Click on the link below to access the final revised bylaws that will be voted on next month. Each section will have a separate vote on the ballot. That way, if you like one section, but not another, you can vote yes or no to each. The ballots will be mailed to you March 1, 2020. The due date to return the ballot is April 15, 2020. On April 18, 2020, at 9:00 am, the ballots will be opened and counted in a public forum. Anyone wishing to participate in ballot counting please send an email to talktous.org and we will make sure you are included. The results of the vote will be presented at our annual meeting on May 2, 2020. Please mail any questions or comments to talktous.org. or comments below.
The board has discussed and is willing to grandfather current property owners, as many of these changes are an attempt to preserve the conformity of property use as originally intended by the Developers of Lakewood in 1982. These changes will need to be voted on and approved by 75% of our property owners either by proxy or ballot. For now, please add comments and suggestions and the board will respond in a timely manner.
This document refers to a “Developer”, e.g. in Sections 6.1 and 7.3. I looked up the definition of this term in the original Covenants and Restrictions document available on this website. It referred to what appears to be a legal entity called “Lakewood of Wisc. Inc.”.
Is this referencing the original developer who built the subdivision in the late 70s, early 80s? Do they still exist? If so, what role do they still play in our subdivision/Association?
Thanks for sharing this information. It has reminded me to revisit the current bylaws and covenants to have a better appreciation for the proposed changes.
Best regards.
Vickie, Lot#23
Curious, is there any grandfather clause for homeowners who are in violation of these new bylaws prior to them existing:-)
Wisconsin has a right to rent law, how are you able to overturn a state law? I also emailed the board yesterday & haven’t seen a response to my question.
Absolutely no on the vote for me. I do not agree with the updated bylaws and will vote NO when it is time to vote. I am requesting a special meeting to go over the suggested bylaws and should the meeting should include all members. I have owned for almost 20 years and have no intention of staying in a “cabin subdivision” with these ridiculous rules. We go there to have fun and relax, not to worry about if someone has guests over tenting for a night or if our neighbor decides to rent their cabin out. We own the property! It is our business. This may lower our property values and could make it difficult to sell our cabins if we add these new bylaws.
3.5 Rentals/Leasing prohibited- we are SO against this. We own the property and should be allowed to have anyone we want rent our places. I certainly understand and can agree that we don’t allow them use of the lake front area as part of the rental. Again, WE own the property.
Our family has owned in Lakewood for over 16 years and have been wonderful neighbors. The rentals allow other people to fall in love with the area as we all have, as well as provide some extra income to pay regular bills and continue to upgrade our places, increasing the property values for everyone.
It also brings people to the area year round to support the local businesses (such as Northern Bay, JB, Lucy’s, Spot in the Woods, Splash, Michael’s, Carlson’s, and many, many others. , especially in winter when it is VERY slow.
We could support a type of “three strikes, you’re out” kind of thing, where if renters are repeated issues, it could be addressed but we have never had issues, nor heard of any others.
Work on the things that matter most like empty lots that are overgrown and not taken care of. This whole approach by this Board is WAY over the top.
We will vote NO!
This is from the meeting, Each change will be voted on, yes or no. Large amount of information but we
will break in to separate items. 8-10 big changes. The changes are common in other POAs in Wisconsin and
nationwide. Husch Blackwell is very prestigious law firm and experts in this field. Most POA’s are for condos, not single family owned homes on minimum 1/2 acre lots. Kinda feels like we are going to be annexed with Northern Bay, because THEY ARE SO GOOD TO US. We will be voting no.
This is from the meeting, Each change will be voted on, yes or no. Large amount of information but we
will break in to separate items. 8-10 big changes. The changes are common in other POAs in Wisconsin and
nationwide. Husch Blackwell is very prestigious law firm and experts in this field. Most POA’s are for condos, not single family owned homes on minimum 1/2 acre lots. Kinda feels like we are going to be annexed with Northern Bay, because THEY ARE SO GOOD TO US. We will be voting no.
Can you post the current bylaws? It seems they are either not posted on this website or they are hidden in one of the folders. Please let all of us know where to find them so they are made public to our members. I believe our members would like to see the current bylaws that are in place. I did see that they are on the Facebook site Lakewood Property Owners but why are they missing on this website?
I looked thru all of the tabs and could not find them.
The Bylaws and Covenants and restrictions are in the Member Information tab, 4th from the bottom, not hidden.
They must have been deleted because they don’t show up.
Having been on the Board since 2013, we have communicated with many, many of our homeowners over that time and several thoughts, questions, concerns , complaints and suggestions were shared with us through these conversations/emails. I would say the majority of these opinions were just as passionate as the opinions in the other posts currently on here and from these homeowners is where the suggestions for these bylaw updates originated. These weren’t just random changes that the Board came up with. These ‘proposed changes’ were compiled from homeowners feedback over the years, sent to the lawyer and then the Board whittled away at what was thought to be the “most important” changes for our community. We, like everyone else, had an opinion and when change is suggested and put in front of us, we like to know all of the facts (why is this change important? What might be the repercussions if we don’t make this change? Will our association be better in the long run if we amend this?). As we have heard first hand ourselves, there are SO many false stories/rumors flying around Lakewood right now .If you have a question, you are best to use this forum here OR talktous@lakewoodpoa.org. It’s really a shame that homeowners are not looking at the whole picture of how we need to protect our community. It’s equally disappointing that our past Board of Directors, dating back to 1982, never addressed the aging and outdated bylaws! This should have been done “several” times in the past 37 years….one or two changes at a time over these years. We, and specifically the longer homeowners, have for lack of a better word been kind of spoiled as we have settled into the fact that there has been NO changes over the years…..had there have been, we are convinced that this wouldn’t even be an issue!
Anyway, we are about protecting our investment and maintaining the value of our property and its surrounding area. Our place in Lakewood, at one point had a full time rental on one side of us and a weekend (as well as long term) rental across the street, so yes, we are anti-rental! During this time adjacent homes were broken into and burglarized by one of the long term renters and another by a weekend renter. We want to know our neighbors and know that a different renter isn’t in a rental each weekend that has no vested interest in Lakewood. Renters who are not vested in our community can be disruptive….some of the disruptiveness that we had had to endure with these renters was loose and barking dogs, excessive fireworks, late night parties and loud music, those renters using/abusing our lakefront and jeopardizing our ATV/UTV routes by racing through our neighborhoods.
Lastly, as everyone so adamantly stated a firm “no”…..we are going to think about each ‘proposed change’ and vote the way we think is best for Lakewood and our homeowners.
It is too bad that you had a problem with your neighbors but I don’t believe we should have to change the rules and bylaws because you had a bad experience with your neighbors. I have had friends and family stay and have never had a problem and I don’t know any of our friends and neighbors that have had any problems either. Like others have said, we have had people stay at ours and they really loved the area and ending up buying a cabin. If we own the property, it is ours to do what we wish. If I have friends stay, I really do not need the associations approval.
It is too bad you had a bad experience. Maybe you should have called the owners and complained to them. Because you had a bad experience, we are all supposed to change the bylaws? I have had friends and family stay at our cabin and never had a problem. I don’t want anyone telling me who can stay at my home. I have paid for it and pay the taxes. I am a responsible owner and feel that what I do with my cabin is my business. My neighbors and friends have never had any issues either. We have neighbors that have their family out once a year and have tents out for them. It does not bother us or anyone else on our street as far as I know. I am sorry but this is a subdivision filled with cabins and we go there to enjoy ourselves and meet up with family and friends. These changes are not good for resale value and could chase new potential owners away. We all need to remember why we bought our places in Lakewood to begin with.
