THE HOA TRIED TO TAKE MY LAKE

Chapter 2

Theme:
Font Size:
24px

He gave a small, reluctant smile. “I was hoping you'd say something like that.”

Inside the boathouse, I kept a metal filing cabinet with the records my father had organized before his death. I pulled out the property survey, the original deed, the recorded shoreline map, and the most recent tax assessment. The documents were not glamorous, but they were clear. The lake basin, the shoreline, the dock, and the narrow service road leading to the water were all part of the Mercer tract.

Deputy Ellis studied the survey. “This is recorded with the county?”

“Book 214, page 88. There are newer amendments, too. The association can look them up.”

“Did you grant the development an easement?”

“I granted a limited access license to the original developer for emergency maintenance and for a small walking path on the far eastern edge. It doesn't cover this dock, fishing, boat launches, or HOA control.”

“Is the license still in effect?”

“Only under the terms of the agreement. The developer had to maintain the path and carry liability insurance. They also had to respect the private shoreline. If they violated those conditions, I could revoke it after written notice.”

He looked up. “And have they violated it?”

“Not until recently. The association has been putting up signs, telling residents they own the beach, and moving survey stakes. I documented all of it.”

I showed him photographs from the previous two weeks: a new sign declaring the shore “Silverpine Shores Community Waterfront,” a stack of lumber left beside the path, and orange ribbons tied around trees on my land. I had assumed the HOA was simply overconfident. Now I wondered whether someone had told them they had a right to do these things.

Ellis returned the documents carefully. “I can't settle a civil property dispute on the spot, but I can tell you this doesn't look like trespassing by you.”

“Good. Because I was about to catch a bass.”

He almost laughed. Then his expression grew serious. “Mr. Mercer, I recommend you make copies of everything and keep a written log. If they continue calling us, it helps to have a record.”

“I'm already keeping one.”

As he walked back to his SUV, his radio crackled. He answered, listened, and looked toward me again.

“Apparently Mrs. Caldwell is on the phone with dispatch now. She says I'm refusing to enforce community law.”

“Community law?” I repeated.

He shook his head. “There is no such thing.”

After he left, I locked the boathouse and sat on the dock. I should have felt relieved. Instead, I felt a familiar uneasiness, the same feeling I had when I discovered a fence post had been moved or a boundary marker had vanished. Someone was behaving as though the truth was an inconvenience that could be bulldozed out of the way.

I called my attorney, Helen Brooks, and told her what had happened.

“Don't argue with Margaret,” Helen said. “Don't sign anything. Send me the photographs and the survey. And Daniel?”

“Yes?”

“If they're claiming ownership, somebody may have given them a reason to believe they can get away with it. Find out what that reason is.”

That evening, I drove into town and requested the latest recorded documents involving Silverpine Shores. I expected to find a routine subdivision plan.

Instead, I found an application to amend the development's access agreement, filed six weeks earlier, with a signature that looked remarkably like mine.

A Signature I Never Wrote

I stared at the photocopy until the clerk asked whether I needed a chair.

The document was titled “Amended Waterfront Access and Community Use Agreement.” It claimed that I had granted Silverpine Shores a permanent, transferable easement over the entire lakefront, including the dock, boat launch, and a strip of land around the southern cove. It also stated that the HOA could impose reasonable fees and regulations on all recreational use.

At the bottom was my name.

The signature was close enough to fool someone who had never watched me sign a contract. The capital D was too narrow. The final stroke in Mercer curled upward, something my hand had never done. More importantly, I had not signed it.

“Who submitted this?” I asked the clerk.

She checked the file. “It came through a title-services company. The applicant was listed as Silverpine Shores Property Management.”

“Was it accepted?”

“It's indexed as a recorded instrument, but I can't advise you about its validity.”

I paid for certified copies and called Helen from the parking lot.

“Don't confront them,” she said immediately after I explained. “A recorded document is not necessarily a valid document. We need the complete filing packet, the notary information, and the chain of submission.”

The notary stamp belonged to a man named Curtis Vale. I recognized the name from a sign outside a small office near the highway. The document claimed it had been signed in his presence on a Tuesday afternoon. On that day, I had been two hundred miles away attending a memorial service for an old friend. I had hotel receipts, fuel receipts, and photographs from the trip.

News in the same category

THE HOA TRIED TO TAKE MY LAKE

10 Part