Please see most recent versions of LMPOA Documents below. 

LAKE MOHAWK PROPERTY OWNERS ASSOCIATIONS, INC.

Property Owners - Do not let any construction begin on your property unless you physically have a building permit.  Please read the Building Code and Constitution BEFORE starting any projects.  Before you build a new structure, such as a house, deck, dock, garage etc., or add on or refurbish an existing one, paving or concreting a driveway, or any other project please read the Code and Constitution.  Certain specifications are required and building permits are necessary.  If you are in doubt whether a permit is needed, please call the lake office for more info. The Building Code and Constitution are available at lake-mohawk.org or you can stop in the Lake office for a paper copy.  Do not take the word of the contractor that everything is in place.  If construction is started before a permit is issued, you will be fined a minimum of $50.

Concrete Work: If you are having concrete work done that requires a concrete truck to enter the lake, you must pay a $500 road bond in case any damage is done to the lake roads by the truck.  If it is not paid, the gate guards will not allow the truck to enter.

 

 

Culvert Permit

 

Lot #_____________

 

Road Name ___________________

Culvert Location:
Size Required:			Diameter:		Length:
Clean Outs to Be:
Specifications Required by Inspector:
Inspected By:						Date:
Property Owners Signature:						Date:

Road Cut/Bore Permit

 

Lot # _______________

 

Road Name _____________________

Reason:
Contractor:		Phone #:	Date:

 

 

Electric Permit

 

Fee:		Date:			Lot#		Owner:
Application is hereby made to install electric equipment in compliance with the LMPOA building code, for:
Location:
Type of Construction:			 New  Old
Contractor:						Phone #:		Date:
Signature of Applicant:

 

For Inspector's Use Only

 

Rhg, App, Date:		Inspector:
Ser, App, Date:		Inspector:
Final App, Date:		Inspector:
Remarks:

---

 

Other Permits:

BOAT LIFTS NEED PERMITS: You do need to submit a request to the Lake Office if you want to install a boat lift. The cost for a permit is $150 (subject to change). For people renting an association dock, please contact the office before purchasing your lift because it may not fit into the area where your dock is located. No dock lifts will be permitted in Bay 3.

LAKE MOHAWK PROPERTY OWNERS ASSOCIATIONS, INC.


PLOT PLAN

. . .Submit in duplicate with plans. . .

1. Show dimensions of lot on diagram, in feet.

2. Show size of structure, in feet.

3. Locate structure on lot (must be 30 feet back from the lot pin).

4. Show distances in feet from the structure to roadway, lake front and abutting lot lines.

 

 

NOTE: Change if irregularly shaped lot.

WARRANTY DEED OF LAKE MOHAWK



BEING ALL OF LOT(S) #________ OF LAKE MOHAWK SUBDIVISION MAP #________, AS THE SAME DESIGNATED NUMBER AND KNOW ON THE RECORDED PLAT THEREOF, VOLUME #________, PAGE #________, PLAT RECORDS OF CARROLL COUNTY, OHIO, BE THE SAME MORE OR LESS, BUT SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS, RIGHT OF WAYS AND RESTRICTIONS OF RECORD.  BEING A PART OF THE SAME PREMISES AS CONVEYED TO THE GRANTOR HEREIN BY DEEDS RECORDED VOLUME 141, PAGES 359, 472, 481, 512, 610, 627,652, 697, 746, 776, 778, 780,789, 793, 805, 840, 854, 862 AND VOLUME 142, PAGE 115, DEED RECORDS OF CARROLL COUNTY.

TOGETHER WITH THE RIGHT IN COMMON WITH OTHER OWNERS OF LOTS IN SAID SUBDIVISION TO USE FOR ALL USUAL PURPOSES THE STREETS, WAYS, BEACHES, RECREATION AREAS AND OTHER PUBLIC AREAS, AS SHOWN ON THE SAID PLAT, AND THE RIGHT IN COMMON WITH THE OTHER OWNERS OF LOTS IN THE SAID SUBDIVISION TO USE THE LAKE AND BEACHES FOR SWIMMING, FISHING AND BOATING IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE LAKE MOHAWK PROPERTY OWNERS ASSOCIATION, INC., OR ITS ASSIGNS.



THIS CONVEYANCE IS MADE SUBJECT TO THE FOLLOWING RESTRICTIONS, WHICH ARE EXPRESSLY EXCEPTED FROM THE COVENANTS OF WARRANTY HEREIN CONTAINED:



1) SAID LOTS SHALL BE USED EXCLUSIVELY FOR RESIDENTIAL PURPOSES EXCEPT THOSE LOTS THAT MAY BE DESIGNATED, SUBJECT TO TOWNSHIP RE-ZONING AND ZONED AS BUSINESS OR COMMERCIAL AREAS ON THE PLATS BY LAKE MOHAWK, INC.



2) NOT MORE THAN ONE SINGLE FAMILY DWELLING HOUSE MAY BE ERECTED OR CONSTRUCTED ON ANY ONE LOT, NOR MORE THAN ONE BUILDING FOR GARAGE OR STORAGE PURPOSES AND PROVIDED FURTHER THAT NO BUILDING OR STRUCTURE OF ANY KIND SHALL BE ERECTED PRIOR TO THE ERECTION OF A DWELLING HOUSE.  NO ACCESSORY OR TEMPORARY BUILDING SHALL BE USED OR OCCUPIED AS LIVING QUARTERS.  NO STRUCTURE SHALL HAVE TARPAPER, ROLL BRICK SIDING OR SIMILAR MATERIAL ON OUTSIDE WALLS.  NO HOUSE TRAILERS, TENTS, SHACKS, OR SIMILAR STRUCTURES SHALL BE ERECTED, MOVED TO OR PLACED UPON SAID PREMISES.  ALL BUILDINGS MUST BE COMPLETED WITHIN SIX (6) MONTHS FROM THE DATE THE CONSTRUCTION COMMENCES.