There are parts of these revisions that I don’t care for and there are some issues missed entirely. I don’t see anything regarding “unkept” properties. There are several that have “clutter” that in my opinion, needs to be cleaned up. I also don’t want the Association to turn into a trailer park and there has been one camper on a lot this past year. It’s not unsightly at all and is well kept but the others that come in may not be. I believe there needs to be more work done on this revision. As is, my vote would be no. I don’t want the Board to be discouraged by the comments but clearly there is more that needs to be done before these revisions have a chance at passing.
Carin Tio, please refer to ARTICLE III Use Restrictions. The Board of Directors are governed by our By-Laws, Declarations, and Covenants and Restrictions to create rules for the Lakewood community.
Please refer to ARTICLE VI of our By-Laws, Powers and Duties of the Board of Directors, 6.02(b); Adopt and publish rules and regulations including fees, if any, governing the use of The Properties and the Common Areas and facilities, and the personal conduct of the Members and their guests thereon.
The Board of Directors have deemed that residential purposes do not include commercial leasing of Lakewood properties for personal or commercial financial gain through leasing; short-term, long-term, or otherwise. You would be in violation of the Board of Directors decision on commercial leasing made in 2018 if you are leasing out your Lakewood home. We posted this publicly on our website for open review by all property owners in the 2018 Board of Directors meeting minutes.
As as a reminder, below is information from our current By-Laws, Declarations, Covenants and Restrictions which can also be found on this website:
ARTICLE III
Use Restrictions
3.1 Single Dwelling. No building or structure shall be constructed on a Lot other than a single family residence and a one or two-car garage, and no Lot shall be used for other than residential purposes.
ARTICLE VI Powers and Duties of the Board of Directors
6.01 The Board of Directors shall have power to:
(a) Exercise for the Association all powers, duties and authority vested in or delegated to this Association by law or the Declaration and not reserved to the membership by other provisions of these By-Laws, the Articles of Incorporation or the Declaration;
And
(b) Employ a manager, an independent contractor or such other employees as they deem necessary, and to prescribe their duties.
6.02 It shall be the duty of the Board of Directors to:
(a) Cause the Properties and the Common Areas to be maintained in good, clean, attractive and sanitary condition, order and repair;
(b) Adopt and publish rules and regulations including fees, if any, governing the use of The Properties and the Common Areas and facilities, and the personal conduct of the Members and their guests thereon;
(c) Cause to be kept a complete record of all its corporate affairs, make such records available for inspection by any Member or his agent and present an annual statement thereof to the Members;
(d) Supervise all officers, agents and employees of the Association and see that their duties are properly performed;
(e) Issued upon demand by any Member a certificate setting forth whether or not any assessment has been paid and giving evidence thereof for which a reasonable charge may be made;
(f) Designate depositories for Association funds designate those officers, agents and/or employees who shall have authority to withdraw funds from such accounts on behalf of the Association, and cause such persons to be bonded, as it may deem appropriate;
(g) Hold a public hearing on the proposed annual budget and approve the annual budget by a majority vote of the directors;
(h) Fix the annual general and special assessments in accordance with the provisions of the Declaration;
(i) Annually set the date(s) assessments are due, decide what, if any, interest rate is to be applied to assessments which remain unpaid 30 days after they become due;
(j) Send written notice of each assessment to every Owner subject thereto at least 30 days in advance of the due date of the annual assessment or first installment thereof;
(k) Cause the lien against any property for which assessments are not paid within 30 days after due date to be foreclosed or cause an action at law to be brought against the Owner personally obligated to pay the same;
(l) Procure and maintain adequate liability and casualty insurance to protect the Association, its employees and its personal and real properties;
(m) Enter into mortgage agreements and obtain capital debt financing subject to the provisions of the Declaration;
And
Exercise their powers and duties in good faith, with a view to the interests of the Association and to this end adopt appropriate guidelines for action on matters where a potential conflict of interest may exist.
Respectfully,
Eric Koppa
President
Lakewood POA
I have read the Articles, Bylaws and current covenants. The current covenants that originated and were recorded on May, 20, 1982 also contain a First Amendment dated May 25, 1982 and a Sixth Amendment recorded February 7, 2014. I don’t see where the 2nd, 3rd, 4th and 5th Amendments are listed under the Bylaws, Covenants and Restrictions tab under Member Information. Can someone please direct me to their location. If they are not on the website can someone please add them. I feel that I don’t have all the information needed. Thank you
Will we be able to vote on each proposed change/revision separately?
Please share my questions and answers on this site with all members. Thank you.
I did not attend the Annual Member Meeting. I do have some questions about the changes to the bylaws. I know many other members that do as well. I was also told non of their questions and concerns were addressed at that meeting. Will the board be initiating a meeting sometime very soon to address these issues before sending out the voting documents?
Hi! Does anyone know when the voting ballots will be coming? When is the decision date? Can someone let me know ASAP? Thanks!
To our Lakewood Property Owners curious about more information regarding the attorney proposed changes to our Bylaws, Covenants and Restrictions, our board will be meeting in early July to discuss dates of the ballot and proxy mailing as well as a town hall style meeting. Currently we are targeting late July/early August to mail out the ballots, proxies, and specific changes that are of highest importance to the board and our community, based on ongoing feedback from concerned property owners. Before the vote, in September, the board will be conducting a 2 hour town hall style discussion, at either Northern Bay or our Lakefront Pavilion. Stay tuned for updates on the website for when the mailing will be going out as well as the date of the town hall on a Saturday in September. Thank you for your patience as we tackle modernizing our Bylaws, Covenants and Restrictions, which have not been updated in 30 years.
Respectfully,
Eric Koppa
President
Lakewood POA
What are the requirements to have these new bylaws pass? Is it 75% of just the returned ballets or is it 75% of all lots voting yes?
It will take 75% of all lot votes. No vote = NO
I have owned for 28 years and come here to get away from work and the city. I have never had any problems with my neighbors and everyone keeps to themselves and enjoy themselves when they are are here. I didn’t buy in a gated community or a condominium with ridiculous rules. I pay my taxes and don’t believe anyone has a right to tell me what I can or cannot do to my property or who I have in my home.
If you want to have some rules for the beach within reason that is fine. You have wasted a lot of money on the gate for the beach, which you can walk around. For the amount of vandalism, I don’t think it would add up to cost associated with the electric fence.
The legal fees to create these new rules is insane. If you want more rules, you should go live in a gated community and stop trying to change with what already exists here. If it is not broke, don’t try and fix it. That money that you have wasted on the bi-laws you could have invested with improvements to the beach playground equipment and upkeep.
I have many family members who also own in our subdivision and trust me they are against this pettiness. We will not be voting for any of this.
We have owned up here for 19 years. We have never had an issue with any of neighbors. We keep to ourselves and enjoy our family time up here. We pay our taxes, we pay our dues. The proposed changes are not in our favor as owners. The thousands the board spent to even propose the changes is insane. I agree with the statements above that the money would have been better spent improving the beachfront playground. These all seem beyond petty. If I want my family to come up and pitch a tent for the weekend that is our property and our business. I don’t need someone to telling me what I can do with my property. As far as the association the only shared property is the beach. That is all the association should be controlling. To say we are beyond concerned with these proposed changes is an understatement. The lack of transparency is sad. It seems a lot of this information is not easy to find. These changes has seem to come from a few petty owners. We also agree the money spent on that ridiculous gate was a waste. We are NOT a gated a community and we should not have these restrictions in place. We will be voting NO
We have owned up here for 7 years. We come up here to get away from the city life! The last thing we need is someone telling me what I can or cant do with my property. I agree with everyone I talked with that the boards resources should be directed at the common shared beach area, and not our personal properties. The playground equipment is falling down and unsafe. The money you spent on on legal fees, with no input from the homeowners could have bought new play ground equipment. We will be voting no, and urging everyone we know to vote no also.
