Board Position on Access to the Lake
The below shall be the position of the Homeowners Board of Directors for entrance to Pond for Homeowners who do not own property on the pond.
Property owners that have owned property in the subdivision since 1991 – time during construction of the subdivision and have been asked – “Do you know where the Common entrance ways that were designed or designated as common, or HOA property that was intended for a common access to any of the lakes in the subdivision other than:
- The HOA property at the front of the sub-division where the fountain is located,
- The Culvert near the end of Oak Tree Ln. the space between,
- The pathway between 1924 Oak Tree Lane and 1922 Oak Tree Ln,
The answer received was – no, they did not know of any other entrance ways that lead to lake common property other than those listed above. These are entrance ways that access open common areas on the lake.
Additionally, It is a the fact that anyone who buys waterfront / lake property pays a premium price for that type of land, more than other folks in the same subdivision without waterfront lots, this is paid just to have use and the view of the water. Those who do, pay that additional price, own the land between themselves and their side-by-side neighbors and the land from the front street extending into the water is shown on their deed. All lots on lakes, according to the By-laws have perpetual cross easement in the lakes to allow for unobstructed use of waterways by Sweetgrass Homeowners ( Mill Creek Village Homeowners).” This means that once in or on the lake you can travel anywhere on the lake water and not be trespassing on anyone else’s property as long as you are on the lake.
Further, there is added expense to the property owners of waterfront property that non-waterfront property owners do not have, i.e. increased taxes, increased insurance and increased liability, as well as increased maintenance to prevent soil erosion, building bulkheads, etc.
Additionally, it is understood that if a non-waterfront homeowner entered the lake from common on HOA property, they could travel on the overall lake without trespassing on anyone else’s property, but they must then also exit the lake at or on common / HOA property or at the property of someone who gave them express permission to do so. The best example of this, is people with boats that don’t live on the water, inter-coastal or river, have to go to a public / common boat landing to put their boat in the water. They can not go through someone else’s property for the same reason, even to fish.
If you are an owner of property, not on the lake, and not an invited guest of a property owner on the lake, no one should enter your or your neighbors property between the houses except for those servicing utilities that are located on the utility easement, i.e. reading the water meter, reading electric meter, repairing the TV cable, etc. and anyone who does so without permission is trespassing. This is the same for between houses that back up to water unless at the areas listed at the beginning of this statement. If you own oceanfront property, it is illegal to trespass across their property to get to the ocean, they must enter from an established public thoroughfare, same in our situation.
The reason that the regime fee is the same for all property owners, whither the property is on the water or not, is that the lakes are the drainage system for the entire subdivision and they must be maintained to keep water plants / grass from over taking the water area, so that water runoff from all land and from the streets can drain off and not stand on everyone’s property when we have an abundance of rainfall, i.e. Gaston. The areas where there was some flooding both in Sweetgrass and Hidden Lakes during Gastone was because the drainage system was not being maintained adequately and some of the ditches and drain pipes were filled with grass, water iris, tree limbs, silt and other debris and water could not flow away efficiently. The Town then came in investigated and began cleaning drainage ditches / pipes. We have several of these, ditches and pipes throughout the entire community. When people cut grass, bushes, trees, and through stuff in ditches rather than have it carried off by the trash trucks that also helps to clog up drainage systems.
Perhaps this will help provide a better common understanding of the situation.
None of this says that a property owner can’t establish their own rules on their property – to say to a young person, you may ask permission to go to the lake through your property to fish, but that permission come from the property owner and they may require the presents of the young persons parents if that permission is given. This offers a lake property owner up for considerable liability and cost additional on their insurance. Additionally they may require that there isn’t any left over lunch wrappers, drink bottles, and fishing hooks left in their yard. It is the responsibility of the child’s’ parents to see to the safety of their own children. If a parent doesn’t have time to watch their own children, it is not the responsibility of another property owner to do so. If this is the case maybe they don’t need to fish. A 12 year old was lost to a swimming incident while swimming in a posted unauthorized area in a subdivision he wasn’t even from. Better safe then sorry.
Bottom Line:
If you don’t own lake front property you must legally enter the lake from common area property.