Mcfadyen Lake Association Rules and Regulations

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1. Guests are allowed to fish provided that the McFadyen Lake Association Member is present. Guests are not allowed to keep any fish.
2. Please remove ALL Carp from the lake.
3. Catch and release for any Largemouth Bass over 18 inches! 
4. If you decide to mount your trophy catch, please take measurements of fish and have a replica made. 
5. No fishing from or walking on the Mcfadyen Lake Dam.
6. Short-Term Rentals "Airbnb, Vrbo & etc." are NOT considered MLA members and anyone renting the property is considered a guest.
7. Fishing is authorized for members from dawn to dusk. 
8. No guest memberships or unaccompanied visitors.
9. Non-members have caused many issues for our members, including theft of property, damage to property and other reckless violations.
10. No feeding Geese. Water quality tests have shown high levels of coliform caused by Geese feces.
11. No dumping leaves or any yard debris into the lake.
    1. No fish structures, fountains, or decorations/light in the lake without written approval from MLA Board.
    2. No planting of Lilypad’s or any other aquatic plants.
12. NO dirt, rock or any type of fill shall be placed in the lake. This includes expansions of yards into our lake!!!!
13. All watercraft that can be propelled on the water requires two stickers.
    1. There will be a routine inspection this Summer, to verify and notify owners that do not have boat stickers.
    2. Violators may be ticketed, towed, or have a violation issued by the NC Wildlife Commission
14. Electric Motors Only, with No Wake on our lake
15. No businesses on the Lake
    1. No selling access
    2. No boat tours
    3. No paid tours
    4. No boat rentals (kayaks, canoes, paddle boats)
16. No fishing/casting within 10ft of watercraft (docked or otherwise)
17. No releasing of Carp, Koi or other non-native/invasive species

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!