YOU ASK – CHARLIE BROWN ANSWERS
This week, Charlie Brown, HSVPOA Director of Compliance & Contract Management, responds to three questions on assorted topics.
Compliance-related questions may be asked in the comment section on this website, or submitted to hsvgazette@gmail.com. Thanks!
Q – What do I do if my next-door neighbor has rotten trees that could fall on my house and his lot is a mess, when every letter I have sent the owner to notify him of this comes back undelivered?
A – This is a tough issue as it is private property, and any damage incurred from adjacent properties may be a civil matter. You can contact the POA, and we may attempt to contact the property owner if the threat is imminent. However, the matter is not the POA’s responsibility.
Q – Is the content in any Documents, Manuals, or Lists such as “Policies and Procedures” or other such collections made by POA Committees or Administration legally binding – in a court of law? Or, isn’t it true that residents are only legally bound by the three pages of our “Covenants and Restrictions” document (which is also called “Deed Restrictions” because it is the only true list of restrictions that “run with the land,” I.e., the only restrictions that apply to our individually deeded land/lots)?
A – My position is all governing documents approved by the Association are legally binding. Note the following verbiage in the governing documents:
Declaration Article VIII (j) the right of the Association by and through its authorized and delegated representatives to impose a reasonable monetary penalty for any single incident infraction as defined in its Protective Covenants and published rules and regulations [emphasis added], such monetary penalty not to exceed the amount of the annual assessment in effect at the time of such infraction….. Section 4. Delegation. Any member or associate member may delegate his right of enjoyment to the Common Properties and facilities, however, that right shall be subject to Section 3(f) of this ARTICLE VIII and to published rules and regulations of the Association [emphasis added].
Protective Covenants Section 3: Amendment, Rescission, or Additions. The POA Board of Directors, its successors, and assigns, may amend, rescind or add to the Protective Covenants from time to time [emphasis added]. 30. Enforcement. Any infraction of the terms of the Declaration, Protective Covenants, or the Policies, Rules and Regulations of the Association [emphasis added] by a member or a member of a member’s household, may in addition to any legal recourse [emphasis added], including those remedies set forth elsewhere in the Declaration, Board Policy (fines), State or Federal laws or County Ordinances, result in the suspension of enjoyment rights of the member and the household of the member causing such infraction as authorized by Article VIII, Declaration, Section 3 (c).
I encourage all members to familiarize themselves with the governing documents. You can view these by logging in on the Explore the Village website as a member and going to the “Governance” tab and then click “Governing Documents.”
Q – We seem to have so many problems on the lakes with people not obeying basic boating rules. Several instances of residents being almost run down by fast-moving boats while swimming at their docks. Do you think if visitors had to go online to purchase their launch pass and sign and acknowledge that they have read and agree to follow boating laws the situation might improve? Also since there are residents who also do not know boating regulations have them sign an acknowledgement when renewing their permits? Vacation rentals who supply boats could deal with their renters individually as part of their rental agreement.
Do you think this could be implemented and that it would make boaters held responsible for their behavior?
A – I think these are good ideas. We will review them to consider implementing them.
Charlie’s Corner
With Charlie Brown
Im interested in knowing which lakes can be used by nonresidents for enjoyment. So much conflict & confusion about gate guards giving dash cards to someone with a work pass sticker & my husband was given a warning citation once for having a work pass sticker even tho his pay stub was on his dash beside it showing he paid the $10 for day use & was told to call if he had questions. That call got him told by compliance worker that the pay boxes were for the residents which makes no sense.
Valid/Paid use of HSV lakes with launch ramps is required by everyone whether a Village Resident or a Visitor. Residents have the option to purchase POA annual stickers for their boat & trailer or to use the pay box which is now $11.00 per use, Resident or Visitor. Visitors cannot purchase POA stickers so they must use the pay box method only.
Are visitors allowed to launch boats here? I lived in a private lake community before and that was not allowed. Just curious.
Why don’t the POA create a code that non-resident owners must maintain their lots so as rotten trees will not be allowed to endanger a homeowners lot that is next door to it,this seems like a simple fix