EAST LAKE LOT OWNERS ASSOCIATION, INC, E.L.L.O.A RULES AND REGULATIONS P.O. Box 147 NINEVEH, IN

Size: px

Start display at page:

Download "EAST LAKE LOT OWNERS ASSOCIATION, INC, E.L.L.O.A RULES AND REGULATIONS P.O. Box 147 NINEVEH, IN"

Cameron Harris
5 years ago
Views:

1 EAST LAKE LOT OWNERS ASSOCIATION, INC, E.L.L.O.A RULES AND REGULATIONS P.O. Box 147 NINEVEH, IN You, as a dues paying Member of ELLOA, Inc. are responsible for your family and guests compliance with these rules and regulations when using the waters and/or facilities of East Lake. Note: these Rules and Regulations are in effect at all times, even when safety patrol or other policing is not in operation. The ELLOA, Inc. shall maintain and preserve property known as East Lake, in Prince s Lake Addition, Nineveh Township, Johnson County, Indiana; the East Lake Dam, lake bottom, spillway and appurtenances thereto including clubhouse, boat ramp, garage and common areas held by deed by ELLOA, Inc. now and in the future. ELLOA, Inc. Members are responsible to maintain all property deeded to them. In the event any dispute should arise between the ELLOA, Inc. and a Member(s) over property lines, it shall be the Members responsibility to pay for survey required to settle said dispute. As authorized in the Articles of Incorporation filed with the Secretary of State and stated in Article #9 of the By- Laws of this Corporation, the Board of Directors hereby issue the following rules and regulations to govern the use of the waters of East Lake and all other properties and facilities of East Lake Lot Owners Association, Inc., (hereinafter referred to as ELLOA, Inc.) Persons violating these rules and regulations may be denied the use of East Lake and other properties of ELLOA, Inc. and may be prosecuted at any time by action of the ELLOA, Inc. Board of Directors. 1. AUTHORITY TO ASSESS AND COLLECT MEMBER DUES 1.) The authority to assess and collect annual dues from East Lake Members has been established in accordance with the Warranty Deed issued by the Brown County Lake Development Corporation (BCLDC) to the ELLOA dated August 15, 1957 on file in the Johnson County Recorders Office Book # 116. Page ) Grantor (BCLDC) passes to Grantee (ELLOA) the powers of lake management as defined in all deeds affecting lake front lot owners of said East Lake and others using East Lake only as such powers affect the control of the lake, its bottoms, spillways, and dam. (This is further defined in the deeds of all individual properties. A sample of such is found in document #16474 for lot # 86 in Prince's Lake addition # 1 in Nineveh Township, Johnson County, IN. This and " like documents for other properties adjoining East Lake can be found in Plat Book # 2 in the Johnson County Recorders Office.) 3.) The validity of the authority vested in the ELLOA Board of Directors to engage in lake ADD (NMMA) RULE 7(4) Page 1

2 management activities, including the assessment of dues, was tested in the Johnson County Circuit Court, October 17, (ELLOA, Inc. v. M. A. Roszell & M. N. Roszell: Robt. B. Lybrook, Judge, decided in favor of ELLOA, Inc.) 4.) Having affirmed ELLOA, Inc. as the legal governing body, the ELLOA Board of Directors may use the legal system to collect dues and assessments from its members and to assure the enforcement of the Rules and Regulations charging violators as trespassers. 2. PROCEDURES FOR ASSESSING AND COLLECTING ANNUAL DUES. FEES AND ASSESSMENTS Any Member owning waterfront property on East Lake must pay stated dues, fees, and assessments. 1.) To ensure a fair and equitable process for notifying Members of the amount of their annual dues or assessments, the official map showing the original lake front lots is the initial point of reference. 2.) Some of the original lots included on said official map do not currently have access to the water; erosion has filled in some areas of the lake, and properties that originally fronted water are now landlocked. The ELLOA Board of Directors has practiced granting a waiver when Members appeal and show proof that their property is no longer a usable lake front lot. To ensure fairness and accountability for all parties, the waiver process has been formalized. Each Member on the official map must pay their annual dues or file a waiver request form by the stated due date. 3.) If a Member fails to pay the annual dues (or file a waiver request form) by the March 1st due date, a letter from the ELLOA Board of Directors will be sent requesting the overdue payment. Those who remain delinquent by March 31st may have their name(s) published in the spring edition of the ELLOA, Inc. Newsletter. After March 31st, the remaining delinquent Members will be referred to an attorney for legal action. (Legal action may include filing a lien against the property in accordance with Indiana Lien Law: P. L , Sec. 2.1C , and/or referring to small claims court.) 3a.) Any member unable to pay annual dues in full by the stated due date of March 1 st may request to pay dues in monthly installments by appearing at the March scheduled meeting of the Board of Directors. If the Board of Directors allows a member to pay in installments the member must sign a promissory note at that meeting. Said promissory note must be witnessed by two members of the Board of Directors. 4.) Fees, or other assessments not paid by their due dates may be subjected to the same legal actions as above, after an appropriate notice from the Board of Directors. 5.) All Members owing dues, fees, liens, or assessments to ELLOA, Inc. shall have their lake privileges suspended. ADD (NMMA) RULE 7(4) Page 2

