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  • — Enjoyment Easement-LOST

    ALSO KNOWN AS THE PEDESTRIAN PERIMETER TRAIL WAS TO BE FOR USE BY ALL DUES PAYING SILVER SPRINGS COMMUNITY  PROPERTY OWNERS



    beach-shoreline-dam-large-lake
    Silver Willow Lake’s  Exclusive Enjoyment Easement – beach, trail, dam – all in one.
    PERIMETER ENJOYMENT EASEMENT INTENDED IN 1980 FOR USE BY
    ALL COMMUNITY OWNERS.


    Capson, Morris & McComb Real Estate Sales map handout (seen below) distributed c.1980-1985 by Cyndi Sharp, agent, also a SSSF resident at Lot 50 aka 5052 Silver Springs Road. Sharp-Ligety moved to SSSF Lot 193 in 1986, the Ligety’s left SSSF in 1992. “For the record, Cyndi Sharp, Mr. Bill Ligety’s wife, was the developer’s real estate representative for the sale of Silver Springs lots through Capson, Morris & McComb, while she also is named on an early document as a member of the S.S.D. Inc. Developer’s Silver Springs Homeowners Board in 1983.” Quote is from American Savings & Loan Association, Corporate Counsel, Ryan L. Richards, letter dated December 3, 1988 in response to Silver Springs Single Family HOA Counsel, Scott Welling’s letter dated October 28, 1988.

    In 1984 this lake trail/enjoyment easement became reserved to the “premium lot” owners without notification or the consent of the Silver Springs Property Owners.  In 1989 the new developers of NS Lots 1-11, and of 22 Southshore lots, were allowed a “Private Enjoyment Easement Agreement” on the lots they owned, making their lots contiguous trail easements “Private and Exclusive.”  Look at your title/deed, if it includes language similar to this: “…Together with a Private Enjoyment Easement –  description included.” then you have use and access to the lake perimeter trails.  If your title/deed does not include a line like this then you do NOT have access and use of the lake perimeter trails. 6/9/2017 NSS-A-9.  Many years later the SSSF Phase E lots 193-198 petitioned the board and were given title to the Parcel F big lake perimeter trail bringing the total of Property Owners with full use and access of both of the lakes perimeter trails to 50 (out of 513).
    The improvements to this Easement, dams and lakes were paid for, and continue to be paid for,  by the dues from the 513 Master Association property owners.  In 2010 at a large protest gathering of the Master Association Members requested that MA dues be tiered to reflect a differentiation between the private and the public areas.  The MA has not responded to the majority Property Owners request.



    ARTICLES OF INCORPORATION OF SILVER SPRINGS HOMEOWNERS ASSOCIATION
    [aka Silver Springs East aka Silver Springs Master Association]
    October 3, 1979

    ARTICLE III – CORPORATE PURPOSES

    The general purposes and objectives for which this corporation is organized are to provide community services and facilities by obtaining title to all common areas and facilities including but not limited to recreational facilities and other areas which are to be obtained for the sole use and enjoyment of the land owners.  In addition, the corporation shall provide for the maintenance of streets, paths, perimeter fencing, common areas, and recreational facilities obtained for the sole use and enjoyment of the land owners of residential lots situated within that certain real property described and known as Silver Springs Subdivisions and all subsequent lots and properties which are annexed to the Silver Springs Subdivisions, located in Summit County, State of Utah.


    Refer to the SILVER SPRINGS LAKES webpage for more information.