I have some concerns with these changes as they will provide a small group of people (the board) a considerable amount of control over what can be constructed on one’s property and how it can be modified. The set-back requirements proposed here will forever prevent me from putting a garage on my property, which also means I’ll never be able to store a vehicle on my property over the winter (according to the vehicle restriction). I bet the owner on Cypress Dr. is ecstatic to be completing his 4 car garage right on the street before these changes can go into effect, I would be :). We want to repaint our exterior a dark blue color, but now I wonder whether that could be denied if it isn’t considered a “reasonable woodland residential exterior?” What does that even mean and how can such a standard be objectively applied?
I understand the need to update by-laws, to have more authority to address blighted properties (which there are quite a few), and the desire to maintain a certain “feel” to the community (I’m fine with things like not allowing structures made from PVC pipes, tarps, and barbed wire fences), but I don’t want to be a part of a POA that gives so much power to such a small group of people; especially when standards are set with such vague terminology as “reasonable woodland residential exterior” and “materials that conform to… the surrounding landscape, primary residence, and Lakewood residential dwellings.” Subjective definitions lead to subjective decisions, in my opinion. We were leery of buying in a POA but purchased after reading the by-laws and finding there were few restrictions. I hope we don’t eventually regret our decision.
I see these proposed changes as an opportunity open up important discussions that I hope can be civil and constructive. I am opposed to some of the proposed changes, but not all of them. Having served as board chair for a non-profit organization I am aware of the pitfalls of making significant policy changes. I hope that this process is not rushed and that the board works to obtain widespread feedback and buy-in from the Lakewood community. And finally, I hope we can eventually find a happy medium that addresses things like blighted properties and rental concerns while providing the flexibility for us to control what we own.
This moment has the potential to bring us together or tear us apart. I hope for the former.
Thank you to the numerous Lakewood POA property owners who have expressed their views, comments, and opinions on pending changes to our Bylaws, Covenants and Restrictions at Lakewood. Our governing documents have not been amended for 30 years. The Lakewood board members and officers work diligently year-round to manage our community affairs and finances, not just for the benefit of our present property owners, but also for the benefit of future property owners, especially when we make decisions that require a financial investment. Fortunately, we have been a frugal board these last five years and managed our finances well enough to only see incremental increases in our annual dues, and yet have brought in a great deal of revenue by addressing liens and delinquent past-due association dues and through advertisements on our new website. Fortunately, we were able to afford to hire an attorney using our reserves and not through a special assessment. The board has heard many suggestions these past 10 weeks since our annual meeting and will not be sending ballots out until after our September 14th, 2019 Town Hall style meeting from 9:00am to 11:00am at the Lakefront pavilion. Please mark your calendars and we look forward to seeing you there to continue discussing the proposed changes. We will record and take all reasonable suggestions under advisement in order to work cooperatively to gain full or at least 75% support from our property owners on these important changes before ballots go out. We also see the advantage of continuing our dialog electronically before engaging in a costly mailing in order to vote on changes that may not go through in light of the many thoughtful comments, suggestions, opinions, and proposed revisions we continue to receive from you. So, please keep up your communication on both our website and by emailing us directly to talktous@lakewoodpoa.org. Have a great rest of your summer and we look forward to seeing you on September 14th, 2019 from 9:00am to 11:00am.
Respectfully,
Eric Koppa
President
Lakewood POA
I know many people who have disagreed with “Property Owners Associations”. These “Associations” do have legal rights to restrict use of properties within their communities, but such restrictions must be spelled out in the “By Laws” that are published and shared with owners and potential buyers. Te Bergman corporation that established the Lakewood subdivision did publish by-laws and shared them with the original buyers of the properties. I was not an original buyer, but did buy in to Lakewood in 1992, The real estate agency the handles the sale made sure I had a copy of the ‘By laws”. I have been careful to abide by the Bylaws and building codes of Adams County and Strongs Prairie Township.
The primary responsibility of the Lakewood Property Owners Association (LPOA) is to manage the common areas. The By Laws spell this out very clearly. A secondary purpose is implied by Article III of the “Declarations Of Covenents and Restrictions ” section of the LPOA documentation where the land use of each property in the community is restricted to “3.1 Single Dwelling. No building or structure shall be constructed upon a Lot other than a single family residence and a one or two-car garage, and no Lot shall be used for other than residential purposes.” This is pretty simple language. Owners who did not read the By laws are still responsible for abiding by these rules. “Ignorance of the law is no excuse”.
These rules were written to protect the interests of all property owners. Who wants to look out their windows and see a hodgepodge of poorly designed and constructed structures? With this in mind, the LPOA Board of Directors are attempting to clarify the covenants and restrictions. We can’t fault them from doing this .
As Shane Jones said “, I hope we can eventually find a happy medium that addresses things like blighted properties and rental concerns while providing the flexibility for us to control what we own.
This moment has the potential to bring us together or tear us apart. I hope for the former.”
As long as a majority of property owners agree with the newly clarified rules, we should make this happen.
Eric, Thank you for letting us know in your comments section about the town hall meeting on September 14th. With issues that could potentially effect our enjoyment and value of all of our properties, wouldn’t be prudent to send out an email, or snail mail notice of this meeting?
This IS NOT a community of the few, its a community of all of us.
I agree about the notification of the meeting. The information regarding the town hall meeting should be mailed and emailed. There are many members that do not either know about this website, or find it difficult to navigate. We need to let ALL members know about the meeting and upcoming attempt to change the bylaws. We can not just hope that they find out from another member – everyone needs to be notified. We should also have an official Facebook page. So far, it seems that many of the members follow what is going on thru Facebook, although we are not allowed to use that to get important information or voice our concerns. I think having our own Lakewood Member Facebook page would be very valuable.
I purchased my place in Lakewood Estate i wanted to move away from the hustle and bustle of city life.I liked Lakewood Estate its open not an gated community, owners control their homes without any interference from any association .
Our first (DECLARATION OF COVENANTS AND RESTRICTIONS WAS SIGNED MARCH 20TH 1982.
Somehow we have survived for (37) thirty seven years without any new (DECLARATIONS) added to our association.
Looks like our present (BOARD OF DIRECTORS) feel things must change for the betterment of Lakewood Estate.
I strongly feel we must have in our covenants and restrictions that no board of directors be allowed to add any new declarations without a 100 per cent vote from all members.
I will vote NO on the proposed Bylaws and Covenant amendments for Lakewood POA.
I purchased my home in Lakewood Estate because I liked the fact that it was not a gated community and home owners were responsible for their properties without any interference from any association.
(Our present declarations of covenants were signed March 20th 1982) we have survived for (37) thirty seven years without any new declarations added. Our present Board of Directors feel that they want to add new Bylaws and Covenants. The Board of Directors should not make any decisions unless they have 100% vote from all home owners. I will vote no on the proposed Bylaws and Covenant amendments for Lakewood Poa
Paul Haugh
Is the meeting date and agenda going to be mailed out? And emailed to all of the members? There are many members that do not either know about this Lakewoodpoa.org website or find it difficult to navigate. All members need to be notified. I did add a reply last Thursday but have not seen it posted. I suggested an official Facebook Lakewood Association Facebook page. It seems many of the members were following the Facebook page that we have had for many years, but with it not belonging to the Lakewood Association, we should have our own Facebook page to post suggestions or opinions. Also, that would help to keep us all informed of what is happening so we are all aware of any changes that are being considered or upcoming events.