3) NO RESIDENCE LOCATED ON A WATERFRONT LOT SHALL HAVE LESS THAN 900 SQ FT OF LIVING SPACE ON THE GROUND FLOOR, OR FIRST FLOOR, EXCLUSIVE OF PORCH AREA.  ON ALL RESIDENTIAL LOTS OTHER THAN WATERFRONT LOTS, NO RESIDENCE SHALL HAVE LESS THAT 720 SQ FT OF LIVING SPACE ON THE GROUND FLOOR OR FIRST FLOOR, EXCLUSIVE OF PORCH AREA. ALL FOUNDATION AND STRUCTURAL PLANS FOR ANY BUILDING OR STRUCTURE ARE SUBJECT TO THE APPROVAL OF LAKE MOHAWK, INC., OR ITS ASSIGNS.  NO PORCH OR PROJECTION OF ANY BUILDING SHALL EXTEND NEARER THE THIRTY (30) FT FROM ANY ROAD RIGHT OF WAY, NOR NEARER THAN TEN (10) FT FROM THE PROPERTY LINE OF ANY ABUTTING PROPERTY OWNER, NOR WITHIN FIFTY (50) FT FROM THE NORMAL HIGH WATER LINE OF LAKE MOHAWK, EXCEPT AS SHOWN ON RECORDED PLATS.



4) NO OUTSIDE TOILETS SHALL BE ALLOWED.  NO WASTE SHALL BE PERMITTED TO ENTER INTO LAKE MOHAWK, AND ALL SANITARY ARRANGEMENTS MUST CONFORM WITH RECOMMENDATIONS OF THE BOARD OF HEALTH OF CARROLL COUNTY AND THE STATE OF OHIO AND/OR LAKE MOHAWK, INC., OR ITS ASSIGNS.  BEFORE ANY SEPTIC TANK OR ANY OTHER  WASTE DISPOSAL SYSTEM IS CONSTRUCTED, THE OWNER SHALL SECURE PLANS AND SPECIFICATIONS FROM THE COUNTY BOARD OF HEALTH OF THE STATE OF OHIO,AND CONSTRUCT SAID SYSTEM IN ACCORDANCE WITH SAID PLANS. NO DRAIN FIELD,OR OTHER DISPOSAL SYSTEM SHALL BE ALLOWED NEARER THAN SIXTY (60) FT FROM THE NORMAL HIGH WATER MARK OF LAKE MOHAWK.



5) NO NOXIOUS OR OFFENSIVE TRADE OR ACTIVITY SHALL BE PERMITTED ON ANY LOT, NOR SHALL ANYTHING BE DONE THEREON WHICH SHALL BECOME AN ANNOYANCE OR NUISANCE TO THE NEIGHBORHOOD.  NO ANIMALS OR FOWL SHALL BE KEPT OR MAINTAINED ON SAID LOT EXCEPT CUSTOMARY HOUSEHOLD PETS.  NO SIGNS OF ANY KIND SHALL BE DISPLAYED ON ANY LOT WITHOUT THE WRITTEN PERMISSION OF LAKE MOHAWK, INC., OR ITS SUCCESSORS OR ASSIGNS.



6) NO BOAT DOCKS, FLOATS OR OTHER STRUCTURES EXTENDING INTO THE LAKE SHALL BE CONSTRUCTED OR PLACED INTO OR ON SAID LAKE WITHOUT PRIOR WRITTEN APPROVAL OF LAKE MOHAWK, INC., IS SUCCESSORS OR ASSIGNS.  USE OF THE LAKE SHALL BE IN COMPLIANCE WITH THE RULES AND REGULATIONS OF THE LAKE MOHAWK PROPERTY OWNERS ASSOCIATION, INC.



7) LAKE MOHAWK, INC. FOR ITSELF, ITS SUCCESSORS AND LICENSEES RESERVE A TEN (10) FT WIDE EASEMENT ALONG ALL ROAD RIGHT-OF-WAY AND FIVE (5) FT WIDE EASEMENT ALONG THE SIDE AND REAR LINES OF EACH AND EVERY LOT FOR THE PURPOSE OF INSTALLING, OPERATING AND MAINTAINING UTILITY LINES AND MAINS THEREON, TOGETHER WITH THE RIGHT TO TRIM AND/OR CUT OR REMOVE ANY TREES AND/OR BRUSH AND THE RIGHT TO LOCATE GUY WIRE, BRACES AND OR ANCHORS WHEREVER NECESSARY FOR SAID INSTALLATIONS, OPERATIONS OR MAINTENANCE; TOGETHER WITH THE RIGHT TO INSTALL, OPERATE AND MAINTAIN GAS AND WATER MAINS AND OTHER SERVICES FOR THE CONVENIENCE OF THE PROPERTY OWNERS AND APPURTENANCES THERETO, SEWER LINES, CULVERTS, AND DRAINAGE DITCHES, RESERVING ALSO THE RIGHTS OF INGRESS AND EGRESS TO SUCH AREAS FOR ANY OF THE PURPOSES MENTIONED ABOVE.  EXCEPT WHERE AN OWNER OF TWO (2) OR MORE ADJOINING LOTS CONSTRUCTS A BUILDING WHICH SHALL CROSS OVER OR THROUGH A COMMON LOT LINE, SAID COMMON LOT LINE SHALL NOT BE SUBJECT TO THE AFOREMENTIONED FIVE (5) FT EASEMENT EXCEPT AS SHOWN ON THE RECORDED PLATS. ALSO EXCEPT THAT NO EASEMENT SHALL EXIST ON THAT PORTION OF ANY WATERFRONT LOT RUNNING ALONG OR ABUTTING THE SHORELINE OF LAKE MOHAWK, INC.,WHO FOR ITSELF, ITS SUCCESSORS, ASSIGNS AND LICENSEES ALSO RESERVE THE RIGHT TO CAUSE OR PERMIT DRAINAGE OF SURFACE WATER OVER AND/OR THROUGH SAID LOTS.  LAKE MOHAWK, INC., ITS SUCCESSORS OR ASSIGNS, RESERVES AN EASEMENT ON, OVER AND UNDER ALL ROAD RIGHTS-OF-WAY FOR THE PURPOSE OF INSTALLING, OPERATING, AND MAINTAINING   ABOVE MENTIONED UTILITIES AND DRAINAGE.  THE OWNERS OF SAID PROPERTY SHALL HAVE NO CAUSE OF ACTION AGAINST LAKE MOHAWK, INC., ITS SUCCESSORS, ASSIGNS, OR LICENSEES EITHER AT LAW OR IN EQUITY EXCEPTING IN CASE OF WILLFUL NEGLIGENCE, BY REASON OF ANY DAMAGES CAUSED SAID PROPERTY IN INSTALLING, OPERATING, REMOVING OR MAINTAINING ABOVE-MENTIONED INSTALLATIONS.