    When Silver Springs East was first platted in 1979 and developed the land owners had access to the approximate 4,222 feet perimeter of the SS Large Lake (Lower Pond Parcel F Silver Willow Lake) through SS Master Association Parcels H, I, J, K, L, Q, R, S.   (See American Savings drawings below).  Lower refers to the lower elevation of the big lake, though it is north of the smaller lake it is “downhill” from the smaller lake.   Stream flow is from the Upper Pond (small lake) to the Lower Pond (large lake). All homeowners had the right to walk the entire perimeter of Silver Willow Lake (Lower Pond on plat) and the stream paths to enjoy the man-made amenity and the flow source in our subdivision.   The original homeowners made their decision to buy in Silver Springs with these waterway features in mind.   As homeowners moved into homes being built around the lake they added boat docks, ramps, etc. for their private use, though their property lines ended approximately twenty feet short of the waterline.   The registered owner of the lake, Silver Springs Water Co., was concerned about the liability issues involved with safety, and water quality for swimming and other water sports being participated in by the perimeter residents (which now also includes ice skating and hockey).   Many concerns existed on the appropriate and legal use of the “Lower Pond”.    In the mid-1980’s Jan’s Sports taught wind-surfing on the “Lower Pond”.   On one occasion over fourteen wind-surfers were skimming on its surface. (Does anyone have pictures?)  Eventually the lake view  homeowners were required to remove their docks, decks, and any other structures that impeded the enjoyment easement, impacted the “dam” aka enjoyment easement on the north ends or that were potential liability problems.


    This 1981 Master Plan map is a representation of easements when lakes/ponds were property of Silver Springs Water Company.
    Silver Willow Pond and Silver Willow Lake included a Perimeter Easement trail and a number of lake access paths for use by ALL residents of Silver Springs Community.

    1982-1989-  Yellow areas on map are route of original Community Enjoyment Easements and all residents had access to all waterways.  Silver Springs residents had big pond, entire perimeter access = 4,221.71 linear feet X 15′ to 25′ wide beach area and access to entire perimeter of little pond/smaller lake.
    – Pink area is the Community Park (Parcel H)
    Developers Barnes, Widdows, Spieker removed this lake and trail access when they recorded their Private Enjoyment Easement in 1989, this Agreement runs with the land.


    1981 – November 10Summit County Planning Commission Meeting Minutes. Silver Springs Development Project Master Plan Amendment – Request for approval of sidewalk/pedestrian plan and increased density and 26 acre open space for public park. ” The park could contain various recreational facilities along with the use of the lake where water activities (other than swimming) could take place. The long narrow strip (six miles) along the highway could be utilized as a bicycle and jogging area. The pathway connects the elementary school with the more active area of the park.”…”Stan Strebel stated there is the potential conflict between the public and the homeowners along the lakefront (lake view lots)…The water company would have to regulate the land use and restrictions.”


    SS Water Company manager Lynn Stevens assured the homeowners and the Homeowners Board that the S.S. Water Co. would always allow the 15′ to 25′ buffer zone at the perimeter of the lake to be used as a right-of-way and “Enjoyment Easement” for use by all the HOA members.


    AMENDED DECLARATION TO COVENANTS, CONDITIONS AND RESTRICTIONS FOR SILVER SPRINGS DEVELOPMENT SUBDIVISIONS
    [aka Silver Springs East]
    Summit County, Utah  April 15th, 1982

    Application to Real Property Lots 1 through 64 and Lots 65 through 171
    Recorded April 16, 1982 Entry 190493 Book M217 Page 322

    ARTICLE IV – PROPERTY RIGHTS IN THE COMMON AREAS

    Section 1.  Members Easements of Enjoyment.  Every member shall have a right and easement of enjoyment in and to the common area, if any, and such easement shall be appurtenant to and shall pass with the title to every assessed lot, subject to the following provisions:

    (a)  The right of the association to established uniform rules and regulations pertaining to the use of the common area including but not limited to private streets and the recreation facilities thereof.

    (c)  The right of the Association to dedicate or transfer all or any part of the common area to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the members.  No such dedication or transfer shall be effective unless a written instrument pursuant to a two-thirds majority vote of those present at a meeting for this purpose that has been duly called of members including proxies who are entitled to vote has been recorded, agreeing to such dedication or transfer, an



    1984 November 9 — At a meeting with the single family homeowners, Vern Hardman described the lakes buffer zone as an asphalt jogging path originally planned around the entire large lake, as well as tennis courts, a boat dock, and a park on the south side of the large lake for use by all Silver Springs Homeowners.


    Silver Springs Water Company logo

    SS Water Company  manager Lynn Stevens assured the homeowners and the Homeowners Board that the S.S. Water Co. would always allow the 15′ to 25′ buffer zone at the perimeter of the lake to be used as a right-of-way and “Enjoyment Easement” for use by all the HOA members.

