2007-05-19 / Editorials & Letters

Another Letter: CBHA is trying to regulate everything in Cranberry Bay

Editor:

A January 2 letter from the new President of Cranberry Bay Homeowners Association (CBHA) stated, "Since we are a new owner of an established development, the ODNR has made us a Marina." Really? The new president of this VOLUNTARY association now claims that they OWN our development? As my mother used to say, that takes the cake!

Section 1.3 of their Code of Regulations: "All present and future owners and their residents and future residents, employees, and any other persons are subject to the regulations set forth in this Code of Regulations, and all Rules and Regulations established by the Board of Trustees. The mere acquisition or rental of any of the Property, or the mere act of occupancy of any of the property, as referenced in this section, will signify that the Code of Regulations are accepted, ratified,and will be complied with."

Hooch Haynes was the former president of the Cranberry Bay Homeowners Association (CBHA). Unfortunately, an illness forced her resignation. As president, she opposed mandatory charges to access our docks and new restrictions that are now being proposed. Hooch is now doing very well and continues to actively oppose all the new changes that will diminish our property values.

Some residents didn't realize that Hooch became ill and resigned as president. They say they went along with the new documents because they thought she was still president and they had complete confidencein her judgment. Many have also admitted they didn't read the new documents before signing and are now relying on what the new president says the intention is.

The CBHA dock license agreement states that access to and use of the dock shall terminate upon the death of licensee (dock owner) or sale or transfer of the licensee's real estate. So, as long as we stay alive and don't put up a For Sale sign, we're okay.

The agreement gives CBHA exclusive right to transfer and control our docks in the future. Intentions don't matter much because it also states, "This is the entire agreement between the parties, and no representation, written or oral not set forth herein shall be binding on the parties."

What if CBHA adds an addendum to the agreement? The agreement will still give CBHA the power to re-assign docks or take ownership of docks and rent them out if we don't obey all the rules and pay all the fees!

Each Bounds Addition property owner has real estate to the water's edge through our recorded easements. CBHA owns the dirt but we own access over the dirt to our docks, right down to the water's edge. Therefore, ODNR should continue to permanently grant dock licenses directly to dock owners who can produce deeds and easement documents.

The new CBHA president distributed another letter on April 20 stating, "We assure you that we are not challenging anyone's right to walk on the Easement." Really? Has SHE even read the CBHA licensing agreement? Article 5 states, "The parties hereto mutually agree . . . . ingress/egress over lands of licensor (CBHA) shall terminate upon:" followed by a list of six items. Some may argue that this is just a rewrite of the Bounds' document. That's partially true, but CBHA's version is even more restrictive, especially for those who hired attorneys to customize the Bounds' document. Besides, no one ever bothered to challenge the Bounds' document because there were no fees to access our docks.

There are other ways to pay the minimal expenses related to the easement property. Establishing a dictatorship regime is not a good solution.

ODNR is granting 2007 dock permits for individuals in Cranberry/ Maple Bay with proof of a deed and last year's invoice. The deadline is May 29. Complying with CBHA's documents is a dangerous precedent to set for ourselves and, in effect, will result in diminished property value. Peggy Wells Buckeye Lake

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