8) EACH PURCHASER IN LAKE MOHAWK SHALL BE SUBJECT TO AN ANNUAL CHARGE OF $20 WHICH PURCHASER AGREES TO PAY LAKE MOHAWK PROPERTY OWNERS ASSOCIATION, INC., ITS SUCCESSORS, AND ASSIGNS, ANNUALLY ON THE FIRST DAY OF MARCH COMMENCING IN THE SECOND YEAR FOLLOWING THE DATE OF THIS AGREEMENT, FOR THE MAINTENANCE AND UPKEEP OF THE VARIOUS AREAS RESERVED FOR THE USE OF THE PROPERTY OWNERS, IRRESPECTIVE OF WHETHER THE PRIVILEGES OF USING SAID AREAS ARE EXERCISED OR NOT. PURCHASER FURTHER AGREES THAT THE USE OF ANY OF THE ABOVE MENTIONED AREAS SHALL BE SUBJECT TO APPROVAL OF PURCHASER FOR MEMBERSHIP IN THE LAKE MOHAWK PROPERTY OWNERS ASSOCIATION, INC., AS HEREIN PROVIDED, AND TO COMPLY WITH ALL THE RULES AND REGULATIONS FROM TIME TO TIME PROMULGATED BY SAID ASSOCIATION.  PURCHASER FURTHER AGREES THAT THE CHARGES AS HEREIN SET FORTH, SHALL BE AND CONSTITUTE A DEBT WHICH MAY BE COLLECTED BY SUIT IN ANY COURT OF COMPETENT JURISDICTION, OR OTHERWISE; AND THAT UPON THE CONVEYANCE OF ANY PART OF THE LANDS, DESCRIBED HEREIN, THE GRANTEE THEREOF,AND EACH AND EVERY SUCCESSIVE OWNER AND/OR OWNERS SHALL FROM THE TIME OF ACQUIRING TITLE AND BY ACCEPTANCE OF SUCH TITLE BY DEED OR OTHERWISE BE HELD TO HAVE COVENANTED AND AGREED AS AFORESAID TO PAY LAKE MOHAWK PROPERTY OWNERS ASSOCIATION, INC., ITS SUCCESSORS AND ASSIGNS, ALL CHARGES, PAST AND/OR FUTURE, AS PROVIDED FOR IN, AND IN STRICT ACCORDANCE WITH, THE TERMS AND PROVISIONS HEREOF.



9) THE PURCHASER AGREES THAT AS A CONSIDERATION OF SALE, AND AS A CONDITION PRIOR TO THE INSTALLATION OF WATER MAINS ADJACENT TO THE LOT AS HEREIN DESCRIBED ON THE MAP OF LAKE MOHAWK, INC., WHICH SAID MAINS ARE TO BE LOCATED BY LAKE MOHAWK, INC., HEREIN AFTER REFERRED TO AS THE SELLER, OR ITS ASSIGNS, THAT THE UNDERSIGNED PURCHASER(S) JOINTLY AND SEVERALLY PROMISE TO PAY TO THE SELLER OR ORDER, A MINIMUM OF FOUR DOLLARS ($4) PER MONTH, PAYABLE ANNUALLY ON THE FIRST DAY OF APRIL EACH YEAR SO LONG AS WATER IS AVAILABLE FOR USE.  THE PAYMENTS ARE TO BE COMPUTED ON THE BASIS OF BEGINNING WITH WHICHEVER MONTH IMMEDIATELY FOLLOWS AVAILABILITY OF WATER SERVICE TO SAID PURCHASER, WHETHER OR NOT AN ACTUAL CONNECTION IS MADE BY THE PURCHASER TO THE MAINS.  THE SELLER, OR ITS ASSIGNS, UPON RECEIVING WRITTEN REQUEST FROM THE PURCHASER AND ONE HUNDRED AND NINETY FIVE DOLLARS ($195), WILL INSTALL A WATER CONNECTION FROM THE MAIN TO THE PURCHASER'S LOT LINE.  THESE CHARGES ARE SUBJECT TO CHANGE BY THE PUBLIC UTILITIES COMMISSION OF OHIO.  IT IS UNDERSTOOD AND AGREED THAT THE ABOVE MENTIONED CONSIDERATION, IF UNPAID, SHALL CONSTITUTE A LIEN ON OR AGAINST SAID LOT, TRACT OR PARCEL OF LAND, WHICH LIEN SHALL BE EQUAL TO AND SHALL PARTICIPATE JOINTLY WITH OTHER FIRST LIENS FOR CONSTRUCTION PURPOSES HEREAFTER PLACED ON SAID LAND, BUT INFERIOR TO THOSE IMPOSED FOR GOVERNMENTAL PURPOSES.  EXCEPTIONS AND FURTHER EXPLANATIONS PERTAINING TO CONDITIONS FOR WATER SERVICE HAVE BEEN RECORDED IN THE OFFICE OF THE RECORDER OF CARROLL COUNTY, OHIO AND ARE HEREBY INCORPORATED IN AND EXPRESSLY MADE PART OF THIS AGREEMENT BY REFERENCE.



