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.
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.
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.
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.
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
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
[Lots & Dues are based upon Cumberland
Parcel Identification Number (Pin #'s) as proof of property/lot/unit ownership].
DOCUMENTS (Click to View)
Lakeshore Mediation Settlement
Lakeshoree Memo of Understanding
Little & Young Lakeshore HOA Letter to MLA
LS & MLA Covenants Excerpts