    In 1985 Bill Ligety, a lake view owner SLS-193 and trustee, headed a lake view owner and HOA committee to limit access by outsiders to the lake perimeter therefore HOA members were to carry a S.S.Lake Use I.D. card whenever they used the “Enjoyment Easement” around Silver Willow Lake.  The result was an Amendment to the Article of Incorporation of the Silver Springs Homeowners Association dated October 14, 1985 Entry 244977 Book 370 Page 289-292.

    d unless written notice of the proposed action is sent to every member not less than ten (10) day in advance.


    1986 Silver Springs General Location of Common Park, Recreation & Open Areas - drawn by J.J. Johnson Engineering Company

    1986– Shown above in yellow are 15′ to 25′ foot wide “Enjoyment Easements” around Lakes
    that were fee titled to Silver Springs Development Inc. and Silver Springs Water Company during the late 1970’s.
    These easements were to be deeded to the Silver Springs Homeowners Association in the 1980’s.

    – Above drawing c. 1980 by J.J.Johnson Engineering.


    Trout Fishing on Duck Pond

    1987 – Silver Springs HOA Newsletter sent out to members on April 22, 1987, included the following reminder:
    “Our lakes are a wonderful resource and an attractive nuisance. The lakes, proper, belong to and are managed by the Silver Springs Water Company. They are also for our exclusive use and enjoyment. They are valuable enhancements to our property values.  Soon we hope to be able to develop a land parcel adjacent to the south side of the large lake, into a nice park-like setting. Until that time, and after, please help us to keep the lake easement an enjoyable place for everyone. Please do not drive off the paved roads to the lake shore. The lake and roads are close enough to walk that distance. The lake waters are not maintained at a purity level that allows swimming. If you do swim in the lake you are doing so at your own risk. We encourage you to come to the lakes and enjoy the fishing.  Please also remember that the more fish you take home the sooner the fishing turns bad.  We all love the taste of fresh caught trout….but remember the extras you take home to the freezer only compete with the frozen fish already available at Alpha Beta.  Please come and enjoy the fishing and leave some fish to come back to. Last, please respect the property of those homes on the perimeter of the lake.  When you have guests and visitors please pass this information on to them.”
    Photo is of developer Mike Barnes fishing in Silver Springs.


     

    1987 June 2 — “Dale Boschetto made a motion that he be allowed to approach American Savings in concert with the Silver Springs Water Company and turn the parcels of ground (Parcel “I” and “K”) along the Ligety (Lot 193), Groth (Lot 48), Hardman (Hardman (Lot 47)  adjoining properties over to the Water Company and that the Water Company not sell that property and that SF homeowners have beaching rights on these buffer zone areas.  Ligety would like to purchase the buffer area area directly in front of his property as well as the lake access lane adjacent to the south end of his property (Parcel K).  Board members feel that the SF homeowners should be able to fish from the entire lake periphery.
    Mike Hardman produced a map which he termed as the original intent of the developer.  This map is not recorded.  It indicates that the buffer zone on the large lake is for the exclusive use of adjoining property owners.  It shows the area from stream to stream on the south side of the large lake (Parcel H) as the only beaching area for the rest of the homeowners in the subdivision.
    Grant Hedges said he understood that there were two large lake access lanes, one at the south side of Ligety’s property and another at the north side of Brady’s lot (198).  Hedges said he felt that it wouldn’t be fair for Ligety to purchase this lake access lane and deny other S.S. homeowners access to the large lake from the southeast end (or center)of the subdivision.  Grant felt that the twenty-five foot buffer zone was available to all and had always understood that was how it had been set up.