10)THESE RESTRICTIONS SHALL BE CONSIDERED AS COVENANTS RUNNING WITH THE LAND, AND SHALL BIND THE PURCHASER(S), THEIR HEIRS, EXECUTORS, ADMINISTRATORS, AND ASSIGNS, AND IF SAID OWNERS, THEIR HEIRS,EXECUTORS, ADMINISTRATORS, SUCCESSORS, OR ASSIGNS, SHALL VIOLATE OR ATTEMPT TO VIOLATE, ANY OF THE COVENANTS OR RESTRICTIONS HEREIN CONTAINED, IT SHALL BE LAWFUL FOR ANY PERSON OR PERSONS OWNING ANY SUCH LOTS IN THE SUBDIVISION TO PROSECUTE ANY PROCEEDING AT LAW OR IN EQUITY AGAINST THE PERSON OR PERSONS VIOLATING OR ATTEMPTING TO VIOLATE ANY SUCH COVENANTS OR RESTRICTIONS AND EITHER TO PREVENT HIM OR THEM FROM SO DOING, OR TO RECOVER DAMAGES FOR SUCH VIOLATION.  ALL OF THE RESTRICTIONS, CONDITIONS, COVENANTS OR AGREEMENTS CONTAINED HEREIN SHALL CONTINUE UNTIL JANUARY 1, 1973.  THE SAME MAY BE THEREAFTER, AND FROM TIME TO TIME, CHANGED, ALTERED, AMENDED OR REVOKED IN WHOLE OR IN PART BY THE OWNERS OF THE LOTS IN THE SUBDIVISION WHENEVER, THE OWNERS OF AT LEAST TWO THIRDS OF THE SAID LOTS AGREE IN WRITING. PROVIDED, HOWEVER, THAT NO CHANGES SHALL BE MADE WHICH MIGHT VIOLATE THE PURPOSE SET FORTH IN RESTRICTION NUMBER ONE (#1).  ANY INVALIDATION OF ANY ONE OF THESE COVENANTS OR RESTRICTIONS SHALL IN NO WAY AFFECT ANY OTHER OF THE PROVISIONS THEREOF WHICH SHALL THEREAFTER REMAIN IN FULL FORCE AND EFFECT.

Lake Mohawk LMPOA Constitution - Download PDF

LAKE MOHAWK PROPERTY OWNERS ASSOCIATION, INC.

 

1 North Mohawk Drive * Lake Mohawk * Malvern, OH 44644

PHONES: Gate 330-863-0000 * Office 330-863-1031

 

 

RULES AND REGULATIONS (Revised APRIL 2013)

 

 

ARTICLE I:  MEMBERSHIP

1. New identification material shall be issued to each member in good

standing each year.  Any property owner or other person without current

identification issued by Lake Mohawk Property Owners Association will only be granted access to their property

2.  Association members in good standing and their immediate families are

entitled to use of the facilities of the Association.  This includes     guests of  those Association members. (See Constitution, Article 2)

3. Dues are payable March 1 of each year and are delinquent after April 1 in

accordance with the Constitution Article 13.

 

ARTICLE II:  GUESTS

1.  Each membership in good standing shall be issued four (4) guest passes each year.  Each guest pass shall admit two (2) adults and their

immediate family in one (1) vehicle to the Association property.  Any

guest using Association owned facilities must be accompanied by the

Property Owner (are in good Standing) or their immediate family member.

2.  Members shall be held responsible for the actions of their guests.

(Constitution, Article 8.2)

3. Guest admittance may be obtained as follows:

a. By guest pass.

b. By prior arrangement made at the gate by the property owner.

4.  Before a guest will be admitted, the guest must provide their name and the name of the property owner whom they are a guest of to the guard.  The guard will also write down the date, time of admittance and license number of the vehicle.

5. Property owners may pick up their guest passes at the gate for reissue

to guests.  Membership card identification may be required before the

gate guard releases guest passes to the possession of the property owner.

6.  Property owners who will have guests for longer periods than one day, but

not to exceed 30 days, may make special arrangements at the Lake Mohawk

Office.  Those houseguests shall be issued a temporary guest card in

place of a guest pass.  This card must be in the guest's possession

while on association property.  The card may be renewed at the

discretion of the Lake Manager.

7.  The use of Association facilities will be limited to a maximum of eight

(8) called/in guests per membership at any one time.  For members

requesting the reservation of any Association facility for more than

eight (8) guests, approval must be obtained by means of the proper form.

The forms are available at the Lake office and guardhouse, and must be submitted at least five (5) days prior to the event.

The maximum number of guests may be limited to twenty-five (25) on weekends or holidays.

8.  Property owners may obtain passes for their immediate family members,

defined as parents and children, at the Lake office.  These passes will

show the name of the holder.  Upon request, identification must be shown

to match the name on the pass. (Constitution, Article 2.6.)

9.  Property owners may obtain a special pass for a person other than what is

defined as immediate family. This special pass cannot exceed a period of one(1) year on a fiscal calendar date based the dues structure, and must be requested in writing and approved by the Board of Directors.

10.  Under the guidelines of the Lake Mohawk Constitution, paragraph 8.3,   Members in good standing and their Immediate Families shall have the right to allow guests to use the Association property and facilities; however, these guests must be accompanied by a Member in good standing and/or their Immediate Family. Any member found in violation of this rule will be issued a citation which will carry a minimum fine of $50 for the first offense and $100 minimum for second and subsequent offenses.

 

 

 

ARTICLE III:  WATERCRAFT

1. Registration:

a. a. Watercraft must be registered in the property owner's name only. Leased watercraft will only be accepted if leased by an authorized dealership or financial institution, and leased in the property owner’s name. No other watercraft will be allowed inside Association property.

b. Watercraft must be registered at the Lake office each year and

display the appropriate sticker next to the lot number on the left

aft side.

c. Watercraft must have the owner's master lot number displayed in 2"

letters on both sides of the aft of the watercraft.

d. Liability insurance must be maintained on all watercraft operated on

Lake Mohawk.