3 6.) The Board of Directors has the final authority to grant or deny all waivers. If a waiver is granted, the Member must sign an affidavit that will be legally filed stating that the property is no longer adjoining the waters of East Lake and the Member forfeits all rights and privileges. At some future time if a Member wishes to reinstate membership, with Board of Director approval the accumulative dues from the date of said affidavit shall be paid in full to ELLOA. (In those cases where dredging restores the Member s waterfront and access to the water, accumulative dues would be waived.) 3. DUES AND FEES 1.) Annual membership dues shall be determined by the Board of Directors. Dues are payable by March 1st of each year. Dues for 2017 are $ However, if 2017 dues are paid and received before March 1st, a discount of $25.00 is allowed and the total dues are reduced to $ PENALTIES 1.) Penalties for violation of the Rules and Regulations or the By-laws may be imposed by the Board of Directors as follows: a.) First offense: an official warning (by patrol or Board member either verbal or a ticket). b.) Second offense: formal letter from the Board. c.) Third offense for the same violation: Member will be called before the Board for action including possible suspension of lake privileges. 5. ELIGIBILITY 1.) Members: All regular Members of ELLOA, Inc. having paid annual dues are eligible to use the waters of East Lake and all other facilities of ELLOA, Inc. in accordance with the By-Laws of ELLOA, Inc. Membership can be passed to a new Member, if current annual dues have been paid, by the payment of a transfer fee. No Members of lots fronting on East Lake who do not pay dues may use water craft or privileges of other property owners to avoid paying dues. 6. OTHER 1.) Members may, subject to these rules and regulations, extend their privileges, except the right to vote, to their family and guests and are responsible for their compliance with these rules and regulations. 2.) Any person using the waters of East Lake or other facilities of ELLOA, Inc., other than those specified above will be considered a trespasser and as such will be subject to arrest and/or penalties by due process of law. 7. WATER CRAFT 1. All water craft operated on East Lake must be the personal property of a member. Visiting ADD (NMMA) RULE 7(4) Page 3

4 water craft are not permitted. 2. Each Member is permitted (with waiver of liability) one (1) each of three (3) types of motorized water craft; speedboat, pontoon, fishing boat, and four (4) motor less water craft. (Any hull type water craft operated in excess of idle speed between the hours of 12:00 p.m. and 5:00 p.m. shall be considered to be a speedboat). No member shall be allowed more than three (3) motorized water craft. 3. All water craft except the pontoon type may not exceed 17 feet in length. Pontoon type water craft may not exceed 10 feet in width and 30 feet in length. 4. Underwater craft, houseboats, deck boats (as defined by NMMA) and jet skis are not permitted. 5. Paddle boats, row boats, sail boats, canoes or other similar motor less water craft are subject to all ELLOA, Inc. rules and regulations pertaining to water craft. 6. All water craft shall be identified with a Member's current and correct lot number. It shall be permanently attached at least three inches high displayed on both sides of the water craft and visible at a distance of 100 feet. 7. All water craft must display their current ELLOA, Inc. stickers on each side of the water craft in the same visible manner as lot numbers. 8. Equipment a) All water craft must be equipped with one life preserving device, in good repair, for each passenger. b) All water craft not docked between dusk and dawn must display a light visible in all directions from a distance of 100 feet. c) No water craft will be equipped with toilet facilities which discharge into the lake. d) No water craft will display or use any insignia or other equipment implying lake patrol or law enforcement unless authorized by the ELLOA, Inc. Board of Directors. e) ) All watercraft must carry an approved orange warning flag measuring at least 18" x 18" which can be seen from at least 300 feet away. The flag must be displayed by boat occupants whenever the watercraft is not functioning properly and the driver is in need of help. 9. Motors a) Motors for speedboats and fishing boats must be the outboard type with maximum rating of 55 horsepower. Use of any motor other than the conventional outboard type must be approved by the ELLOA Board of Directors. (Horsepower of the motor used must not exceed the manufacturer's horsepower rating of that water craft.) b) Motors for pontoon type water craft must not exceed 25 horsepower. (Horsepower of the motor used must not exceed the manufacturer's horsepower ratings of that water craft. c) Any person shall be required to allow a safety patrol person of ELLOA to check the serial number of a motor if the horsepower rating is in question. d) All water craft are limited to one motor with the exception that trolling motors may be added. ADD (NMMA) RULE 7(4) Page 4