    Others, Jim Wickerink, Lucy Murphy, Dale Boschetto, Greg Vinson, Ron Kobler and Buzz Sandberg, voiced that it had been represented to them that one of the perks of buying in Silver Springs was the full use of the lakes.  Later Bonnie Adams wrote a letter confirming this representation by real estate agents.  Even the map that Mike Hardman produced showed access lanes and peripheral lake buffer areas as common areas.”


    littlePond-view-SW

    1987, October 15 – Excerpt from Letter to SSSFHOA President Dale Boschetto::

    “5.THE FIFTEEN FOOT STRIP – [“Enjoyment Easement”] The 15 foot strip surrounding the lake just outside the riprap is owned by the Silver Springs Water Company and is intended to be used for access by the Water Company to the lake front.  Whether the strip will also be permitted to be used as access by homeowners generally will be determined by the Water Company and the owners of the lots on the lake front.

    Very Truly Yours,

    AMERICAN SAVINGS AND LOAN ASSOCIATION

    Ryan L. Richards, Esquire
    Staff Attorney” [ end of quote.]

    [Lynn Stevens, manager of the Silver Springs Water Company, the entity that holds title to the common area Parcels H, I, K, the “Enjoyment Easement”, and others, has promised the HOA on numerous occasions that the water company fully intended to convey said parcels to the HOA. “…..all property owners in Silver Springs have the water company’s permission to walk on the 15′ easement around the periphery of the lakes and along the banks of the streams….”]…


    1988 Bill Ligety (Lot 193) and a committee of lake perimeter property owners retained an attorney to assert their sole rights to the lake view property Enjoyment Easement.   Sometime during this procedure the lake access Parcel K next to Lot 193 and beach Parcel I west and contiguous to Lots 47, 48, 49 were absorbed into these respective lots. Park Place Lot 44 inadvertently may have absorbed Parcel B or 8. This action resulted in the HOA General Membership losing its right of access (a prescriptive easement) to the perimeter of the Silver Willow Lake, and limiting the general access to 443 shoreline feet of Parcel H (now the Silver Springs playground park area), to a sliver of Parcel J (on the west side of Park Place), and to the berm and pump house Parcel R (a portion which possibly may belong to Mountain Regional Water Company).  Parcel K aka Tax I.D. Parcel Number PP-98-A-2-A Entry 00298852 Book 497 Page 280 Recorded on October 17, 1988 was deeded by American Savings & Loan to William C. Ligety and Cynthia Sharp.

    1988 August 23 —  Minutes of the Planning Commission Meeting —  Jerry Tulley, one of the original planners of Silver Springs with Webster and Associates from 1979-1983.  Tulley said the lake front lots were priced as premium lots.  Mr. Tulley said at one time there was a path system around the majority of the lake in the master planning, as consultants were brought on line discussing marketing, property values and liability to the water company it was decided to omit the pathways, specifically those areas  adjacent to the lots.  …The original intent was that these lots owners would have privacy along the lake. …It was decided that lake access would be limited to controllable areas…Mr. Tulley said this was one of the few parcels (H) that was intended to be access for the homeowners to the lake. (the 444′ along the Park Parcel H).
    “Dale Boshetto, president of the homeowners association in Silver Springs, said in 1982 it was stated at a homeowners association meeting that the entire lake shore would be available to all property owners…he does support the continuation of multiple access points for the enjoyment of this amenity by all property owners… The lake is a fishery and cannot be blocked, anybody can access this lake…
    Mr. Boshetto said on SS plat 1B there is a walk way between lots 75 & 76 on Willow Loop Road and 166 & 167 on Silver Springs Road that would make a natural continuation to the lots in plat 1E.  Plat 1E was not platted with a continuation of a walk way…. The multiple points of lake and trail access are supported as represented in the approved Master Plan.”