 

2. Rules for Watercraft:

a. Watercraft with recreational tow must stay 80' from shore, or 70’ from all defined swimming areas of LMPOA, all docks, sailboats, non-power watercraft and stationary watercraft in open water.

b. Operating a watercraft while under the influence of alcohol is

prohibited and punishable by State Law.

c. Reckless or dangerous operation of a watercraft is prohibited.  Speed

must be governed by the prevailing conditions.

d. All sailboats and non-powered watercraft have right of way over all

other motorized watercraft under power.

e. Watercraft with recreational tow(s) have right of way over all other

craft under power.

f. All watercraft shall have life preservers for each person on board.

Children under 10 years of age must wear life preservers while in the

watercraft.

g. All powered watercraft shall have a fire extinguisher on board.

h. All watercraft must display and use running lights after Security

lights come on and/or when the Lake Patrol siren is sounded.

i. Watercraft must display lights while fishing between dusk and dawn.

j. Counterclockwise flow of traffic shall be maintained in all areas.

k. Watercraft in tow must carry a qualified observer, minimum age of 12

years old, other than the operator.

l. Water-skiers must wear Ohio State Approved life preservers. Ski belts

are not permitted.

m. No water-skiing is permitted between dusk and dawn.

n. Speed in all areas after dusk is six (6) miles per hour.

o. No Parasailing/kiting is permitted on Lake Mohawk.

p. No unoccupied watercraft shall be moored more than thirty (30) feet

from the shore.

q. Pontoon boats under power must have all passengers behind railings.

r. Any watercraft or other device, including jet skis and wet bikes,

under power and within eighty (80) feet from shore, may not exceed six

(6) miles per hour or a wake condition.

s. Jet ski, water bike, or any other motorized water vehicle must obey

all rules of boating.

t. In addition to the above rules, all watercraft laws adopted by the

State of Ohio must be obeyed.

 

 

3. Penalties for Watercraft Violations:

a. A violation shall be defined as the infraction of any of the rules

set forth in Article III.

b. Any person authorized to operate the patrol boat has the authority to

issue citations for violations.

c. The nature of a violation shall determine the degree of penalty.

d. The right to appear before the Board of Review on any citation is

extended to any alleged violator.

e. Appeal of a Board of Review decision may be made to the Board of

Directors.

f. The Board of Directors has the final decision over each citation

issued.

 

ARTICLE IV:  SWIMMING AREAS

1. Association Beaches:

a. Swimming is restricted to inside the marked areas. Swimming from

Association property is restricted to the East, West and South

beaches.

b. No running, dunking or throwing of sand is permitted.

c. Every child under ten (10) yrs of age must be supervised by a

parentally approved person of at least fourteen (14) years of age, at

Association beaches.

d. No cans, bottles, alcoholic beverages or picnic tables are allowed on

the sandy area of the beaches. No pets allowed on any area of the

beaches.

e. No hanging on barrels, markers or umbrellas is allowed.

f. No boisterous behavior and/or profanity is permitted.

g. No fires are permitted on Association beaches other than in the

authorized areas.

h. Lifeguards have the right to set limitations on all swimmers.

i. Lifeguard orders must be obeyed.  When a lifeguard blows three blasts

on the whistle everyone must leave the water.

j. The Association shall not be responsible for any accident or injury

sustained while on the beaches or in the water, or for any loss of

clothing or personal valuables.

k. No flotation device is permitted at beach areas other than Coast Guard

approved safety equipment.

 

2. Floats:

a. No pushing, diving, running or tag games will be allowed on

platforms.

b. No swimming is permitted under platforms.

 

3. Swimming from Shore:

a. No swimming will be permitted more than thirty-five (35) feet from

shore.

 

4. Swimming from Watercraft:

a. Swimming from watercraft is prohibited at all times.

 

5. Violations of Swimming Rules:

a. A violation shall be defined as the infraction of any of the above

rules.

b. The nature of the violation of Sections 1 or 2 will determine the

penalty imposed by the life guard in charge. The penalty may be

anything from a warning to suspension from the beaches.

c. Violations of sections 3 and 4 may be enforced by the Lake and

Security Patrol.

 

 

ARTICLE V:  ASSOCIATION PICNIC AREAS:

1.  All fires must be completely extinguished before leaving the area.

1. All litter must be placed in available trash containers.
2. Bottles and glass containers are not permitted on any of the clubhouse / main beach grounds.

4. All garbage shall be wrapped and carefully placed in trash containers

available at docking and picnic areas.

5. No residential trash may be placed in association containers.

6. Noise, music and conversation shall be kept at a reasonable level so

others will not be disturbed.

 

ARTICLE VI:  TENNIS COURTS:

1. There are two sign up sheets at the courts.

a. The one inside the box is for the present week.

b. The sheet on the outside is the one you sign up for the following

week.

1. Only property owners may sign for reservation.
2. Athletic shoes only on courts.
3. No bicycles, skateboards, rollerblades, etc. are permitted on the courts.
4. No food or drinks allowed on the courts.

6.  If you want to be guaranteed a specific time and/or day, please make

reservations.  If the courts are open and there are no reservations

posted, playing is first come, first served for property owners. If

there are people waiting, be considerate of the one hour limit.

 

ARTICLE VII:  RENTALS:

1. Members desiring to rent their homes must obtain approval of their

prospective tenants from the Board of Directors.

(Constitution Articles 2 & 3.)

2. A mandatory Associate Membership is required for all renters. The

Associate Membership fee will be established by the Board of Directors.

Such membership shall be subject to all rules and regulations of the

Association.  Associate members do not have voting rights.  The

application for such membership shall be handled in the same manner as

full membership.

 

ARTICLE VIII:  BUILDING CONSTRUCTION:

1. Application and permits must be obtained from the Lake office before any

construction can be started.

2.  See the Building and Property Maintenance Codes for additional guidelines.

 

ARTICLE IX:  MOTOR VEHICLE STICKERS:

1. To obtain motor vehicle stickers, the vehicle registration must be

presented at, or a copy may be mailed to the Lake office.

a. Members in good standing may apply for stickers for vehicles

registered in their name.

b. Stickers may be issued on a car leased for the personal use of a

member.

c. Any member of the Property Owner’s family, living at home, may obtain a

sticker for a vehicle registered in their name upon signed application

by the Association member.

d. Vehicle Stickers must be affixed to the lower left corner of the  windshield.

