin #'s) as proof of property/lot/unit ownership]. DOCUMENTS (Click to View) Lakeshoree Memo of Understanding Little & Young Lakeshore HOA Letter to MLA
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