    DEVELOPER PROMISES PERIMETER ENJOYMENT EASEMENT INTENDED FOR USE AND ACCESS BY ALL THE COMMUNITY PROPERTY OWNERS IN 1982 .  THIS CHANGED BY SILVER SPRINGS WATER COMPANY AND IN 1989 WHEN BARNES AND WIDDOWS DEEDED PORTIONS OF THE SILVER WILLOW LAKE EASEMENT AND MOST OF THE SILVER WILLOW POND EASEMENT TO THE ADJACENT LOT PROPERTY OWNERS.  THE MA WITH THEIR DRAFT 1989 BYLAWS HAVE YET TO CORRECT THE ASSESSMENTS CHARGED TO ALL 511 PROPERTY OWNERS WHO DO NOT HAVE USE OR ACCESS TO THE EASEMENTS OR THE SMALL LAKE.  IN NOVEMBER 2013 THE MA HAD ACCRUED A QUARTER OF A MILLION DOLLARS, WITH $35,000 IN A RESERVE FUND, TO MAINTAIN THE FEW MA COMMON AREAS AVAILABLE BY ALL THE PROPERTY OWNERS. THE MAJORITY OF MA EXPENDITURES ARE FOR THE TWO PONDS THAT ARE RESTRICTED FROM USE OR ACCESS BY THE MAJORITY OF THE HOMEOWNERS.


    1988 – September 13 – Minutes of the Planning Commission for Meeting held September 13, 1988. Four pages.  Summary: “Larry Shafkind said there is a 15 foot strip around the lake that is not owned by the land owners.  The intent of the developer and people that bought lots 37, 46-49 and 193-199, was not to provide public access through or between those properties.  The bank can do as they wish with parcels I and K.   Mr. Shafkind stated for the record that after having two discussions this is the feeling of the Planning Commission. Van Martin, LaMar Pace and DelRay Hatch agreed with Mr. Shafkind.”

    1989 – Silver Willow Pond (Little Pond) is surrounded by a 1989 Exclusive Private Enjoyment Easement Agreement that was recorded on the 1991 SouthShore subdivision plat map.  This Agreement provides access and use of the perimeter of either lake only to the 22 small lake view lot owners in SouthShore and the 11 NorthShore large lake view owners. Fifty-one houses in all have lake views, 33 of those are subject to the Exclusive Private Enjoyment Easement recorded by developers Barnes & Widdows.


    South Shore - 1991 plat showing Enjoyment Easement around small lake

     In 1989 the developers of SouthShore received from the Silver Springs Water Company the exclusive rights, use and access to the Silver Willow Pond, a.k.a. Little Lake, via a  Private Enjoyment Easement Agreement. The 1991 recorded SouthShore plat reveals that the Little Lake is for the exclusive use of the Water Company and the 22 lake view property owners. The deed to the easement property was never transferred from the original developer, SSD’s name is the first developer-owners around the 1970’s.

    The Exclusive Enjoyment Easement around three-quarters of the little pond was deeded by Barnes & Widdows in 1989 to the contiguous property owners only. The Little Lake six properties on the east side of the little lake are not included in the 1989 Exclusive Enjoyment Easement agreement.

    Unfortunately, the Master Association, with their 1989 Draft Bylaws, erroneously continues to charge the 513  SSMA property owners for the maintenance, repair, taxes, insurance, and management costs for this private pond and easement that can only be used by the 50 contiguous owners.

    1989  August 2 — Private Exclusive Enjoyment Easement runs with the land deeds for Southshore Lots 1-22 and Northshore Lots 1-11.


    1991 South Shore Plat A – shows the Silver Willow Pond a.k.a. Upper Pond, survey parameters with the  “Private Enjoyment Easement” around the entire perimeter.  An Agreement dated August 1989 gives “purchasers of residential lots bordering the Silver Springs ponds (the “Lakeview lots”) the exclusive private enjoyment of the Shoreline Property adjoining their respective Lakeview lot.”  At the top of this plat (east section) are the six lots belonging to Silver Springs SF at Little Lake subdivision that did not belong to Barnes and are not covered by his 1989 Agreement. The Ross Lloyd pocket park on the west corner lies along Silver Springs Road, outside of this Private Enjoyment Easement therefore, for this second reason, the majority of the SSMA Members do not have access to the Upper Pond aka Silver Willow Pond nor the Private Easement. The Master Association continues to erroneously charge non-lakeview lot owners for maintenance, repair, taxes, insurance, and management of properties they have no legal ability to use or access.