 

ARTICLE X:  OPERATING MOTOR VEHICLES ON ASSOCIATION PROPERTY: Definitions:

1. Motor Vehicle - Any vehicle powered by any type of power other than foot

power, i.e., cars, buses, ATV’s, three-wheelers, mopeds, motorcycles,

snowmobiles, motorized scooters, etc.

2. Association Property - Any area within the borders of Lake Mohawk that

is not private property.

3. Right of Way - The right of a motorist to proceed uninterruptedly in a

lawful manner in the direction of travel referenced to another vehicle

approaching from a different direction into that path of travel.

4. Other definitions are found in the relevant division.

 

SECTION 1001: DRIVING UPON THE RIGHT SIDE OF THE ROAD

A. Any person operating a motor vehicle must drive on the right side of the

road and shall not cross the center of the roadway whether the road is

marked or not.

B. Vehicles must be driven on the right side of the road unless otherwise

directed by the Lake Mohawk Security Patrol.  A vehicle may use the left

lane to pass an obstruction.  All vehicles passing such an obstruction

shall yield the right of way to all vehicles traveling in the opposite

direction upon the unobstructed portion of the road.

 

SECTION 1002: SPEED

A. No person shall operate a motor vehicle on the roads of Lake Mohawk at

a speed greater or less than is reasonable under present conditions.

B. No person shall operate a motor vehicle at any speed at which the

vehicle cannot be stopped within an assured clear distance ahead.

C. No person shall operate a motor vehicle at a speed greater than

twenty- five (25) mph on any road within the boundaries of Lake Mohawk.

D. It shall be unlawful to exceed ten (10) mph when passing a stranded

vehicle in the roadway or a school bus if directed around such vehicle

or bus by the Lake Mohawk Security Patrol or the bus driver.

E. It shall be unlawful to enter any of the beach parking areas at a speed

greater than five (5) mph.

 

SECTION 1003: STOPPING, YIELDING, RIGHT OF WAY

A. Any person operating a motor vehicle must stop when directed by a stop

sign, a signal light, a Lake Mohawk Security Officer or a person

protecting a work party.

B. No person shall operate a motor vehicle so as to willfully flee or elude

the Lake Mohawk Security Patrol (or local authorities) after receiving a

direction by the Officer to stop.

C. Any person operating a motor vehicle shall stop when directed by the

Lake Gate Guard and must remain stopped until the guard advises

otherwise.

D. Any person operating a motor vehicle upon meeting or overtaking from

either direction a school bus shall stop at least ten (10) feet from the

front or rear of the school bus and remain stopped until such school bus

resumes motion or until directed otherwise by the Lake Mohawk Security

Patrol or the bus driver.

E. The driver of a motor vehicle intending to turn left at an intersection

or into a private drive shall yield the right of way to any vehicle

approaching from the opposite direction.

F. The driver of a motor vehicle approaching a yield sign shall yield the

right of way to all other vehicles that have the right of way.

G. The driver of a motor vehicle approaching an unmarked intersection must

yield the right of way to a vehicle approaching from the right.

 

SECTION 1004: EMERGENCY VEHICLES

A. Defined:  An emergency vehicle is any vehicle identified as such

required by law, public or private.

B. Right of way of emergency vehicle:  Upon the approach of an emergency

Vehicle, the driver of every other vehicle shall yield the right of way.

Immediately drive to a position parallel and as close as possible to

the right edge of the road, stop and remain in such position until

the emergency vehicle has passed or until directed otherwise by the Lake

Mohawk Security Patrol and/or local authorities.

 

SECTION 1005: PARKING

A. It shall be unlawful to park on the roadway or any part of the traveled

portion of said road.

B. It shall be unlawful to leave any vehicle, trailer and/or watercraft

parked at the Marina or any of the beach or lake access areas for more

than a twenty-four (24) hour period.

C. It shall be unlawful to park any watercraft, mobile home, trailer,

camper and like along the berm of the road for more than a twenty-four

(24) hour period.

D. No parking is permitted in front of any private drive so as to prevent

access thereto.

E. No parking is permitted within twenty (20) feet of a fire hydrant,

intersection or traffic control sign.

F. No parking is permitted so as to create a traffic hazard.

G. All vehicles parked within the boundaries of Lake Mohawk must be

properly licensed.

 

SECTION 1006: OPERATORS LICENSE AND PERMITS

A. Any person operating a motor vehicle on LMPOA property must be a

properly licensed driver of this state or another state.

B. No person shall operate a motor vehicle within the boundaries of Lake

Mohawk while their operator's license is suspended by this state or

another state.

C. No person shall operate a motor vehicle without the proper license

plates or registration as required by this state or another state.

 

SECTION 1007: RECKLESS OPERATION

A. No person shall operate a motor vehicle on public or private property or

roads within the boundaries of Lake Mohawk without due regard for the

safety of persons or property.

 

SECTION 1008:DRAG RACING

A. Defined: The operation of two or more vehicles from a point side by side

at accelerating speeds in a competitive attempt to out distance each

other.

B. No person shall participate in a drag race as defined in paragraph A of

this section within the boundaries of Lake Mohawk.

 

 

SECTION 1009: ACCIDENTS

A. Any person operating a motor vehicle involved in an accident with

persons or property within the boundaries of Lake Mohawk shall stop and

remain stopped at the scene:

1. Until they have given their full name and address and the vehicle's

registration number and if they are not the owner of the vehicle, the

name and address of the owner, to anyone involved in the

accident,(or)

2. Remain until Lake Mohawk Security Patrol directs otherwise.

B. If any person operating a motor vehicle collides with an unattended

vehicle they shall securely attach the information as required in

Paragraph A of this section to the other vehicle.

C. If any person operating a motor vehicle collides with property, public

or private, they shall remain there or if this is impractical, they

shall leave the scene only to notify the Gate Guard and/or the Lake

Mohawk Security Patrol.

