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HOA Board/LW Holdings Meeting, 8/11/2020 at 6:30 PM
 
 
The APCC Meeting originally scheduled for Tuesday, 8-4-20 at 6:30 PM, has been moved to Thursday, 8-6-20 at 7:00 PM in the Community Center Board Room. 
 
The Boat Committee Meeting scheduled for tonight, Monday, 8-3-20, 7:00 PM, has been rescheduled for next Monday, August 10 at 7:00 PM in the Community Center Board Room. 
 
 
Reminders on PWC usage on the Lake from the Boat Committee. 
 
There have been quite a few violations issued this year for PWC usage.  Boat Patrol has been asked to place particular significance on PWCs  this season and going forward.  A few important reminders are provided here for everyone’s safety and as a reminder of several core restrictions regarding PWCs on the lake. 
 
PWCs are not allowed on the lake, at any speed, between sunset and sunrise.   This means any PWC on the water at those times is subject to violations per the Watercraft Regulations.   In other words, when Boat Patrol begins their nightly no-wake laps, PWCs must go in.
PWCs are not allowed to tow any devices at any time, with the exception of towing a stranded boat for emergency purposes (ie., helping a broken down boat back to the dock).
PWCs are subject to all standard regulations on distance from shore and other watercraft, safety, speed, no-wake areas, and all the other general protocols as any other watercraft.  This includes distance from each other when riding in tandem, just like every other watercraft.  
PWCs are effectively at the bottom of the pecking order for right of way.   In short, they must maintain appropriate distance and give way to all other watercraft. 
Following in the wake of other boats and crisscrossing waves for jumping etc is prohibited where appropriate distances are not maintained.
PWCs are not allowed to weave through other watercraft traffic other than at idle speed.
An operator must be 14 and have a valid MO Boaters’ ID to operate a PWC, unless the operator was born before January 1, 1984.  This includes guests.  
Guests using a resident’s PWC are subject to all these same rules; violations by guests count against the resident per the Watercraft Regulations.
You may view all the Watercraft Regulations and specific rules as they apply to watercraft and PWCs at LakeWinnebago.org, under the Boats Tab.  
 
 
From the Lake Winnebago Boat Committee:
Lake season is here and it’s great to see everyone getting on the water and enjoying all the great sports activities Lake Winnebago has to offer. Water sports is what makes Lake Winnebago unique and fun for everyone.  Just a few reminders to ensure we all have a safe and enjoyable season:
 
·         Boat Patrol is working hard to ensure everyone stays safe.  Please be patient with them if they pull you over—they are just doing their job and trying to respect the concerns of everyone. 
·         Please take time to review the Boat Regulations (which can be found on the HOA website, under the Boats tab), and the safety presentation created by the Boat Committee at https://youtube/PnP45KkZQZ8.  You can also obtain an copy of the safety class power point from the HOA.
·         Just a few reminders of core rules that are critical to the safe use and enjoyment for everyone:
o   All traffic on the Lake is counterclockwise.    That means no watercraft should be operating in a clockwise fashion anywhere on the Lake on the wake side of the buoys.    Boat Patrol has been asked specifically to look for this going forward as this season has brought a lot of traffic not following the correct pattern.
o   All traffic in coves, inside the orange buoys, and after dusk anywhere on the lake, is no wake.   
o   The speed limit is 37 mph for any watercraft. 
o   Navigation lights are required after dusk.    Dock lights should not be used unless you are actually pulling into your dock.
o   Plowing is almost always unnecessary as it causes needless waves and bottlenecking of traffic.   No wake or on plane is ideal.
o   Please be respectful of the City’s late night nuisance ordinances—ie., loud music into the night on the boat.
o   Try to avoid coving out in the middle of the lake—that just congests traffic for everyone else.  Find a spot out of the way and have fun.
o   Be respectful to skiers and others being pulled.    Keep a safe distance.
o   PWCs are not allowed to jump waves within 150’ of other boaters, are not allowed to weave in and out of traffic, and must be at idle speed within 50’ of other watercraft.  PWCs are also at the bottom of the right-of-way rules.  So basically, PWCs must give way to any other watercraft on the Lake at all times.
o   Non-motorized activities are best inside the buoys, such as kayakes, paddle boards, and so on.  
o   Please avoid bottlenecking the Lake with tubers and pwcs doing circles in the tighter areas, such as West of the AYC.   There is plenty of open water and less clogged spots towards the East to do that.
o   The Regulations set forth right-of-way priority for oncoming boats, etc, but, at the end of the day, simply giving way  and slowing down when approaching others is the safest outcome for all.
o   All ramp gates must be closed and locked after you put your boat in, each time you use them.  This helps ensure only those with permission to use our Lake do so.   If you have any questions, feel free to contact the HOA. 
 
 
To all lake Winnebago Residents-
Due to the Corona Virus Stay at Home order and the HOA staff working from home, we believe we have created a good working plan to start issuing 2020 boat permits. Below is the current plan for this calendar year to allow the HOA staff to timely process permits:
 
Previously, the Boat Committee approved extending all 2019 boat permits until 1 June 2020. That meant that if you currently have a 2019 permit on your watercraft, you will not need to renew it until 1 June 2020. This is still in effect.
 
