24 Oct

Lets step through the covenants here at LHV.

Disclainmer (I am not a lawyer)

But I do have some experience with law.

One specific thing that I have found in the covenants is this statement found in:


22. Enforcement and liability of the Lake Helmerich Property Owners' Assn.,

Enforcement of the above covenants and restrictions shall be by proceedings at law or in equity against any person either to restrain violation or to recover damages.

No lot owner or owners or persons claiming by, through or under him or them, shall be entitled to sue for or recover damages from the ASSOCIATION for failing to maintain the water in the Lakes at any given level, or by reason of or as a result directly or indirectly of the condition of water in the lakes, or the condition of the park areas, easments or roadways.

This is kind of a catch all way of trying to enforce a rule stating no one can sue for failure to maintain park areas, easements or roadways.

This section is probably disputable in a court of law because it is an over reach of legal rights that members have no matter what. A member has the right to sue the Association, by law, for failure to maintain these areas. We are paying for a service that is expected and in so doing. We have a right to challenge it in court.

There seems to be these psuedo style of ways the original boards tried to use to minimize or scare people into believing they have no right to sue. 

Also, if a dam breaks and causes damage and is due to poor maintenance of the dams. This states we cannot recover damages. That is more of a scare tactic than anything. You do have a right to sue for the Association failing to maintain the condition of those dams.

What if the water is tainted with e-coli because of a septic system that is running into the lake? Could you sue if your child was swimming and got sick from it? You bet. The homeowner may be liable, but the Association may also incur some responsibility if they knew the issue existed and did nothing to try to remedy the situation.

So, in December of 2030, these covenants continue for another 10 years, unless we vote to either change  them or make addendums. 

Also, a vote of 10% of the member's can force a vote to make corrections or additions or changes to the covenants.