5 e) All motors must be equipped with an effective noise suppressing device. 10. Operation a) The operator of any water craft must know these rules and regulations and be capable of handling the water craft in a safe and prudent manner as judged by any ELLOA safety patrol officer. b) Any motorized water craft operated between the hours of 12:00 p.m. to 5:00 p.m. in the skiing area, must be operated by a person who holds a valid Indiana driver's license. The exception is individuals at least 15 years of age with a Bureau of Motor Vehicles issued I.D. card and having completed an approved boater s education course. c) Idle speed must be observed in bayous and posted areas at all times. No wake - no wash behind buoys. d) From 12:00 p.m. to 5:00 p.m. all water craft are limited to idle speed. e) From 12 p.m. to 5:00 p.m. slow moving water craft must operate within 30 feet of the shoreline or idle speed areas. f) From 12:00 p.m. to 5:00 p.m. fast moving water craft shall not operate closer than 40 feet of the shoreline, docks or idle speed areas. g) From 12:00 p.m. to 5:00 p.m. all motorized water craft, including pontoons must operate in a counter-clockwise direction. Any water craft entering the area designated for fast traffic must proceed with traffic in the same counter-clockwise direction and must make a complete circuit and not cut across the lanes of traffic on the lake. h) From 12:00 p.m. to 5:00 p.m. occupants of all water craft must be properly seated while the water craft is in operation. Sitting on boat rails not permitted. i) From 12:00 p.m. to 5:00 p.m. pontoons shall not tow skiers, surfboards or other floating devices. After 500 p.m. floating devices may be towed by any water craft provided the tow rope does not exceed 40 foot in length. No device may be towed after dark. j) Fishing from any water craft is not permitted in the fast traffic area during ski hours. (Please refer to Fishing, Section 12 Paragraph b). k) No motorized water craft shall anchor closer than 20 feet from the shoreline. In addition no motorized watercraft shall anchor closer than 20 feet to any dock, pier, boathouse, boat lift, etc. Lot owners and their guests are exempt from complying with this rule for their own lot(s). l) Anchored boats shall not block any lot owner free access to the right of way from entering or exiting the waters of East Lake from their boathouses, docks or piers. 11. Skiing a) Water skiing is permitted from 12:00 p.m. to 5:00 p.m. only. b) During ski hours all towing of inflatable devices is prohibited. c) During ski hours only devices that are not connected to the boat are permitted d) During ski hours all devices used shall be controllable and maneuverable by the rider. e) Anyone towed by water craft shall wear a visible ski belt or jacket type life preserver properly attached. ADD (NMMA) RULE 7(4) Page 5

6 f) Only one person may be towed at a time. g) Ski ropes shall not exceed 60 foot in length when measured from transom to handle. (Most purchased ski ropes are 75 feet long). h) Speedboats towing skiers must stay a minimum 40 feet from shoreline, docks, or idle speed zones. i) Speedboats towing skiers must have two people in boats: i.e. 1). A capable driver devoting attention to operation of the boat, and 2). A capable spotter responsible for constantly observing skier and relaying proper information to the driver. j) If a skier drops a ski, that ski must not remain in the fast traffic area. If a skier falls with just one ski, he must be taken into the boat or be provided with another ski. Skier must not be left in water while speedboat returns for dropped ski. k) When a skier falls, the operator of the boat must close the throttle immediately, make a sharp turn in safest direction, and point boat toward and return to skier. This will force oncoming traffic around the downed skier. Making a wide sweeping turn is not permitted. l) Speedboats towing skiers must carry an approved orange warning flag measuring at least 18" x 18" which can be seen from at least 300 feet away. The flag must be displayed by boat occupants whenever skier is in the water or the ski rope is trailing in the water m) When the skier is no longer in the water, the ski rope must be taken into the boat. n) Knee boards must be used properly. Riders are not allowed to be towed on their stomachs for an extended period of time. All riders must be making an attempt to get up on their knees. 12. Fishing a) Fishing from any dam, pier, or property owned by ELLOA, Inc. is prohibited. b) Fishing from water craft is not permitted in the fast traffic ski area from 12:00 p.m. to 5:00 p.m.. Fishermen may fish from water craft during ski hours in the bayous only. c) Only members and their guests are permitted to fish in East Lake. d) Fishing is permitted throughout the year and no license is required. e) There is no limit on size of fish taken with the exception of large mouth bass. A slot limit has been imposed on large mouth bass. The slot limit is inches in length. All bass caught measuring within this slot limit must be returned to the lake. f) Commercial fishing is prohibited. g) Gold fish and carp minnows are prohibited. h) Placing fish in East Lake for stocking purposes is prohibited without consent of the ELLOA, Inc. Board of Directors. i) Use of seines, traps (except minnow traps), gigs, fire arms, pellet and air guns, explosives, shocking devices, arrows, spear guns, trot lines, limb or drop lines, and other similar devices are prohibited in the waters of East Lake. j) Holes cut for ice fishing shall not exceed 8" in diameter. Cutting holes in the ice for any purpose other than ice fishing is prohibited, except in case of emergency. k) When leaving the ice, ice fisherman must remove all debris and any other materials that were brought onto the ice: i.e. chairs, etc. All ice shanties must have the owner's name and lot number. All shanties must be removed from the waters before ice out. ADD (NMMA) RULE 7(4) Page 6