    PROPERTY VALUES FOR LAKE VIEW HOUSES ARE TWICE THOSE OF NON-LAKEVIEW HOUSES YET THE LAKE VIEW OWNERS DO NOT PAY MORE THAN THE NON-LAKEVIEW OWNERS FOR ANY OF THE COSTS ASSOCIATED WITH MAINTAINING THE LAKES OR EASEMENTS.

    enjoyment-easement-canoes-2014
    The Silver Willow Lake Enjoyment Easement (Dam) improvements were paid for, and continue to be paid for,  with the dues collected from all 513 Silver Springs Master Association property owners.  Lake insurance, maintenance, chemicals, stock fish, water aerators, repairs are some of the other costs covered with the dues collected from all 513 MA property owners.
    “When was the last time a non-lakeview Silver Springs resident was allowed to use these Enjoyment Easements?”  When this and other questions were asked at a MA Annual Meeting, the person asking was threatened by Bill Noland to sit down and shut up or else he would have a couple of the board trustees drag her out of the meeting.  This is an example of cronies in office bullying neighbors. 


    1991 – Silver Springs residents big pond shore access was reduced by the  “Private Enjoyment Easement Agreement” and Plat recordings to only being open at community park’s  444′ linear foot beach plus Park Place when Barnes & Widdows recorded their Southshore and Northshore plats.
    The small pond was conveyed by Mountain Regional to the Master Association in 2004 yet the Private Enjoyment Easement keeps it off limits except to the 22 small pond view property owners.  The SS Little Lake six home subdivision on the east shore of little lake were not included in the Barnes & Widdows 1989/1991 Exclusive Enjoyment Easement Agreement.

    enjoyment-easement-lake-boat-2000
    The Silver Willow Lake Exclusive Enjoyment Easement, photo c. 1992.
    —  Lake Perimeter Trail — mostly lost to all but 50 Lakefront owners


    2003 – Mountain Regional transferred ownership of the ponds “ground” to SSMA, while retaining the water rights.  These actions were taken without the knowledge or vote of the Silver Springs property owners who are now on the hook to pay for maintenance, repairs, insurance, management, chemicals, etc. and are held liable for safety and damages though their access to the small lake is non-existent, and use of the large lake “amenities” is very limited.   Use and access to large pond east side easements by ALL SS property owners is denied, veiled and conflicted. Eleven Silver Springs Single Family Subdivision pond view lot owners have cut off access to other property owners.  Access routes to the pond easement have been absorbed into their private property.  Four of these owners (Fuller, Hedges, Carriel, Robinson) petitioned the Master Association around August 2010 to sell to them the pond easement adjoining each of their properties.2003 Mountain Regional map with well, easements, drainage, dams, etc.August 2003



    2003 Aerial of Small Lake ( Pond) with 25 houses
    25 Houses/lots on the perimeter of Little Lake Exclusive Private Enjoyment Easement are platted as the property of SouthShore subdivision.

    2003 Aerial of Silver Willow Lake 29 perimeter houses

    2003 Aerial of Silver Willow Lake perimeter -29 lake view houses

    2008 – Master Association plans to spend around $90,000 to clean up the private upper pond/Little Silver Springs Lake/Silver Willow Pond to which only 22 homeowners have use or access. This expenditure was not voted upon nor approved during a General Membership meeting of the approximate 511 owners as specified by the recorded MA Draft Bylaws.

    There are approximately 511 General Members in the Master Homeowners Association who all pay an assessment for the Lakes though the Silver Willow Lake front access is now limited to ten homes from Silver Springs Single Family HOA, seven homes from Park Place and eleven homes from NorthShore, a total of 28 homes. The General Membership of the remaining 483 Living Units has access along 443′ via the central Park .

    It is believed that the Silver Willow Pond has been granted easement use “for the private and exclusive use” of its lake view owners, 22 or so, depending on how you define lake view frontage. (See map below.)   If Silver Willow Pond is private property should the General Membership be asked to pay for its maintenance and insurance?  The Little Lake/Silver Willow Pond is shown on the SouthShore plat map as belonging to that subdivision.  Somehow Summit County’s Mountain Regional Water District 16 included in the 2004 Conveyance Agreement a Warranty Deed to the Master Association for both the ponds and the pump house parcel.