Eric,
Will YOU please, or at least, delegate one of our board members to send an email to all of our members regarding the town hall meeting?
Please? Other members have requested this as well. This website is difficult to even locate, let alone navigate for some. I still cannot find it by simply searching it. The only way I can access it is through a link posted on the Lakewood Facebook page. A lot of our members probably have busy lives and don’t have a lot of time to try and locate this website. Not only is it the fair thing to do, but it is the right and responsible thing to do, as president of our association. It is so important that we are all given the opportunity to be present and informed. Transparency is key here. It shows that you back up what you say and are a man of your word. I truly believe you can create a more open minded environment coming into this, as opposed to what could potentially be hostile and argumentative at this point. It does appear as though the board does not want everyone to be informed. We have asked nicely. Please just do it. Thank you for your cooperation.
Dianne
Dianne,
The Lakewood POA Board of Directors are meeting again on August 24th, 2019. We will discuss emailing members a notification regarding the Town Hall meeting at the Lakefront pavilion, scheduled for September 14th, 2019 from 9:00am-11:00am. We’ll also have the Town Hall meeting announcement on the home page of our website for those who can access our official website for official Lakewood POA information. In the year 2019, most POAs are transitioning to electronic communication. We too are working diligently to evolve into the modern age. We will continue to have an annual postal mailing for the announcement of dues and our annual property owner meeting in May. Dianne, thank you for your suggestions and I encourage you to get involved on our board if you’d like to help enact change and participate in the care and governance of our Lakewood community business and communication. We currently have a vacancy on the board and always welcome volunteer efforts that benefit us all.
Respectfully,
Eric Koppa
President
Lakewood POA
Thanks Eric. I will keep it in mind.
Well apparently the numerous requests to have the Town Hall meeting date mailed or e mailed to all of our residents has fallen on deaf ears. No surprise there. Hopefully those attending the meeting have carefully thought out their questions and concerns so they can be be vocalized and addressed in an orderly and productive manner. To the board members, I hope that you all are not on a tight schedule and are willing to carry the meeting a little longer if need be, so as to respectfully address all questions and concerns to the satisfaction of our residents. Since many people have had difficulty locating and deciphering through the current and proposed by laws, having paper copies to distribute to those in need would be very beneficial and considerate. Actually, they should have been mailed out a long time ago. This can still be accomplished. I’m sure our budget can accommodate the cost. It’s simply a matter of only ONE of our board members to get the job done. Lastly, it is my hope that the board members are prepared for, and have all of the information necessary to address all anticipated questions and concerns. Looking forward to a successful and productive meeting.
Hi Dianne,
I am not able to mail out before the meeting, but WILL have paper copies with some clear language and explanations of each change to hand out at the meeting on Saturday. I am confident that Eric will explain each change and all questions will be answered. Then, we will mail out the explanations and a ballot to each homeowner on November 1st to be returned by November 30th. Thank you for your comments and suggestions.
Amy Volkmann, Secretary
I want to thank the board for taking the time to hold the town hall meeting this morning. By the end of the meeting (once the heated rhetoric had subsided) I felt that we were able to reach some areas of agreement. We all want to live in a safe, well maintained, and friendly community. The board is in a unique, and difficult, situation of handling the complaints and grievances from owners over neglected properties and negligent behavior. However, developing a set of policies that address current and future issues will inevitably lead to pitfalls/conflicts in the way they are interpreted by those asked to vote on and approve them. In my opinion, that is what has happened. Although I don’t agree with all of the policies, I do think there is room, and need, to address certain things that I believe can garner wide support. Below I have addressed the articles that I agree and don’t agree with. I hope others do the same so that we can find areas of common ground. I hope I’m not alone in my desire to have reasonable expectations of owners so that our community doesn’t become a free for all and turn into a neighborhood indistinguishable from some of those around us.
3.1 Single Dwelling. I don’t have too many issues with this article. However, based on today’s discussion and the rule set in article 3.3(b) of a maximum of 1200ft garage, it would be possible to have a 3 car garage. So, the one to two car garage statement conflicts with the statement in 3.3(b) in my opinion.
3.3. I’m in favor of restricting the use of non-permanent shelters made of pvc, tarps, fabric, cloth, or other non-sturdy materials (like sheet plastic), and makeshift lean-tos. However, I’m not opposed to well constructed plastic sheds and unattached garages with living quarters above if the garage falls within the parameters set out in 3.1. I don’t think the snow fence needs to be kept in this section of the article as it is addressed in 3.3(a). I have an issue with the statement “reasonable woodland residential exterior”. It’s very ambiguous. I would remove this and just leave it as “compared to conforming neighboring existing…”
3.3(a) I’m in favor of restricting fences of chicken wire, barbed wire, and snow fence. The second sentence that begins “Fence materials must conform to the colors…” is ambiguous. Again, I would drop this or modify it to the statement in 3.3 “compared to conforming neighboring existing…” I’m fine with the set-back requirements.
3.3(b) I understand the set-back requirements are set by the county, so I’m fine with that. Again, I’m personally not opposed to living quarters above a garage if the property already contains a single family dwelling or if the owner has a single family dwelling one on lot and wants to put a garage with living space on an adjacent lot (following article 3.1). As used before, the statement regarding the conforming materials is very ambiguous. Would compare to other conforming residences.
3.4 I’m in favor of restricting the various structures and vehicles listed for PERMANENT housing. The use of motor homes, RVs, tents for TEMPORARY housing should be allowed, in my opinion. However, ‘temporary’ should be defined. At the meeting today we discussed 2 weeks. I’m not going to propose a specific time period, but 2 weeks seems reasonable. I’m not in favor of requiring vehicles, boats, etc. to be stored in garages as not everyone has a garage. I would be in favor of allowing motor homes, RV trailers, UTVs, cars, and boats that are REGISTERED and in GOOD MECHANICAL WORKING ORDER to be stored on properties. This, I hope, would provide a means to address those that have been abandoned and are falling apart. I’m in favor of restricting the parking of mobile homes, semis, and the like from the road or cul-de-sacs.
Regarding the use of temporary living structures like RVs, tents, etc. I believe they should not be allowed in the common areas. I don’t want the beach area to turn into a campground. I don’t know that this has ever been an issue, but would be good to head off if possible.
3.5 I’m not going to stake a position on the rental and leasing issue. For the record, we do not rent our property and have no intentions of ever renting it, but I’m open to reasoned arguments for it. However, I would restrict the use of the common areas to only property owners and their immediate family and friends. I don’t believe renters should be provided access.
5.1 I have no issues with this article.
Thanks again and I look forward to reading the comments of my neighbors.
Thanks Shane. Your input is valuable. I will make sure we review all your comments as we continue to revise the bylaws.
