LSPOA HOLDS ANNUAL MEMBERSHIP MEETING

Members of the Lake Suzy Property Owners Association met on Saturday May 8, 2010, at Kingsway Country Club for their Annual Meeting. The gathering heard presentations by Jan Brewer, DeSoto County Administrator and Bart Arrington, DeSoto County Engineer, concerning issues of local interest. Their remarks covered a variety of topics from county budgeting to the widening of Kings Highway between the Charlotte County line and Peace River Road. The presenters' easy styles and informative remarks were well received, and led to a number of questions and further discussion. The LSPOA is indebted to Administrator Brewer and Engineer Arrington for taking time from their schedules to spend the morning in Lake Suzy. It was clear from the many affirming comments that these two public servants are viewed positively by members of the LSPOA.

Following presentations by county officials, the Association conducted its regular annual business. The Chair of the Board introduced those who have served the community as members of the Board of Directors during the past year, presenting gift certificates to Dr. John Martellini, John Mitana and Renee Martellini whose terms on the Board have ended. Certificates also were presented to Tony Littell and Roland Schindler for outstanding service to the Lake Suzy Estates community.

In other business the membership adopted a budget for the coming year featuring a reduction in annual membership dues with no decrease in levels of service. Three persons were elected to replace those retiring from the Board, including Bob LaFlam, Dee Hannon and Clancy Rimmey. Two members were elected to the Architectural Review Committee, Tony Littell and John Nagy.

Members enjoyed good fellowship and a luncheon prepared by the country club following the meeting. It was a wonderful gathering of neighbors and friends and a perfect end to the LSPOA business year

LSPOA BYLAWS AMENDED

On May 14, 2009 the LSPOA Board of Directors approved amended Bylaws. The bylaws were last amended in May 21,  2005. Copies will be distributed to all property owners. You may also view and print the bylaws by clicking the BYLAWS tab at the top of the HOME Page.

COURT RULES IN FAVOR OF LSPOA

LSPOA prevailed in two of the three judgements rendered by the Court stemming from the July 17, 2007 lawsuit brought by a small group of residents. Please see the May 12th, 2009 letter from our Association Attorney, Kevin Edwrds that was included in your recent Lake Suzy Sunshine Newsletter.

In summary, the Court ruled as follows;

1. "The core of the controversy in this case (was)...the disagreement over the effevt of Chapter 712, Florida Statutes, the Marketable Record Title Act ("MRTA"), upon the Declaration of Restrictions for Lake Suzy Estates recorded by Loreda Development, Inc. in the Public Records of DeSoto County on May 9, 1973." The Court ruled in favor of the Association and found that the Declaration of Restrictions... "was  not extinguised" by MRTA.

2. The Court ruled in favor of the Plaintiff's that the mandated membership provision should be set aside.

3. Plaintif's requested special consideration due to "slander of title" stemming from a recorded lien as a result of unpaid mandated membership dues. The Court found, however, "that the claim of lien at the time (they were) recorded appeared as a good faith statement of belief of a legal right." In other words, according to the Court, LSPOA properly issued tyhe lien for unpaid mandatory dues. The Court concluded that "LSPOA did not commit slander of title" against the Plaintiff's, nor was there "any evidence of malice on the part of LSPOA's representatives."

As a result of Judge Parker's verdict, LSPOA will;

  • Continue to operate under its current set of Deed Restrictions (as filed and recorded on May 23, 2005) minus the mandated membership amendment (PART D).
  • Continue deed restriction enforcement activities, and
  • Operate as a 100% voluntary organization

LSPOA BOARD OF DIRECTORS RE-AFFIRMS DEED RESTRICTIONS

 At a Special Meeting of the LSPOA Board of Directors on September 20th, the BOD unanimously approved a legal resolution to re-affirm the Deed Restrictions. By its issuance to all Lake Suzy Estates property owners, the LSPOA Board of Directors resolves "to consistently and uniformly enforce the covenants and restrictions...Any violations of the Association's governing documents reported on or after September 21st, 2006 will be consistently enforced in a timely and uniform manner."

A second resolution was also unanimously appoved by the BOD - the Architectural Review Committee Guidelines. This is a clarifying document to the existing Deed Restrictions. A packet containing a cover letter from the Board, the LSPOA Governing Documents, resolutions, and other materials were later mailed to all Lake Suzy Estates residents.

Immediately following the Special BOD Meeting a Special Membership Meeting was held. The membership overwhelmingly approved that monies be set aside within the Contingency Fund to cover, if and when necessary, legal representation addressing covenant enforcement, or the rezoning and/or development plans for property within or adjacent to Lake Suzy Estates.

Copies of the LSPOA Deed Restrictions, By-Laws, Guidelines, and ARC Request Form are available by clicking on the respective tabs at the top of HOME page.

LAKE SUZY BOATING AND FISHING RESTRICTIONS

  • Lake Suzy is a private lake, not for use by the public. The lake and the fish in the lake belong to its lakefront property owners.
  • The use of Lake Suzy for boating, fishing and other recreational purposes is limited to the Lake Suzy lakefront property owners and their invited guests.
  • Guests may fish alone while a houseguest of the property owner, but only while a houseguest of the property owner. Permission to fish by a property owner to a guest for an indefinite or unlimited time period is prohibited. Permission is only granted for that period of time while the guest is visiting the property owner.
  • Owners of vacant lots must be present when a guest is fishing from their lot(s).
  • Per our Deed Restrictions, no powerboat or other mechanically powered watercraft or device driven or propelled by other than man-power, sail, or electric motor shall be used or operated on Lake Suzy, except a maintenance person(s) under a contractual agreement approved by the Lake Maintenance Committee. 
  • All motorized boats, and watercraft of any kind (to include canoes, kayaks, paddleboats and rowboats) owned by lakefront property owners shall have an official decal, provided by LSPOA, affixed to the bow (front) of the boat on both the port (left) and starboard (right) sides. The decals should be located so they can be visible and recognizable. Boats without decals are not permitted on Lake Suzy. This will help protect Lake Suzy from the possible spread of algae and/or other harmful vegetation from other lakes brought in by non Lake Suzy boats.
  • There shall be no boating within 30 feet of the shoreline in order to prevent damage to underwater irrigation pipes that extend into the lake.
  • The fishing policy on Lake Suzy is catch and release of all BASS SPECIES and any other state protected fresh water specie. Additionaly, all State of Florida license requirements and fishing regulations must be followed.
  • For lake preservation and the security and safety of our residents, any unusual activity or unauthorized use of the lake should be imediately reported to the Sheriff's office for enforcement at 743-6777(local) or 863-933-4700.

ARC REQUEST FORMS AVAILABLE ON THIS WEBSITE

Copies of the Architectural Review Committe Request Form are now available directly from the HOME page (click on 'ARC Request'). The ARC must approve, before work is initiated, all structural additions to any property. The LSE Deed Restrictions and Bylaws are also available from the HOME page (click on 'Restrictions').

 

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