UPDATE: At this time, the HOA office has created procedures for issuing the 2020 permits. Our first phase was to issue permits to those residents that were new to the lake. The second phase is to start issuing permits to all the residents that currently have a 2019 permit. We will accomplish this in incremental phases. The HOA will be sending out emails to residents in increments of 125 to 150 (alphabetically) to allow them to submit their 2020 boat permit request. This email will include the new Automated Electronic System, which will allow homeowners to apply and submit all required paperwork for boat permits.
 
Some highlights of the new system: Annual testing will be completed electronically and the system will automatically grade the test prior to allowing you to submit the test. This will avoid the manual grading of the test. As a reminder, last year the HOA passed a rule that every boat user in a household is required to take the annual test. The system will allow you to download proof of insurance, proof of ownership, and the testing process for every person born after January 1, 1984 who operates a watercraft, as well as a copy of their boating safety identification card (which must be obtained from the state of Missouri to be eligible to operate a watercraft on Lake Winnebago).
 
Since the staff is still working from home, we request that you continue to have patience and that once you receive your email from the HOA, that you do not pass it on to your neighbors. This will allow the staff to work boat permits in a consistent manner.
 
There remains the option of providing all paperwork, and receiving and taking the written test, manually. However, since he HOA office is currently closed, anyone seeking to complete the 2020 permit process manually will experience delays in receiving test results and permit approvals.
 
Please note that the Boat Committee has downloaded a video version of the safety class for 2020 to you tube at https://youtu.be/PnP45KkZQZ8, and we ask that all residents take the time to view the video.
 
 
 
 
The following are the assigned Committee Chairs for 2020:
     Parks & Rec - Scott Joling
     AYC Liaison - Nancy Scott
     Ways & Means - Craig Brandon
     Signal - Scott Joling
     City Liaison - Greg Grant
     Planning - Scott Majercik
     Legal - Mark Tatum
     Insurance - Doug Brendel
     Silt - Ron Ott
     Lakes & Dam - Ron Ott
     Fish - Steve Phillips
     Docks -  Steve Phillips
     Architectural - Craig Brandon
     Boats - Mark Tatum
 
Friendly Reminder:
HOA membership dues are due in January of each year and are delinquent after March 1st.  Dues for 2020 are $1170.00.  A $100.00 late fee will be added to all accounts not paid by March 1.  Remember, you may not purchase boat and dock permits unless your dues are paid in full.
 
Mohave Storage invoices were sent out early this year and payments were due by 31 Jan 2020.  If you have not made payment or signed a 2020 contract, please come by the office to complete the contract and pay for your storage space.
 
For your convenience, the HOA has a black locked drop box outside the Community Center on the lake side of the building.  Please feel free to use this to drop off any payments to the HOA.
 
 
Congratulations to the following newly elected HOA and AYC Board members:
HOA                                                                                      
Scott Joling   3 year term
Greg Grant    3 year term
Mark Tatum   3 year term
AYC
Leslie Mullins    2 year term
Doug Brendel   2 year term
Thank you to all the candidates who ran for Board positions.  This community succeeds because of all the volunteer efforts of our residents!
 
If you would like to volunteer for a committee please click on the Documents tab, select the 2020 Sign Up Sheet For 2020 Committees tab for a printable.  Feel free to email the form back to us or drop it by the HOA Drop Box located next to the Community Docs on the East end of the Community Center Building. 
Also, please don't hesitate to call the office and we'll put you in touch with the Chair of the committee you are interested in. Thank you!
lakewinnebagohoa@comcast.net 
 
 
 
Steve Phillips-
At the January Board meeting, I reported the HOA had commitments and/or signed consent forms from 601 property owners of record in favor of amending the Declaration of Restrictions to re-classify the existing spillway from Common Area to Area available for Development once the new dam is certified and the existing dam is removed. The Declaration of Restrictions requires that 2/3 of the property owners of record grant their consents to allow amendments to the Restrictions. Currently, 880 lots, tracts, and parcels fall under the requirements of the Restrictions. Two-Thirds of 880 is 587, the threshold to allow amendment of the Restrictions.  When the commitments are confirmed as consents, the threshold will be met. As you read this article, I expect that all commitments will have been transferred to consents.
 
Following some discussion and comments from residents who were in attendance, the Board voted that once the consents are confirmed, the HOA attorney should work with the HOA Administrator to file and record with Cass County any and all documents necessary to memorialize the consent process and amend the Declaration of Restrictions.
 
The HOA attorney did receive a letter recently from an attorney who represents a resident indicating that their client is of the opinion that Lake Winnebago II residents should not be allowed to grant consents. On the advice and counsel of the HOA attorney, The Board disagrees with this opinion and believes it is without merit.
 
As a precautionary step, and because of the potential for legal challenge, the Board encourages any property owners that would like to grant consent but have not done so to do so as soon as possible. The HOA office will continue to offer notary services and will work with any property owner to provide notary to them if they cannot come to the office.
 