Happy Fall. Amy
As the board of directors carefully assess the concerns and suggestions brought up at the Town Hall meeting, one subject in particular I feel needs a little more, or less attention, is the use of golf carts in our subdivision. Only one person brought it up and only one person seems to be concerned about it. I believe there is maybe a handful of homeowners that use golf carts, as opposed to many homeowners that drive ATVs and UTVs around our subdivision. I challenge anyone to come up with a valid reason that the use of golf carts are a danger or a nuisance to anyone. They are highly visible, make very little noise, and a person cannot drive them fast if they wanted to. Now the ATVs and UTVs are very noisy and capable of being driven at a very high speed. And many people do, regardless of the posted speed limit. As far as the legal aspect, if they have a light kit, they are legal on the road. They are frequently driven on HWY. 20 by our neighbors at Northern Bay. They are non aggressive leisure vehicles that pose no problem or danger to anyone, unlike ATVs and UTVs. There is already a township agency to govern the use of these vehicles, and there really is no need for additional government to restrict the use of something that poses no harm or annoyance to anyone. I personally believe it is merely the intent of one person looking for something to complain about, with no valid reason. I am certainly open to any valid correction if I am mistaken about any of the aforementioned. I believe this is a non issue and should not be subject to a vote. If it is however, it is my hope that the Lakewood POA take into consideration the points I have made when casting their votes. Thank you.
Thanks Dianne for your comments. As you know, the Board will be making suggested revisions to the bylaws and I will make sure that your comments will get consideration. Thanks again, Amy
Regarding golf carts, I have no personal objection, but I believe it’s a state law that bans their use on public roads. I work with volunteers at a state park and the park had provided them with golf carts to transport people and items around the park, but when the state passed a law banning them on public roads the park got rid of them and replaced them with UTVs. I’m not sure the POA needs to get involved here as it is a state issue, not a local issue we can control.
Thanks for the follow up. We appreciate it.
My thoughts exactly. It’s already being governed. The few golf carts we have are not menacing our community.
I posted a comment on this site Monday September 16, regarding golf carts. It was waiting moderation. Please share this with the rest of the POs or give an explanation why not. Thank you.
I was reading through the bylaws now and the dues are per lot specifically for the beach. Based on that We own two lots and pay dues on both form at many years now, based on the rules I should get a pass per lot. Therefore the association should give us a second gate pass. How can I get it?
Hi John and Colleen, I will have our Treasurer, Stephanie, who is in change of cards contact you to discuss.
Thanks, Amy
Just curious. Has the board come to any conclusion about delaying the voting so as to address the many concerns presented at the Town Hall meeting?
Thanks.
Yes Diane, the Board is sending a letter via snail mail to update all. Also, I posted the letter on the website last week. We are delaying until the first of the year.
Hi there,
Just a few thoughts:
1. I am wondering if we can get an overview of what issues were brought up at the town hall meeting in September and how many homeowners attended?
2. I’d also like to request that the board’s monthly meeting minutes be posted on the website in a reasonable amount of time. Is it possible that they can be posted within 1 or 2 weeks of the meeting? Having generated those minutes myself (including the Annual Meeting minutes) for the past 4 years, I understand that it can be an onerous and time-consuming task. However, if the board is to achieve the transparency it is promising, this might be considered the single most important element in accomplishing that goal.
3. I’d like to suggest that you open up another page to accept general comments and keep this one just for the Bylaws revisions to eliminate having this page be a catch-all and to give homeowners a place to talk about other topics.
Thank you,
Maureen Bain
Secretary, 2015-2019
Thank you for your suggestions. I will make sure to bring them to the attention of the full Board. A letter addressing voting and the actions taken from the Board was posted to the website last week. Around 50 people attended the Sept 14th meeting. All comments were listened to and will be considered over the next two month by the Board. Final revisions to the bylaws will be sent for a vote at the same time renewal notices go out for dues.
Respectfully, is it possible to share what revisions are being considered? If 50 people came to the Lakewood town hall, that’s probably 25 or maybe 30 families that were represented (assuming people came in pairs). Since there are about 300 families in Lakewood, that means about 8.5% of them were there that day. Many, like myself, have not been vocal but are in favor of most of the revisions and believe that an open accounting of the individual changes may foster greater understanding and support. I think the Board’s intention to provide transparency is laudable and believe communication with the members is easily accomplished on this website. Everyone has access to the website (even if a relative/friend prints pages for them) and it is a much more efficient way to spread information than email and much cheaper than USPS. There is a persistent negative opinion being promoted in the neighborhood regarding the revisions. I think the more homeowners understand of the specifics and the goals of the revisions, the more they will support them when it comes time to vote. Also thank you for offering to bring my suggestions to the full board. Could you please update me on when the next meeting is and what is subsequently decided?
Thank you for your comments.
The Board will meet in November and will review all comments and suggestions made through this forum and at the listening session. The intention to is keep all property owners informed of any changes that may be made. It is the goal of the Board to have a ballot available for consideration before the end of the year that outlines the purpose, pros and cons for those revisions.
We just purchased 2 properties last Friday and the previous owners/realtor would not give us any information about any new rules and regulations. If we had been given this website before closing we never would have purchased the property. My husband and I were in a condo association before and vowed we would never do it again. I can understand that you would need rules to protect the common areas, but we bought the property to enjoy and relax. We are adamantly against all these rules and regulations and now understand why the previous owners moved. We will vote NO! if given the opportunity to vote.
Hi Julie,
Thank you for taking the time to voice your opinion. The Board continues to receive comments and make changes to the bylaws based on those comments. A ballot with those revisions will be sent at the same time that the dues letter is sent at the first of the year. When the Board has finalized the bylaws, I will post on the website for review. I am also trying to put together email addresses to send notices to those who want them. Please let me know your email if you would like us to have you on that list. You can contact us directly at talktous@lakewoodpoa.org
Most importantly…WELCOME to Lakewood.
HI,
Thank you for your response. I was the president and treasurer of a Condo Association for approximately 8 years. I know how hard it is to make sure all the homeowners have the facts and I applaud you for taking on this responsibility. Article X in the Articles of Incorporation of the Lakewood Property Owners Association provides for Dissolution. I would love to see what percentage of owners would prefer this option, if placed on the ballot next year. I also believe the only way to communicate with 75% of the members in a fair and bipartisan way, would be USPS.
Julie,
Welcome to Lakewood. It’s awesome to have a new owner with your experience in association management. I’m sure we could use your expertise on our Board of Directors when you get settled in.
A little background on our community here: the Lakewood Association was created in 1982 to protect and maintain our common areas (the lakefront) and to preserve the integrity of the properties within the neighborhood. I believe that is why people bought here in the first place. When we bought in 2004, we were attracted to the quiet streets and the (mostly) quaint well-maintained houses and, of course, the lakefront. Certain rules were put into place at the time to ensure the continuity of their vision.
The Declaration of Covenants and Restrictions outlines the intent of the Developer:
“WHEREAS, Developer desires to create on said property a planned community with permanent open spaces for the benefit of such community and
WHEREAS, Developer desires to provide for the preservation and enhancement of the property values, amenities, environment and opportunities in said community and to this end and in order to insure the best use of the land and most appropriate ecological development and to prevent the erection of poorly designed or constructed improvements, desires to subject said real property to the covenants, restrictions easements, charges and liens hereinafter set forth, each and all of which is and are for the benefit of said property and each owner thereof…”
Interestingly, you mention Dissolution of the Association. Since you only bought a couple of weeks ago, that seems like a pretty radical suggestion. Personally, I look around Adams County and I think we are lucky to have all of this. There is nothing in the area that provides what Lakewood does for $60 a year. And, of course, we would have to sell the lakefront property if we dissolved the association. I don’t know how many homeowners would be in favor of that. Certainly, we would not be.
Maureen Bain
Hi Maureen,
Thank you for the Welcome! I would love to be part of the Board, if they would have me.