 

 

SECTION 1010:DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS

A. No person who is under the influence of alcohol and/or drugs shall

operate a motor vehicle within the boundaries of Lake Mohawk.

1. Operate: To operate includes any act or succession of acts performed

which causes or may cause the vehicle to be set in motion, such as

causing the vehicle to start, stop, park, turn, accelerate, putting

the vehicle in gear or backing, whether or not the vehicle engine is

running.

2. Under the Influence:  Under the influence of alcohol means that the

person consumed some alcohol, whether mild or potent, in such

quantity, whether great or small, that it adversely affected and

appreciably impaired the person's actions, reactions, or mental

process under the circumstances then existing and deprived them of

that clearness of intellect and control which they would otherwise

have possessed.  The question is not how much alcohol would affect

the ordinary person.  The question is what effect did any alcohol

consumed by the person had on them at the time and place involved.

If the consumption of alcohol so affected the nervous system, brain

or muscles of the operator as to impair to an appreciable degree

their ability to operate the vehicle, then the person was under the

influence of alcohol. The Laws of the State of Ohio will apply.

 

SECTION 1011: TRAFFIC LAWS

A. All Ohio traffic laws that are currently in the Ohio Revised Code and

any revisions are considered as part of Lake Mohawk Property Owner's

Rules and Regulations.

B. All traffic regulations will be enforced by the Lake Mohawk

Security.

C. All criminal or civil matters will be handled according to law, within

the proper court jurisdiction.

 

ARTICLE XI: MISCELLANEOUS:

 

1. Sale of Property:

a. Anyone selling property within the Lake Mohawk Subdivision shall

notify the prospective buyer to make application for membership with

the Lake Mohawk Property Owners Association and attend an Association

orientation before the completion of the sale.

b. Before an applicant may be approved for membership, all dues, fines

and/or assessments accrued against the property shall be paid.

 

2. Firearms:

a. No firearms may be discharged within the Lake Mohawk Subdivision

unless authorized by the Board of Directors.

 

3. Hunting and/or Trapping:

a. Hunting or trapping of any type is not permitted within the Lake

Mohawk Subdivision unless authorized by the Board of Directors.

 

4. Fishing:

a. No fish will be removed from the waters of Lake Mohawk except by

means of rod and reel, pole line or hand line.  Netting, trot lines

and gigging are prohibited.

b. Size and number of fish allowed are posted at fishing areas or a list

may be obtained from the Lake Mohawk office or Guardhouse.

 

5. Fires:

a. No uncontained fires shall be left burning without supervision.  EPA

and/or applicable state and/or local burning laws shall be in effect.

 

6. Camping:

a. No camping is allowed on any private lot or Association property.

The occupancy of any private lot or Association property overnight is

prohibited except in a dwelling with properly installed and approved

sanitary facilities.

 

7. Sanitary Facilities:

• 1. Toilet facilities shall be permitted on any lot prior to the

construction of an approved dwelling, however must be located outside the normal view of the property.

 

8. Nuisances:

a. Property owners will be responsible for any violation of the Warranty

Deed Restrictions.

b. All residents, year round and summer, must provide for their own

garbage removal service. Use of Association receptacles for household

garbage is prohibitted.

 

9. Fireworks:

a. The discharging of fireworks on Association property, without State

and Carroll County permits and the permission of the LMPOA Board of

Directors, is strictly prohibited.

 

10. Recreational Vehicles:

a. All recreational vehicles must be registered in the property owner's

name only, and must be registered at the Lake office each year and

display the appropriate sticker.

b. Liability insurance must be maintained for all recreational vehicles.

c. At no time may a guest bring an R.V. onto Association property,

unless it is used as legal transportation.

 

11. Curfews:

a. Curfews on the use of Association property may be established by the

Board of Directors as needed.

b. An 11 pm to 6 am curfew exists for those under the age of eighteen

(18) yrs of age on Association property.

 

12. Dogs:

a. All dogs must be on a leash and under control of the handler when off

their owner's property.

• 1. All dogs must be under the control of the handler when on the owner’s property. This includes excessive noise from barking.
  2. All owner’s are responsible for picking up their pet’s waste when off the owner’s property.

 

13. Liability:

a. The Lake Mohawk Property Owners Association, Inc. will not be held

responsible for any injury and/or property loss sustained by anyone

using Association property and/or facilities.

 

14. Unsightly Objects:

a. Any unsightly objects, such as building materials, unstacked wood,

parts of trailers, boats, equipment or inoperable vehicles that are

left for thirty (30) days must be removed.

b. All guidelines of the Property Maintenance Code must be followed.

 

15. Placing or Dumping of Debris:

a. The placing or dumping of leaves, grass clippings and/or other debris

in ditches, water or any property owned by LMPOA is prohibited.

b. Snow Removal: At no time allow, conduct or contract snow to be pushed, plowed, snow blown or shoveled from your property back into the roadway.

 

16. Use of Smith Gate on Lace Road and/or Keno Road Gate:

a. Property owners, except those designated for specific Lake Mohawk

business and Emergency uses, shall be required to lease a Lake Mohawk

issued transmitter if they desire to use the Smith Gate and/or Keno

gate.

Rental fees and security deposits shall be established by the Lake

Mohawk Board of Directors.

b. All leased transmitters shall be renewed and programmed at the Lake

Mohawk office each October 1st through October 31st of each year

leased.  No unstickered vehicle may enter Lake Mohawk by use of the

Lace Road Gate and/or Keno Road Gate without permission of the Lake

Mohawk Board of Directors, the Lake Manager or Lake Security.

 

17. LMPOA Storage Lot:

a. Nothing may be placed in the LMPOA storage lot without first having

the item registered at the Lake Office and leasing a storage space. If

so assigned, storage must be in the property owner's designated area.

b. All items stored must adhere to the provisions of the Storage Area

Lease Agreement.

 

18. Non-Licensed Motor Vehicles at LMPOA

a. In addition to those Ohio laws governing them, all owners of ATV's,

scooters, snowmobiles, golf-carts, go-carts, dirt bikes and all other

land operated motor vehicles at LMPOA shall purchase and have

appropriately attached the prescribed LMPOA license plate for

identification and security purposes.