    Silver Springs SFHOA President Michael Winer, and several other SSMA members, are asking the question: If the lake view lot owners have taken the Enjoyment Easement from the General MA membership then shouldn’t they pay a much higher proportion (ten times = 28+ 22 out of 511 units) of the lake repair, maintenance and liability insurance?  These expenses can be allocated by taking the actual linear footage of each lot along the lake perimeter and using it as a percentage of the whole perimeter then applying it to the cost of all lake expenses. Additionally access parcels, such as Parcel K, could be assessed by square footage. The individual assessments would be from the Master Association then passed through on individual HOA invoices to members by the individual HOAs, thus eliminating problems with individual subdivision HOA Bylaws.

    The market value of the lake view owners lots is twice that of the non-lake view owners. For instance, the home at PP Lot 35 is not on the lake, is listed at $799,000. The home at PP Lot 40 is on the lake listed for $1,595,900.

    Alternatively, and the preferred solution, would be to return the Enjoyment Easements to the General Membership, and the Lake costs could continue to be assessed equally to the 511 General Members. Or the lakes could be deeded to the lake view owners and the SSMA would contribute a use fee commensurate with actual General Member use.


    2010- December 10 – Lakes Enjoyment Easement Agreement – At this SSMA meeting Bill Noland announced that the attorney’s he hired to research the Silver Springs documents have found that the 1989 Enjoyment Easement Agreement around the Little Lake runs with the land and is a valid Agreement from the developer to the SouthShore purchasers of the lake front properties and their successors for the use and access of the perimeter of the lake. The six Little Lake homes located on the east border of the Little Lake along Silver Springs Drive, and annexed in 1997 as part of the SSSF subdivision, are not included in this Agreement as these six lots were not part of the (Mike Barnes) developer’s property. View at: https://www.silverspringscommunity.com/our-community/silver-springs-sf/little-lake-at-silver-springs/

    The same situation exists for the Large Lake in that the 7 or 8 homes along the east border of the lake and the Lake Front Court 4 houses, are part of Silver Springs Single Family since the beginning in 1980 and were never part of the developer’s (Barnes’) Enjoyment Easement Agreement.  Therefore the 1989 Agreement does not guarantee exclusive use and access to lake front properties SLS-E Lots 192-199 and SSSF Lots 46-49.  Click here to view SSSF lot map.
    Does this mean there is NOT access to all the ponds/lakes and easements to all SSMA Members along these Private Enjoyment Easements? If the Easements are Private and Exclusive why does the SSMA bill ALL the SSMA members for maintenance, repair, insurance, taxes, and management of properties owned by SouthShore and/or private owners?  The MA board and Noland would not answer Lucy Archer’s question.  SSSF lake view lot owners  (Fuller -Lot 193, Hedges -Lot 194, Carriel -Lot 195 , Robinson -Lot 196) not within the 1989 Private Exclusive Easement petitioned the board in Fall 2010 to allow them to purchase the easements from the Master Association. The request was tabled until further information was confirmed.


    SINCE 1989 TWENTY-TWO  SOUTHSHORE LAKEFRONT PROPERTY OWNERS HAVE HAD PRIVATE AND EXCLUSIVE USE OF THE SILVER WILLOW POND AND EASEMENT YET ALL 513 MASTER ASSOCIATION PROPERTY OWNERS HAVE BEEN PAYING FOR ITS MAINTENANCE, REPAIRS AND INSURANCE,  ETC.  ALL 513 MASTER ASSOCIATION PROPERTY OWNERS WERE ILLEGALLY ASSESSED IN 2010 BY BILL NOLAND TO PAY FOR REPAIRS AND IMPROVEMENTS ON THIS PRIVATE POND.  THIS WAS DONE WITHOUT OBTAINING THE REQUIRED 66 2/3% VOTED ASSENT OF THE HOA MEMBERS.

    SouthShore owners boats along the Enjoyment Easement

    SouthShore lakefront owners enjoy storing their boats on their Private Exclusive Easement
    Only lot owners contiguous to the water have access and use of the Silver Willow Pond and perimeter.


     


     

     

     
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