I believe that the common area would not be sold but transferred to any public agency, authority or utility as agreed on by 2/3 of the members. The funds in the association account could then be donated to a nonprofit corporation or association. I am not advocating for dissolution, however, from what I have seen and heard the Board is now trying to close the barn door after the cows have left. I look forward to meeting you and our new neighbors.
Julie
Hi Julie,
Thanks for your comments. At this time, the Board is not interested in selling or donating our lakefront property. It is one of the only maintained beaches we have access to and are very proud of the park we have there. I hope you will get to enjoy it next season and see how truly awesome it is. The sunsets are a thing of beauty!
My address is 1762 19th Drive. Stop by when you are in the neighborhood to hi. Welcome to Lakewood.
Sincerely,
Amy Volkmann
Secretary, Lakewood Property Owners Association
Welcome to our association. I’m sorry that the people you bought your properties from did not properly inform you of the rules and regulations of this association. I am certainly glad to see that you are not advocating for dissolution, as you previously suggested, of an association that you have just recently become a member. I am a member of almost 19 years. My husband and I, our children and grandchildren have all enjoyed the common beach area in this time. It requires a lot of organization and leader ship to maintain it so that we can all enjoy it equally. I am not now, nor was I ever a board member. In fact, I have not showed much interest in the meetings or activities of the board until this recent and large amount of changes/revisions have been suggested. I am completely bipartisan, both for and against some of the bylaw revisions. As there has been a lot of negative feedback regarding the bylaw revisions, understandably so, please keep in mind that any of these revisions require 75% of the association to vote in favor of. You do have a vote and it will count. Please be sure to vote according to your preference at that time. Earlier today I posted a comment on this site reminding the board and our members of some things that were discussed at the Townhall meeting held last September. At that time we also discussed having bipartisan members witness the ballot count. The board members agreed to this and there were many supporters. I volunteered to be present. Thus far, there has been no communication with me personally, nor on this site, regarding a plan for the ballot count and/or how it will be witnessed by members who wish to be present. I had requested the board address this topic immediately and communicate the plan with our members. Hopefully my comments will be posted to this site within a very short period of time and be open for discussion with the rest of our members. I too come here to relax and enjoy. I am not a fan of all the rules and regulations but I do understand that some are necessary in order for it to be enjoyed equally by everyone. Castle Rock is an awesome lake! Our beach area is awesome as well. I do hope that you and your family and friends are able to enjoy your properties, the lake and our private amenities without frustration in the near future.
I received a letter from our BOARD of DIRECTORS saying they are not postponing any ballot or voting until after the end of the year.
The letter reminded me of the 2016 Presidential election, one of the (2) two candidates namely Hillary Rodham Clinton unfortunately referred to some of the voters as Deplorables and Smelly Walmart shoppers, that statement may have cost her the election, of course I could be wrong.
Looks like our Board of Directors thinks of our members as not being to smart They want to rewrite our bylaws and make them simple for our members to understand.
We have survived for (37) years with no problem. Our bylaws are just fine as written. What we need to do is to stop any Board of Directors trying to rewrite our bylaws without 75% of our members.
We need to spell out exactly what their authority is and stop messing with the home owners. We are not a condo association.
( IF IT WORKS DON’T TRY TO FIX IT ) What we need to do is stop any Board of Directors from trying to make changes.
Hi Paul,
Just want to be clear that the ballots will be mailed with the dues reminder notice sometime in March. The Board has listened to all comments from residents and has spent extensive time revising those bylaws based on the comments from our property owners. As always, please email at talktous@lakewoodpoa.org if there is anything we can help you with.
Thanks,
Amy Volkmann
Secretary
Amy
Thank you you aid if i needed anything you would help I do have some questions. you can answer, Amy because of my health condition I did not attend only a few POA meetings
I have (2( two lots only received (1) one beach pass
I would like to have a copy the Original Board of Directors Standards
When i was able to attend POA meetings I asked but did not receive
Amy
Thank you
Paul
Paul,
I will get you the original covenants. Please give me a week to get this done.
I will contact Stephanie about beach passes and exactly how they were distributed. I’ll let you know.
Thanks, Amy
I’m interested in knowing why we would want these changes. I don’t see much in the documentation for the need to change. These properties were subdivided into individual, rural residential lots with a single common ground. Adams County zoning ordinances contain the best way of maintaining order. In some instances, I see conflicts of interest. I can’t, in good conscience vote yes on any change. It’s my belief that the proposed changes would lower property values.
Thank you for your opinion and comments on the bylaws.
As was discussed at the Town Hall meeting, any member who wishes to be physically present to witness the ballot count should be allowed. There were many other members who supported this inclusion. I personally offered to be present. Amy took my name, phone # and email address. I have yet to be contacted by any board member regarding this. I am requesting the board address this situation immediately and communicate the plan for a transparent ballot count. It is absolutely essential to maintain any type of trusting relationship between the board and the rest of the property owners. I, as I’m sure most of our members do, have work and family obligations. It is not only absolutely necessary, but also fair and just to give myself, as well as any other members that will be attending the ballot count a considerable amount of time to adjust work/family schedules to accommodate this event. I look forward to a prompt response to this request. I also strongly urge other members to voice their support for this action to be taken immediately in order to maintain a trusting and transparent relationship for which the board was elected to provide. In addition, will you please provide an anticipated date the ballots will be mailed out so that we can watch for them in our mailboxes. Thank you.
Hi Diane,
The Board will meet on January 20th by phone conference and will set all dates for mailing, ballot returns and when and how the ballots will be counted. I am offering to meet at my house on the date set to count ballots. That way, there will be a place and time certain for those that want to count ballots, or be present when they are counted. We will make sure to have that date in writing when we send everything via snail mail. As always, please contact me via talktous@lakewoodpoa.org or stop by for a chat!
Thanks much, Amy
Ok thanks Amy. I have every intention of being present for ballot count. Please be sure to give notice as soon as you decide to give myself and any others time to adjust our work schedules. Mine is not so easy.
Dianne
Hi Diane, I have posted the final version of the bylaws in Member Info on the website. Would you please help let others know it is there? Also, I have you on the list to count ballots. We have scheduled it for April 18th at 9:00 am. Are you available? Please email me you can. Thanks
Amy, Yes I will be there. Where are we meeting?
My place 1762 19th drive. See you then. Thanks for your help.
It was discussed at previous board meetings a year ago (or more) that the homeowners would mail the voting ballots directly to the attorney for a secure unbiased tallying! That’s really the only FAIR way to handle this. Board members and homeowners should have absolutely nothing to do with the turned on ballots until all are counted. For this reason alone it should be a separate mailing from the annual billing statement.
Kelly there is no way for us to know the attorneys the board hired are unbiased. The only fair way to count ballots is in the presence of the property owners. I plan to attend.
The ballots being counted in front of the board and opposing members seems very fair, I would trust this process more than the ballots being mailed in to some location with no witnesses.
I agree and would like to be there also.
Hi Carin,
Ballots will be counted April 18th at 9:00 am at 1762 19th Dr.
See you then and thanks.
Amy
So I have received my annual dues notice, but nothing about the ballots yet. Any idea when they will be mailed out? I believe the count is scheduled for April 18.
Dianne
How is this vote legal? At your last meeting which owners weren’t even notified of properly per our bylaws it was stated a another meeting would be held to discuss these changes and if we want to move forward. This was at our annual meeting. Why is this vote trying to be rushed in before our annual meeting? Who authorized the board to do so per our bylaw rules? You need 75 percent approval from the owners to proceed. These ballots don’t even distinguish who is voting. Does not explain that two lots means two votes. No vote means no – this all seems illegal. The board has not been transparent with this at all. They have not spelled out what they have spent – how they authorized themselves to spend thousands on a lawyer without a vote authorizing it. I think it’s high time to get our own lawyer to review this. This seems like a misappropriation of our HOA dues.