7 1) Unattended lines secured to docks etc. are not permitted. m) Bag limits are: crappie 15, red ear 15 and bass Paddle Boats. Row Boats. Canoes, and all other Non-Motorized Water craft a) This type of water craft must stay within 20 feet of the shoreline during ski hours. b) After ski hours (12:00 p.m. to 5:00 p.m.) all such water crafts may travel at will. After dark these type water crafts must exhibit a proper light, (refer to Section 8 (b). 14. Swimming a) Diving or swimming from any dam, pier, or property owned by ELLOA is prohibited. b) From 12:00 p.m. to 5:00 p.m. all swimmers must stay within 20 feet of shoreline in those areas of the lake where fast traffic is allowed. c) Any person using underwater swimming or diving gear must be accompanied by at least one responsible observer, and proper markers must be used. This activity is not allowed in the fast traffic area during ski hours. d) Any person using the waters of East Lake who is not an experienced swimmer must use an approved life preserver and have it attached firmly to his/her body. e) Any person swimming at night must swim only in illuminated areas or be accompanied by a properly lighted boat. 15. Miscellaneous a) Any person using the waters of East Lake or other facilities of ELLOA, Inc. must obey any order of a safety patrol officer, or Board Member of ELLOA, Inc. at all times. b) Boat traffic on East Lake that is pursued by a safety patrol officer, or ELLOA, Inc. Board Member displaying a red flag or flashing blue light must come to an immediate stop. All boat traffic should be aware of safety patrol displaying red flag, this indicates a possible emergency. Please be alert. c) In bayous or narrow waterways, no piers or other structures may be constructed to interfere with the passage of water craft. Any structures other than the legal 15 foot piers on the entire lake must be approved by ELLOA, Inc. Board of Directors. d) No water may be taken from East Lake. e) Any accident on East Lake or properties of ELLOA, Inc. must be reported to an ELLOA, Inc. Board Member or safety patrol officer within 24 hours f) Deposit of debris, waste or trash of any kind into the waters of East Lake is prohibited. This includes trees, limbs, and leaves. It is also the responsibility of any lot owner to remove all fallen trees, limbs, etc. that came from their property. g) It is the responsibility of the lot owner to remove, at their expense, any boat house, boat lift or pier that is unsafe for use. h) Instructions pertinent to East Lake will be posted on ELLOA, Inc. Bulletin board located at the intersection of Lakeview and Roszell Drives as well as on the ELLOA.net website. ADD (NMMA) RULE 7(4) Page 7

8 i) During periods of construction appropriate erosion control barriers must be erected. j) Members must prominently display their lot number(s) in letters and numbers not less than three (3) inches high on their docks or waterfront area facing the lake in a manner that makes them visible from the lake. 16. Weed Control a) It is prohibited to place any type of chemicals in the waters of East Lake without prior approval of the Board. b) Weed control procedures conform to EPA guidelines, Instructions concerning lake treatment is posted on ELLOA, Inc. bulletin boards and all persons using the waters of East Lake must observe and obey them. These procedures will be strictly enforced. The ELLOA board's goal is to provide regular updates on this website. We encourage you to visit the "Contact Us" page and pass along your comments, or add your name to our list, if you have not already submitted your address. The board will continue to send out newsletter via regular mail but in order to control costs we will utilize this site and s as the most frequent form of information sharing. We encourage you to print the s, or these pages and pass them along to your friends who do not have internet access or . It is important that a regular line of communcations be open and available between all members of our community. The board promises to utilize all the tools we have to keep each other informed of the actions being taken to restore our lake and we ask that you join us in sharing accurate information with other residents. ADD (NMMA) RULE 7(4) Page 8

EAST LAKE LOT OWNERS ASSOCIATION, INC. P.O. Box 147 NINEVEH, IN E.L.L.O.A. RULES AND REGULATIONS 2018

EAST LAKE LOT OWNERS ASSOCIATION, INC. P.O. Box 147 NINEVEH, IN 46164 E.L.L.O.A. RULES AND REGULATIONS 2018 You, as a dues paying Member of ELLOA, Inc. are responsible for your family and guests* compliance