 

19. Noise Disturbances

a. No person shall create such noise so as to create a continued and

substantial annoyance within the LMPOA.  This includes, but is not

limited to; loud voices, music, mechanical equipment and unmuffled

vehicle or equipment exhaust. LMPOA designated quiet hours are from

10PM – 6AM Sunday – Thursday, 11PM – 6AM Friday, Saturday and Holidays.

 

 

 

ARTICLE XII:  DOCKING

 

• 1. This program only applies to Association owned docks. Lakefront property owners are not eligible.

 

• 1. All docks on Association Property will be assigned numbers.  These numbers will be displayed on each dock and will be recorded at the LMPOA Office on a map reflecting where each dock is located. Each numbered dock will have an "A" slip and a "B" slip (Example: Dock 1A & 1B, 2A & 2B) or numbered sequentially.

 

• 1. All docks on Association Property must be registered.  Association Docks will be registered by signing an annual lease agreement, submitting the Annual Dock rent of $100.00 per slip and the one time $250.00 initiation fee per slip.  Docking fees will be billed annually.  The rights to a dock will be non-transferable. In the event the property owner is no longer a member of LMPOA, fails to pay the annual docking fee or any annual dues by the stated deadline, the control of slip(s) will revert to LMPOA.

 

Note:  Only New Dock Slip Owners will be required to pay initiation fees.

 

• 1. Any property owner that has not paid their annual dues, any

assessments, fines or docking fees on or before the time they are due, will relinquish all rights to slip(s) and must remove lift(s) within 15 days of notification. Failure to do so, will result in the lift(s) being removed by LMPOA and billed to the property owner accordingly. Once a property owner pays all back dues, assessments, fines and fees, and not sooner, they can place their name on the waiting list for a future slip.

 

• 1. A separate account will be maintained for all docking receipts and expenditures.

 

• 1. Individuals wishing to enter specific areas where no docking space is available, will be placed on a waiting list. These lists will be renewed each year. Anyone wanting to maintain their position on these lists must return the request for docking provided with the dues packet on or before April 1st. Failure to return this information will result in removal from the docking lists and moving those property owners listed for lesser years upward on the list.

 

• 1. Boat lifts without canopies can be used in slips with prior approval of the office. Boat lift canopies must have the approval of the Board (7/2009). All boat lifts and/or canopies must be maintained in good condition by the property owner. If lifts and/or canopies are not maintained in good condition, the LMPOA has the right to request that the lift be removed at the Board of Director’s discretion. Failure to comply with the Board’s request within 15 days will result in the LMPOA taking ownership of the slip (property owner losing the slip), removing the lift and billing the property owner accordingly.

 

• 1. Due to various reasons, boatlifts are not permitted in some docking areas. Remember, you have permission prior to installing a boatlift at an Association owned dock.

 

• 1. The quantity of slips registered to a property owner will be based on the number of master lots that the property owner owns that are not tied together. For every master lot that is owned and the full annual dues paid, one slip can be assigned. Based on slip availability, the multiple master lot owner will have to put their name on the waiting list. Each slip will be required to pay an annual lease fee and a boat sticker fee.

 

10. If a property owner is assigned a dock and does not own a boat at that time, they still will be required to purchase a boat sticker. No property owner may hold a dock without registering a watercraft for more than three years.

 

11. Any property owner that currently is registered for more than one slip and does not own multiple master lots will be grandfathered until they do not remain in good standing within the LMPOA, or they are no longer owners of property.

 

12. When a slip is registered to a particular lot and the ownership of the lot changes, the lease agreement becomes void and the slip reverts back to LMPOA. The slip is non-transferable. No Association owned docking can be sold, leased or transferred to the new property owner or any other owner by anyone other than the LMPOA.

 

• 1. No more than one watercraft is permitted per assigned docking slip without prior approval of the Board of Directors.

 

• 1. Watercraft in excess of eight feet wide and twenty-eight feet long will not be permitted in LMPOA slips.

 

• 1. The use of carpet or tires attached to an Association dock is not permitted. If removed by the LMPOA, the cost of disposal will be billed to the property owner.

 

Any violation of these docking rules and regulations will result in a fine of $50.00 to $200.00 and loss of slip.

 

 

ARTICLE XIII:  SIGN POLICY

 

• 1. The following signs are permitted without restriction:

 

• 1. Signs identifying the name of the property owner(s).
  2. Lot Number Signs – all property owners are required to display the lot number using the standard green sign with reflective numbers. Lot sign must be located along the roadway and position to be easily visible when approaching from either direction. Additionally, all waterfront property owners are required to display the lot number on the end of their dock in a visible location.
  3. Signs posted by LMPOA for Association purposes.

 

• 1. The following signs may be allowed with restrictions:

 

• 1. Signs that reflect home sales, open house, for sale by owner and for lease may be displayed from 6PM Friday until 12PM Monday only. The exception is for three day holiday weekends, which would move the start or end time forward or backward one day corresponding with the federal holiday. Signs posted on a deck or in a window of a home are not to exceed 30”x30” in size.
  2. Signs for private party directions may be displayed 24 hours in advance of the party and must be removed within 24 hours after the party. Lot numbers must be included on these signs.
  3. A home security sign may be placed by the house or garage.
  4. Political signs, not larger than 3ft X 2ft, can be placed on the property not sooner than three weeks prior to the election. No more than one sign per candidate and/or issue is permitted by any property owner. Signs must be removed the day after election day.
  5. Auction signs may be displayed on the day of the auction only.
  6. Yard sale and garage sale signs may be placed on the day of the event, and must be removed within 24 hours. Lot numbers must be included on these signs.
  7. Decorative landscape signs (i.e. welcome signs) are permitted.

 

 

 

• 1. The following signs will not be permitted:

• 1. Construction company signs
  2. Personal Business signs
  3. All other signs not listed without the approval of the Board of Directors.