May 12, 2015
Members of the Colonial Pointe Community Association
Dear Member,
The Board had mailed a notice on January 20, 2015 to inform all residents of the new policy regarding use of the lakeside property. This is a re-send of the original to remind all residents of the new policy. Residents and their guests and/or tenants are asked to please respect this.
The Board has adopted a policy in regards to use of the lakeside property in the Association. This policy was adopted by unanimous vote at the Regular Board Meeting on January 8, 2015.
It was presented to Board as a result of resident’s concerns regarding witnessed activities that included unsupervised children swimming (tenants), fishing and running/ walking around the entire lake, litter (including styrofoam cups, fishing lures with rusty hooks and other assorted debris) and resident’s privacy being interrupted by persons walking up to and staring in their lanai areas.
Along with these concerns there is also the risk of lawsuits being filed by an injured party and/or survivor against a lakeside property owner as well as the Association.
As the Master Declaration and By-Laws do not define the lakeshore use the following was adopted to clarify this.
“The property immediately adjoining the lake is not for use as a common area nor does it have a “Public Use Easement,” for residents or non-residents of CP. Lakeside owners may enjoy rights, privileges and benefits of their property adjoining the lake, without the issue of any other owners, lakeside or not, transiting their property lines. Individual lakeside owners may provide access to the LME (Lake Management Easement) located on their specific property via express written permission to other residents of CP. Each lakeside owner has the specific right to provide or decline access to their property adjoining the lake and associated LME. At no time, without the express written permission of a lakeside land owner shall lakeside owners, their guests, or tenants be permitted to transit the private properties of other lakeside properties.”
Thank you,
The Board of Directors
Colonial Pointe Community Association