After receiving the ballots and reading them, where do we send them for the voting? The envelope will not work for the return and there was not an address to mail them to. Are we being sent any more information on the ballots? And shouldn’t we have our lot number and name on them so we know they are not duplicated when they are counted?
Why is it after I submit my comment it says it is awaiting moderation? Is someone modifying what I am sending in?
Why can’t we just be able to post our comments without a review?
This is what came up after my first comment.
Your comment is awaiting moderation.
March 9, 2020
Dear Lakewood POA Board,
Few things are more offensive to the rights of homeowner’s than an overreaching POA board of Directors. This type of board is usually run by – for whatever reason – a group of people who seem more inclined to use power and authority to rule over property owner’s than a code of ethics based on mutual respect and kindness. For example, sending out yearly assessment notices with a threat of legal action for non- payment before the yearly assessment is even due.
My husband and I have served for many years as President, Secretary and Treasurer of a condo association in Illinois, and it is through these years of experience that we have learned many things about HOA/POA Board of Directors.
The properties located in the Lakewood Association – to my understanding- are individual lots and approximately ¾ of an acre and up. There are no adjoining condominiums duplexes or townhomes with shared property/walls or parking spaces. Each property is independently owned. This Board should only have authority over the common areas and leave the regulations to Adams County.
After reviewing the 75 pages of the Comprehensive Zoning Ordinance for Adams County Wisconsin, all of the concerns that the Board is trying to force the members to be responsible for, both financially and legally are already addressed in the Ordinances for Adams County and are there by enforceable by the County and should not be the legal and financial responsibility of the POA members.
In the Zoning Ordinances there is a description of the following:
1-3.00 PURPOSE The purpose of this Ordinance is to promote the health, safety, morals, prosperity, aesthetics, and general welfare of Adams County, Wisconsin.
1-4.00 INTENT It is the intent of this Ordinance to regulate the use of all structures, lands, and waters and to:
1-4.01 Regulate lot coverage and the size and location of all structures to prevent overcrowding and to provide adequate sunlight, air, sanitation, and drainage; 1-4.02 Regulate population density and distribution to avoid sprawl or undue concentration or overcrowding and to facilitate the provision of adequate public services and utilities; 1-4.03 Protect and preserve prime agricultural land and to maintain a viable agricultural base; 1-4.04 Regulate parking, loading, and access to lessen congestion and promote the safety and efficiency of streets and highways; 1-4.05 Secure safety from fire, panic, flooding, pollution, contamination, and other dangers; 1-4.06 Stabilize and protect property values; 1-4.07 Preserve and protect the natural and man-made aesthetic characteristics of the County. 1-4.08 Prevent and control erosion, sedimentation, and other pollution of the surface and subsurface waters. 1-4.09 Maintain safe and healthful water conditions; 1-4.10 Prevent flood-caused damage to persons and property and minimize expenditures for flood relief and flood control projects; 1-4.11 Protect the traffic-carrying capacity of existing and proposed arterial streets and highways; 1-4.12 Facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public facilities and utilities;
4-8 Violations and 4-9 Penalities
We will be voting NO on all of the revisions that promote more control to an over reaching POA board of directors and we encourage all of our neighbors to do the same.
Julie Kuhn
I agree Julie. It is a no for us also. We have had our place for 20 years with out any problems. I don’t see the need to be changing the bylaws now or in the near future.
Julie,
Our board welcomes your input and cooperation on the board as we’ll have vacancies in 2021. To be clear the Zoning Ordinance alone for Adams County is a good guide for all residents of Adams County, but our Bylaws and Declaration of Covenants and Restrictions designate how our community is managed, and independent Property Owner’s Associations often have stricter rules than the county or municipalities in which they are located. Although there may be similar language in the 75 page zoning ordinance you reviewed, our focus is on the Lakewood community only. No officers or board members are “inclined to use power and authority to rule over property owner’s than a code of ethics based on mutual respect and kindness,” but rather are concluding the efforts to update our bylaws covenants and restrictions that began 24 months ago. These proposed changes are meant to address the concerns shared with our board over the last 3-5 years, which may not have impacted you, but have impacted a number of our 250+ residents.
I refer you to ARTICLE III Use Restrictions. The Board of Directors are governed by our By-Laws, Declarations, and Covenants and Restrictions to create rules for the Lakewood community.
Please refer to ARTICLE VI of our By-Laws, Powers and Duties of the Board of Directors, 6.02(b); Adopt and publish rules and regulations including fees, if any, governing the use of The Properties and the Common Areas and facilities, and the personal conduct of the Members and their guests thereon.
As as a reminder, below is information from our current By-Laws, Declarations, Covenants and Restrictions which can also be found on this website. The revisions are meant to modernize language, restrict diverse interpretations of “a single family residence and a one or two-car garage, and no Lot shall be used for other than residential purposes,” and help our neighbors increase their property values and enjoy quiet and unfettered use of their private residence without the encroachment of commercial businesses, over-sized or unsightly buildings restricting views or the natural surrounding, or campers, RVs or commercial trailers parked on common areas, and guidelines (an option short of foreclosure or calling the County Health Inspector) to help those who struggle to care for their properties to receive assistance from their neighbors and fellow board members and officers after every attempt has been made to communicate with them regarding major structural or safety issues with their properties and how often those issues (blight/pest infestations/mold/downed trees/etc.) may be effecting their neighbors’ right to quiet and unfettered use of their private homes.
ARTICLE III
Use Restrictions
3.1 Single Dwelling. No building or structure shall be constructed on a Lot other than a single family residence and a one or two-car garage, and no Lot shall be used for other than residential purposes.
ARTICLE VI Powers and Duties of the Board of Directors
6.01 The Board of Directors shall have power to:
(a) Exercise for the Association all powers, duties and authority vested in or delegated to this Association by law or the Declaration and not reserved to the membership by other provisions of these By-Laws, the Articles of Incorporation or the Declaration;
And
(b) Employ a manager, an independent contractor or such other employees as they deem necessary, and to prescribe their duties.
6.02 It shall be the duty of the Board of Directors to:
(a) Cause the Properties and the Common Areas to be maintained in good, clean, attractive and sanitary condition, order and repair;
(b) Adopt and publish rules and regulations including fees, if any, governing the use of The Properties and the Common Areas and facilities, and the personal conduct of the Members and their guests thereon;
(c) Cause to be kept a complete record of all its corporate affairs, make such records available for inspection by any Member or his agent and present an annual statement thereof to the Members;
(d) Supervise all officers, agents and employees of the Association and see that their duties are properly performed;
(e) Issued upon demand by any Member a certificate setting forth whether or not any assessment has been paid and giving evidence thereof for which a reasonable charge may be made;
(f) Designate depositories for Association funds designate those officers, agents and/or employees who shall have authority to withdraw funds from such accounts on behalf of the Association, and cause such persons to be bonded, as it may deem appropriate;
(g) Hold a public hearing on the proposed annual budget and approve the annual budget by a majority vote of the directors;
(h) Fix the annual general and special assessments in accordance with the provisions of the Declaration;
(i) Annually set the date(s) assessments are due, decide what, if any, interest rate is to be applied to assessments which remain unpaid 30 days after they become due;
(j) Send written notice of each assessment to every Owner subject thereto at least 30 days in advance of the due date of the annual assessment or first installment thereof;
(k) Cause the lien against any property for which assessments are not paid within 30 days after due date to be foreclosed or cause an action at law to be brought against the Owner personally obligated to pay the same;
(l) Procure and maintain adequate liability and casualty insurance to protect the Association, its employees and its personal and real properties;
(m) Enter into mortgage agreements and obtain capital debt financing subject to the provisions of the Declaration;
And
Exercise their powers and duties in good faith, with a view to the interests of the Association and to this end adopt appropriate guidelines for action on matters where a potential conflict of interest may exist.
