- Harbor Isle Homeowners Association - Brad Bachman and Elsea & Petty
- United States of America
We, the undersigned property Owners of Harbor Isle, do hereby request the repeal of specific revisions to the Lake Rules dated 6/25/09, as outlined below:
Section 2. Boat Limits
(e) No non-resident, except the immediate family of Homeowner, shall operate a power boat or PWC on the Lake.
Section 5. Fishing
(d) Homeowners shall not have the right to grant any non-resident or guest the right to fish, boat, swim or use any part of the Lake except when that Homeowner or a family member is present to accompany the non-resident and then only from that Homeowner’s lot, boat dock or boat. Visitors or guests found fishing on the Lake without the Homeowner or a member of his/her immediate family accompanying them will be considered trespassers.
(e) When fishing from a boat Homeowners shall maintain a distance of at least 20’ from another Homeowner’s boat or dock.
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The 6/25/09 revision prohibits any invited guest, whether it be the Homeowner’s parent, sibling, cousin, etc. from even swimming in the lake while house-sitting, as the Owner would not be “present”. This is absurd. It also violates the Declaration of Covenants of the Harbor Isle Addition to Sedgwick County, Kansas, which clearly defines “Owner” as:
“Any person or persons who own a residence site in fee simple in any part of Harbor Isle Addition, Sedgwick County, Kansas, and the successive successors, assigns, heirs, devisees or PERSONAL REPRESENTATIVES of such person or persons.”
Clearly, any Homeowner has the constitutional right to extend the same privileges enjoyed by the Homeowner to any invited guest, with the understanding that the guest would comply with the Declaration of Covenants and Restrictions, including the Lake Rules, and that the Homeowner would be held accountable for any misconduct.
Further, we declare these revisions to the Lake Rules created by two or three people, one of whom does not even reside on the lake, to be unconstitutional and in violation of our rights as property owners living in the United States, and request that any proposed revisions require a majority vote of 80% of the Owners before being incorporated into the Lake Rules.
We, the undersigned property Owners of Harbor Isle, do hereby request the repeal of specific revisions to the Lake Rules dated 6/25/09, and request that any future revisions require a majority vote of 80% of the Owners before being incorporated into the Lake Rules.
The Review Harbor Isle Lake Rules petition to Harbor Isle Homeowners Association - Brad Bachman and Elsea & Petty was written by Kecia Kesler and is in the category Neighborhood Living at GoPetition.