ARTICLE VI
RULES OF THE ASSOCIATION
The Association does hereby establish the following rules and regulations governing the use and enjoyment of the Lake:
Section 1. Use of Lake. No one shall be allowed to use the Lake other than members of the Association and their approved guests, as defined below. The Association shall be responsible for placing appropriate signs and/or notices at designated access points and at other designated points, which signs or’ notices shall apprise the general public of restrictions as to the use and accessibility of the Lake to members of the general public.
Section 2. Approved Guests. Any person may use and enjoy the Lake or Common Area as an approved guest if that person is accompanied by a member or by an officer of an entity, other than a natural person, who is a member.
Section 3. Access to Lake. Access to the-Lake by members and approved guests shall be only at specifically designated access points. These access points shall be positioned and agreed upon by the members in such a manner as to insure equal and readily available access to members and approved guests. The access points shall be maintained by the Association. These provisions as to access to the Lake shall not be construed so as to restrict members owning lakefront property from access to the Lake from their property. However, all other rules, regulations and restrictions contained herein are equally applicable to members owning lakefront property as they are to members not owning lakefront property.
Section 4. No boats propelled by gas-powered motors shall be permitted on the Lake. No boat shall be operated on the Lake unless it is labeled with an Association boating permit. These permits shall be issued to each member of the Association upon application for the same on an application form provided by the Association. The application must be accompanied by proof of ownership by the member/applicant of the boat for which the permit is, sought. Once issued, the boating permit shall be valid until such time as the boat is sold, leased or otherwise transferred to a non-member or until such time as the member is no longer eligible for membership in the Association, whichever shall first occur. The permits may also be revoked by the Association’s Board of Directors for violation of these Rules and Regulations or for any other good cause. Each member shall not be issued more than three (3) permits.
Section 5. Piers. Class A members shall not build more than one (1) pier over and in the Lake for each residential structure on the member’s property. The Association may build such vita: as it desires at designated access points. Piers built by members and by the Association shall project no further than 30 feet into or over the Lake and shall be no wider than 12 feet.
Section 6. Insurance. The Association shall procure and maintain general liability insurance with terms adequate to cover all risks incident to the authorized and unauthorized use of the Lake.
ARTICLE VII
GENERAL PROVISIONS
Section 1. Enforcement. The Association, or any owner, shall have the right to enforce, by any proceeding at law or in equity, all rules, regulations, restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provisions which shall remain in full force and effect.
Section 3. The rules, regulations, covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of twenty (20) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years. The covenants and restrictions of this Declaration may be amended during the first five-year period only by majority vote of the Board of Directors. Thereafter, the covenants and restrictions of this Declaration may be amended during the following fifteen (15) year period by an instrument signed by not less than ninety percent (90′) of the Lot Owners, and thereafter by an instrument signed by not less than seventy-five percent (75%) of the Lot Owners, provided that no amendment shall alter any obligation to pay ad valorem taxes or assessments for public improvements; as herein provided, or affect any lien for the payment thereof established herein. Any amendment must be properly recorded.
ABSOLUTELY NO CLEARING OF MCFADYEN LAKE LAND. MOST shorelines are owned by the McFayden Lake Association, when clearing does occur, vegetation should remain 18 inches tall at the shoreline, and thinning and limbing of trees should go from ground level to a maximum of 18 feet above ground.
PLEASE SUBMIT ALL REQUESTS FOR CLEARING OF VEGETATION THROUGH THE APPFOLIO OWNER PORTAL (https://mcfadyenlake.appfolio.com/users/sign_in) FOR APPROVAL.
- This also goes for piers, docks, retaining walls, fountains and bulkheads
- Retaining walls must be approved by the MLA Board of Directors, requested in writing and approved.
- Fines may be imposed by the MLA Board Members, or its representatives, of $100 per day, until corrected, the procedure will include a hearing and appeals process via video meeting, or in writing. Violation meetings will be monthly, when violations are issued violators will receive notice of when their violation meeting will take place.
Swimming is discouraged due to pollutants, geese are a large contributing factor. MLA is not responsible for any water accidents
Catch and release for any Largemouth Bass over 16 inches! If you plan to mount your catch, please take photos/measurements and have a replica made.
All members are cautioned that appropriate fishing
and boat licenses are required
Violators of McFayden Lake Rules
may be ticketed, towed and/or
their membership revoked!
Mcfadyen Lake Association
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In 2021, a special assessment was passed to assist in maintaining our concrete and earthen dams, in the amount of $400 per parcel, per member. Since, this special assessment has been courtesy billed, once yearly, alongside your standard dues and insurance, in the amount of $100 a year. This special assessment cycle is set to end with 2025's Dues.
2022 - Dues + $100 Special Assessment
2023 - Dues + $100 Special Assessment
2024 - Dues + $100 Special Assessment
2025 - Dues + $100 Special Assessment
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