Respectfully,
Eric Koppa
President
Lakewood POA
I think considering everything that is going on with the Covid-19 this voting should be postponed to ensure other Owners can be around to count the ballots. This is the right thing to to due considering you have steamrolled this whole process without further discussions that were going to be done at our annual meeting. This whole thing is shady and not following our current bylaws. We need consider the board misappropriation of our HOA dues spending money on attorneys to rewrite the bylaws without 75% of the Owners agreeing to have this done.
Eric,
I would be more than happy to serve on the Board in 2021. My experience as an Administrative Assistant, Sales, Human Resources and Accountant for a Health and Wellness facility, plus owning three different business should come in handy. I also served as President and Treasurer for Dearborn Heights Condominium Association from 2007 to 2015.
God Bless and stay safe!
Respectfully,
Julie Kuhn
Mr Eric Koppa President of Lakewood Association
As a member in good standing I’m requesting that you cancel this unauthorized vote to change our Bylaw and Declaration of Covenants that have been in effect since the association was signed 1982.
Mr Koppa do you have 75% of the members to authorize such a vote? (DO YOU HAVE THAT 75% OF THE MEMBERS VOTE)
Mr Koppa hopefully all members get to have an say regarding this matter.
Please respond to my e-mail. In the past nobody has acknowledged receiving some of my e-mails.
Respectfully
Paul F Haugh
Lakewood POA Members,
Your current and past board and officers have been working over the past 24 months on revisions to our 30 year old Bylaws and Declaration of Covenants and Restrictions. Those of you who believe these changes have been rushed, steamrolled, or not transparent have not been reading board meeting minutes, or were perhaps not at the 2019 annual member meeting when it was announced these edits and changes to our Lakewood POA current Bylaws and Declarations of Covenants and Restrictions were underway and a vote on the changes would be held in 2020.
The management of our association is carried out by seven elected board members, who are all currently property owners, and who have a vested interest in the care and management of our investments. Your board members and officers invest many countless hours to safeguard the administration of our community and have worked diligently for decades to keep our annual dues affordable. If there are questions as to why your board members and officers have made certain financial decisions or considerations, specifically hiring legal representation, writing and enforcing rules of the association, and carrying out the business of Lakewood, please review our current Bylaws and Declarations of Covenants and Restrictions to understand why these actions have been taken and how the board is operating in congruence with our association governing documents.
Thank you for your past, current, and future support of your Lakewood POA board of directors and for your interest in serving on our board. To past and current board members, you undoubtedly understand what an enormous responsibility and time commitment it is serving our Lakewood community and your input regarding this current boards’ initiative to update our Bylaws, Covenants, and Restrictions are welcomed.
To be clear, in order for any of our proposed revisions to go into effect, we will need participation and support in the form of YES votes by 75% of our members who are in good standing, each lot representing one vote. The revisions would then have to be notarized and filed with Adams County by our attorney Husch and Blackwell before becoming part of our current governing documents. Thank you to our Lakewood members who have mailed back your ballots, and we are receiving an enormous response. Again, we board members are very thankful for your continued participation in our revision vote and we are hopeful we will have close to a 100% response rate. So many hours and considerable association funds have been dedicated to modernizing our Bylaws, Covenants, and Restrictions in response to your emails, in-person comments at annual member meetings, written letters, and correspondences over the past 5 years. We are listening and hopefully you’ll see many of the changes you’ve requested in response to your comments. Some of you will not agree with the proposed changes and your votes are just as important.
The board has no intention to postpone the ballot count which is scheduled for April 18th, 2020 at 9:00am. We’ve been communicating with our Lakewood volunteers and will respect social distancing and request you do not participate in our ballot count if you have been ill, or in contact with anyone who has had COVID-19 for at least 14 days. All ballots will be held by our board Secretary and will be available for review after the ballot count by scheduling time with our board Secretary or reviewing the returned ballots in-person at our annual member meeting.
This is a very trying time in our country and your board members will be monitoring the situation. Discussions are underway regarding postponing our May 2nd, 2020 annual member meeting. More information will be communicated through our website and on social media. Thank you again for your comments and we wish all of you good health and safety during this unprecedented global pandemic. While many of us are sheltered in place during the Federally initiated ’15 days to slow the spread’ of COVID-19 to flatten the curve, your board will be meeting via email and conference calls to continue the management of our association.
Respectfully,
Eric Koppa
President
Lakewood POA
Eric Koppa
Eric do I understand you correctly when you say you don’t have to have 75% of members to vote. You can hire a lawyer, or anybody you decide without approval. It certainly looks like that has been done in the past. You are saying you can change our bylaws and declarations of covenants and restrictions without any members voting.
Have any members asked you to do this, if so how many.
Members understand if this is so, why do we need an Board of Governors. Is it just for show. We have no authority over how our how are hard earned $$$ Dollars are spent.
Eric, If each lot has one vote, then I can send in two votes? We have two properties in Lakewood.
To be clear, in order for any of our proposed revisions to go into effect, we will need participation and support in the form of YES votes by 75% of our members who are in good standing, each lot representing one vote.
HELLO,
The ballot counting process needs to be seriously addressed immediately. Due to the coronavirus pandemic it’s not looking likely that it will be safe for us to congregate to count the ballots. The Ballot count is not something that needs to be accomplished immediately. The health and safety of each other is more important. As has been posted on our FB site, they are asking us to not even come from the south to the north to visit our cabins, and rightly so. Our Board of Directors needs to address this topic immediately and transparently so we can plan for a future date of counting the ballots. I look forward to a prompt posting of my comment in response to it so the rest of the concerned POA’s are rightly informed. Thank you.
Dianne
Hi! What is the news regarding the ballot count that was scheduled for April 18th? Thanks.
Hi Tina,
We just posted on the website and will also post on Facebook that the meeting will be July 11 at 10:00 am at the pavilion. Ballots will be counted at 8:00 am that day. Thanks for checking. Amy
Hey Tina,
We changed the time to 8am on the 11th. I hope that works for you. I also sent a separate email too. Thanks, Amy
Hi Everyone! I’m wondering what legal council has been sought in extending the pre-determined voting deadline to now include ‘in person’ voting during our annual meeting? I have consulted with a reputable HOA attorney and she mentioned that was not legal and doing so would open the board to challenging legal actions from residents. She did mention that in person voting can be extended when a quorum isn’t reached, however this is not that type of situation. I believe that residents were told that if we didn’t vote, it counted as a ‘no’ vote, therefore extending voting until you get the results you desire is going to put the board into legal anguish. And I certainly wouldn’t want our association dues to be used towards the board defending itself against such legal action.
Thanks!
As a member I would like to know when the results of the challenge to our laws and bylaws will be posted. Names of members who voted YES with their lot numbers and e-mails and the same for those who voted NO.
I believe past boards issued a list of all members e-mails, lot members and phone numbers. This list is needed so that Board of Directors cannot spend our hard earned dollars at will. With this list members can discuss how our Board of Directors want to spend our dollars before any vote. I believe our present laws and bylaws have such a clause but some Board members seem to ignore them.