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LAKESHORE NARRATIVE
In
2009 the McFadyen Lake Association began talks with the developer Lakeshore
Harbour LLC and its sales associates Luxury Condos LLC concerning their properties
(lots/units) being subject to the 1979 McFadyen Lake Restrictive Covenants.
After
three years of discussions without a resolution or agreement the MLA placed liens for nonpayment of dues and
a lawsuit was promptly brought against the MLA by these LLC's . The MLA filed a counter lawsuit to prove that
the LLC's properties (lots/units) were subject to the Restrictive Covenants and
to collect back dues owed.
In
March of 2013 a mediated settlement was reached before the case was heard in
court; in which these LLC's stipulated
that units (lots/ pin #'s) of their condominium development are now Class A
members and subject to the McFadyen Lake Association Restrictive Covenants.
In
2009 and 2010 the MLA attempted to collect dues from Lakeshore HOA members
individually since the dam was rebuilt in 1996 but suspended the effort because
of the ongoing negotiations with the developers questioning if they were even
subject to the Restrictive Covenants.
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