IMPORTANT MESSAGE TO ALL LSE RESIDENTS FROM THE BOARD OF DIRECTORS

Residents of Lake Suzy Estates are protected by community covenants that maintain the beauty of this enchanted place.  These covenants, sometimes called deed restrictions, are rules insuring the integrity of construction, landscaping, and other aspects of community living.  One important function is protection from the careless behavior of otherwise good neighbors.  The letter below was sent to three residents who have placed boats or boat trailers in public view.  Doing so detracts from the beauty of our community and violates our covenants.  The letter reflects the Board of Director’s desire to be considerate and neighborly while making clear that the noted violations must be corrected.  In contacting violators, the Board provided a 30-day grace period which ends on August 16, 2009.  If these violations continue after that date the Board will issue formal letters of warning and, ultimately, fines will be levied.  At the end of that process, as defined by our covenants and Florida law, the Board will take violators to court to collect any unpaid fines.
Over the past two months the new Board has conducted “street meetings” at which members have made clear their support of our community covenants.  They have voiced their dismay about the “eye sores” created by the placement of boats and boat trailers in public view.  The covenants protect all residents from such unsightly violations and the Board is committed to enforcing the community’s will.  Finally, it is interesting to note that no one other than the violators support the public display of boats and boat trailers.  This is not an LSPOA issue but a concern of everyone, members and non-members alike, about behavior that is having an adverse effect on our community.

Here, then, is the letter issued by the Board in an attempt to resolve this matter amicably on behalf of all residents of Lake Suzy Estates. 


July 14, 2009


The LSPOA Board of Directors has received a report from its Architectural Review Committee (ARC) that a boat and boat trailer are parked on your property in violation of our community covenants.  While many Lake Suzy residents are avid boaters, we understand that our covenants are designed to protect the beauty of our community and, as a consequence, we place our boats in the lake, inside a closed garage or outside of Lake Suzy Estates.  Because we value a congenial and civil community, we are asking that you remove your boat and trailer from public view within the next thirty (30) days.   All boaters understand that there can be special circumstances under which boats and trailers may need to be temporarily parked in public view.  Should you have future need for short-term public parking of your boat and trailer, you should contact the ARC or the Board of Directors and request permission.  In the spirit of community accord it is likely that temporary permission will be granted.
Although regrettable, some in Lake Suzy Estates have suggested that the 1999 deed restrictions are the only ones in force.   Our association attorney has made clear that this is not the case and that all covenants are in effect except the one requiring mandatory membership.  All parties agree that the 1999 covenants are in effect and Part B, Number 11 of those restrictions reads in part, “No boat, boat trailer, motor home, travel trailer or any other RV shall be stored on any lot without approval of the Architectural Control Committee.”  (Note:  The Architectural Control Committee was the controlling agent prior to the transfer of governance authority from the developer to the LSPOA in 2003.  Under the Bylaws of the LSPOA that authority now resides in the Board of Directors and its Architectural Review Committee.)
Every property owner in Lake Suzy Estates (LSE) was made aware of our community covenants when they purchased LSE property.  This is true today just as it was in 1973.  In fact many of us purchased property here specifically because the covenants protect and maintain the beauty of our lake community.  At a recent meeting of community residents all reaffirmed their commitment to our covenants and voted unanimously in support of covenant enforcement.

Lake Suzy Estates is a wonderful place to live.  Our community covenants represent one way by which we seek to maintain a beautiful, tranquil and civil community.  We ask that you conform to these covenants within the specified timeframe so that no further action in this matter is required.  We thank you in advance for being a good neighbor.

Renee’ Martellini, ARC Chair
Buck Million, BOD Chair
    

LSPOA HOLDS ANNUAL MEMBERSHIP MEETING

On Saturday, May 30th LSPOA held their Annual Membership Meeting at the Kingsway Country Club. Over 40 members attended, although we missed our snowbird friends who could not be with us. The meeting was full of positive energy and good news. Our Special guests, Sheriff Wise and Commisioner Buddy Mansfield provided their greetings (see Neighborhood Watch Program in Bulletin Board section). Treasurer Don Drinkwater presented the end of year Financial Report with a LSPOA bottom-line healthier than the previous year. There were no legal expenses associated with the court defense of the Presilla lawsuit, thanks to liability insurance coverage.

President Len Anderson provided the details of the results of the Court's decision on the challenge to LSE Deed Restrictions. Everyone was relieved to know that the 2005 Deed Restrictions are valid and enforceable by LSPOA. See below article - Court Rules in Favor of LSPOA.

The proposed budget for the 2009/2010 fiscal year was approved. The budget reflected savings through volunteer mowing of Kings Row by residents, which had historically been the policy before 2007. Annual membership dues remain unchanged at $325 per property.

Len Anderson reviewed the list of LSPOA Activities and Accomplishments during the last year. The Board and community made many positive, constructive improvements during 2008-2009. Various committees also reported on their activities and future plans. Rollie Schindler was given special thanks for mowing of Courtly Manor Park. Len Anderson and Chuck Celaya were honored and thanked for their devoted service to the Lake Suzy Community. Two new members were elected to this year's LSPOA Board of Directors and ARC, Buck Million and Judy Thompson.

After the meeting was adjourned the new Board met briefly to elect officers. During the buffet lunch provided by Kingsway Country Club it was announced that Buck Million had been named the new President and Renee Martellini the ARC Chairperson. Congratulations!

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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