Lost lake in Pocono Summit
By Jenna Ebersole, Pocono Record, Stroudsburg, Pa. | |
McClatchy-Tribune Information Services |
On a blustery day in early June, two men, both named Jim, stood looking out over the blue waters of the lake that has been the anchor of their community -- the
Now after legal and tax rulings, the association is defunct, and the lake is set to be sold to the highest bidder.
Wilson also chipped in an extra
But the sand disappeared from the beach a few years ago. The association once trucked in sand at a cost of
Most difficult for Wilson and
Questions about identity
Wilson sat in the small clubhouse and flipped through pages of notes and records covering six decades, a large American flag behind him.
He said the property owners formed the association in 1959, later buying the lake itself.
The lake and small neighborhood are just off
On the deeds of about 200 home and property owners, each is given access to the lake, though the wording is not for exclusive access.
In 2008, the board decided to double annual association dues to
The plan was to build a reserve to help pay to fix a dam on the lake the board believes is in need of repair, though ownership of the dam is also in dispute.
But one resident protested the dues hike and challenged it in court along with other residents, arguing that the board cannot compel residents to pay any dues because the property owners association is a private club, not a bona fide homeowners group.
Liability concerns
In 2012, the Commonwealth Court upheld a lower court ruling that the association does not fit the definition for a "planned community" in the Uniformed Planned Communities Act passed in 1996, decades after the association's start. The court found membership in the association was voluntary for years, and members sometimes blocked nonmembers from accessing the lake. But Wilson said any attempts to block access over the years came from frustration among residents who paid dues while others were delinquent; it was not an official policy.
"You rely on the courts to do the right thing, and it just proves that the good guys don't always win," Wilson said of the decision.
Another issue is liability insurance, which the association has not been able to fund for several years.
When a man was rescued after falling through the icy lake in the winter of 2006, the board investigated whether it would be liable if someone sued after an incident at the lake or clubhouse, and eventually began paying about
The insurance payments lapsed while the association fought an expensive battle in court for its status. That could leave property owners who have deeded access to the lake liable if something goes wrong, Wilson said based on legal advice he has received.
But some residents believe that by not paying dues, they would avoid any liability.
'Kind of lost'
A resident involved in the lawsuit also successfully challenged the association's tax-exempt status, which leaves the defunct group on the hook for about
The association did not pay taxes in 2013, and the lake will be up for a public auction tax sale next year.
Wilson said he still hopes to challenge the tax decision. In the meantime, he has also approached
"We're kind of lost right now," Kinsley said.
The state
About 25 owners have voluntarily paid a collective total of
Meanwhile, Wilson said the lake has no owner.
"So who is the
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