The LEHA Shed Policy was approved by members at the 1995 meeting, and was revised according to legal counsel’s advice later that year. The ambiguous wording in the Declaration of Restrictions compelled LEHA members to adopt this policy as a clarification, and to provide the association with a fair enforcement procedure.
Pursuant to Paragraph 2 of the Lakeview Estates Declaration of Restrictions, any Lakeview Estates lot owner wishing to build a shed must ask the Board of Directors for approval. A sketch of the shed and where it is located, including its distance from the road, must accompany each application. Board approval will be based on the following criteria:
A shed shall be defined as a place to be used exclusively for storage purposes.
The minimum floor area of a shed shall be 24 square feet measured from the exterior. The maximum allowable size shall be 200 square feet.
The top of the foundation, footings, or support posts to the peak of structure shall not exceed 14 feet.
Sheds shall have as their exterior finish: clapboards, shingles, masonry, or other quality finish, with no unpainted particle board, unpainted plywood, tar paper, tarred shingles, or other types of tarred siding allowed. A shed has to conform to the architecture of the primary residence on the property or being planned for the property.
If there is no principal residence on the lot, permission to build a shed granted by the LEHA Board, on the condition that a building permit be obtained within one year of the shed permit and that the principal residence has been started within the time required by the building permit.
The Lakeview Estates Homeowners Association shall have the right in its discretion to enforce these regulations by court action and shall further be entitled to attorney's fees and court costs incurred in proceedings brought to seek compliance with these restrictions.
Anyone applying for a shed permit will sign a copy of these regulations indicating that he or she has read, understands, and will abide by the above regulations.
SEEN AND AGREED: ______________________________
(Adopted at the 2000 annual meeting)
Our association is vulnerable to costly road repairs when proper driveway construction is not practiced. LEHA owns 18' of common land adjacent to the roads. Article #5 in the Declaration of Restrictions (Patten Book) outlines restrictions for new building or re-grading and natural drainage of surface water.
[Declaration of Restrictions Affecting Property of Patten Corporation of Maine, Lake View Estates, in the Town of Fayette, County of Kennebec, and State of Maine]
Article 5: EXTERIOR APPEARANCE:
A lot owner shall not build or re-grade so as to interfere with the natural drainage of surface water, if any, without installing suitable culverts or other drainage facilities, adequate to handle seasonal water run-off, and so designed as to discharge surface water from the lot in the same area and direction as would have naturally occurred before such improvements.
The following motion was unanimously passed at the 2000 LEHA annual meeting:
In the interests of reducing erosion and damage to LEHA roadways, driveway headers will be inspected and the owner notified if a problem or potential problems exist during the ongoing ditching of LEHA roads. If a culvert is necessary, it must be installed to comply with Article 5 in the Declaration of Restrictions (Patten Book). Road damage resulting from lack of attention to the Board of Directors' request will be repaired, and all costs will be borne by the lot owner.
(Adopted at the 2003 annual meeting)
A motion was passed at the 2003 Annual Meeting that established a policy to authorize LEHA to place a lien on a property that is delinquent in paying the value of two years of dues. This means that if the account balance is equal to or greater than the amount of two years of fees ($600.00 as of 7/2006), a lien will be placed on that property.
Furthermore, the association agreed to pursue seriously delinquent lot owners by means of legal action to collect the balance as a result of a “forced sale” of the property.
(Adopted at the 2004 annual meeting)
Passed Motion: LEHA establishes a policy prohibiting members from mooring boats off the common lot.
On July 26, 2008 this policy was amended as follows at the annual meeting:
The use ofrecreational vehicles, including but not limited to All-Terrain Vehicles (ATVs), snowmobiles, go-carts, and dirt bikesis prohibited on Basin Road and Shore Roadexcept as provided by deeded easement. Pending the outcome of the Road Use Committee’s study, LEHA allows Lake View Estates homeowners to use ATVs for non-recreational use only.
This policy shall be enforced in conformance with the laws of the State of Maine (e.g., State of Maine Snowmobile Laws and Rules & Maine ATV Law Summary)