CLARIFICATION ON PLANS MATERIAL IN THE EXISTING DAM - - I have recently been asked to clarify what happens to the dirt from the existing dam once the dam is removed and the new dam and spillway control the water elevation in the combined lake.
As part of the original Development Agreement the Developer agreed to cover all costs associated with removing the existing dam and disposing of the material. Material will be removed to an elevation 12.5 feet below normal water elevation of the lake. In exchange for completing this work at no cost to the HOA there are no stipulations in the Development Agreement on the use of the dirt or how or where the Developer disposes of the material.
The Developer has committed to place the dirt in the existing spillway if the two-thirds consents required to amend the Declaration of Restrictions to allow development in the spillway are achieved. Placing the dirt there is an integral part of the agreement reached earlier this year between the Developer and the HOA Board to construct a roadway at no cost to the HOA to connect the existing community with the new development, create a green space within the spillway, and to make 9 lots available to the Developer. The 9 lots in the spillway are not additional lots, the total number of lots allowed by the Development Agreement remains the same. If the required consents are not achieved the Developer will dispose of the material at a location or locations of his choosing.  
-Steve Phillips
 
 
 
FOURTH AMENDMENT OF DECLARATION OF RESTRICTIONS – CONSENT FORM OPTIONS (2020):
 
 
 
 

 
Restrictions Amendment Consent Facts
 
The HOA would like to clarify some of the information that is being handed out throughout the community concerning the Consent to 4th Amendment to Lake Winnebago Subdivision Restrictions. Please see below for actual facts concerning this matter. We thank you for your support.
 
The Restrictions were last amended in February 29, 1988.
The 1988 Amendments changed the 1974 Restrictions.
Both the 1974 and 1988 Restrictions have a specific article on the “Amendment and Duration of the Restrictions”.
The Restrictions recognize that the HOA will have “By-laws” to establish rules for the conduct, regulation and/or management of its affairs and business.
The By-laws do contain rules for “voting”, proxies, quorums, etc…
The By-laws were last amended February 9, 2013 by a “vote”.
The HOA By-laws do not, and cannot, override, or change the Restrictions.
In 1988, due to challenges by residents on the Restriction amendment process, a legal opinion was obtained from the firm of Freilich, Leitner, Carlisle & Shortlidge. In a 10 page February 5 letter from this legal firm to the HOA, the following statements were made:
 “The current Restrictions, may be amended by instruments in writing signed and acknowledged by the record owners of fee simple title to two-thirds of all the lots in the Subdivision. It is not a vote but a consent by a sufficient number of lot owners to amend the Restrictions.”
 “Again, amending the Restrictions is not a matter of voting. If property owners agree that the amended restrictions will apply to their land, they will sign counterparts so declaring. Their signatures must be notarized. However, in order for the Restrictions to be amended, the written consents of the record owners of fee simple title to two-thirds (2/3) of all lots in the Subdivision are required. Thus, if an owner holds fee simple title to five lots (5), that owner may consent to the change of restrictions for each of his five (5) lots.
Every multiple owner has the opportunity to approve the amendments for each lot owned.”
The 1988 amendment to the 1974 Restrictions changed the article on “Amendment and Duration of the Restrictions” from “…fee simple title to two-thirds of all the lots …” to “…fee simple title to two-thirds (2/3) of the Lots, Parcels or tracts of land …” .
In order to insure the HOA was properly following the Restrictions, it asked the law firm of Oswald, Roam & Rew, LLC. (OR&R) for its legal opinion regarding the proposed 4th amendment to the Restrictions process. In a November 12, 2019 memorandum from the OR&R firm to the HOA the following statements were made:
 “Yes. Consents to change the Restrictions should be obtained from fee simple owners of each lot, parcel, or tract of land with the Subdivision, even if that lot, parcel, or tract of land’s owner, owns more than one lot, parcel or tract within the Subdivision.”
 “The process followed when the HOA amended the Restrictions in 1988 in what became the Third Amendment followed this opinion as it was clear by analyzing the consent forms that many individual and entity lot owners sign consents for multiple lots.”
 “It is also important to note, during the 1988 Amendment process all property owners who owned multiple properties and the Land Development Company (the predecessor to LW Holdings) were counted in the numerator and denominator of the consents and overall lot count when determining whether the 2/3 requirement is met.”
 “Thus pursuant to Article VI of the Restrictions, a property owner is entitled to one consent for each lot, parcel, or tract of land they may own within the Subdivision.”
 “Finally, during the 4th Amendment process the HOA should count all lots owned by owners with multiple properties, including lots owned
by the HOA, LW Holdings, developers, builders and other entities, pursuant to the precedent set in the 1988 Amendment process. “
 “Yes, Lake Winnebago II property owners may consent to the 4th Amendment to the Restrictions.”
A recent posting by a Resident on the HOA Face Book (FB) page relative to the Restrictions Amendment process is incorrect. The process being used by the HOA for the Restrictions Amendment process is NOT “flawed” as claimed by the resident. The amendment process is not a “vote”. The By-laws cannot, and do not, override or change the Restrictions requirement for amendment by the “consents” of the owners of 2/3’s of the lots, parcels, or tracts of land being granted.
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