|Declaration of Conditions||150 Lot Program||150 Lot Notary Form|
As of April 2, 2019, there are 162 members participating in the 150 lot project. We thank those that signed up and we encourage more members to join. It is encouraging to note that the last few participants are new property owners. It seems that these owners have bought in the Acres in large part because of the amenities available to members and wish to see them preserved. The more members we have the stronger our association will be now and in the future. The history and rationale of the 150-lot project is available on the AAPOA website along with the requisite forms under the heading “Governance”. Participation assures all members that the amenities and members’ rights will be protected. If you have any questions, you can email the president at firstname.lastname@example.org. We thank those of you who have placed your trust in the AAPOA. Together we can keep our association strong and be able to focus on maintaining the beauty of the Acres.
The Declaration of Conditions (located on this page) stipulates what you are agreeing to and we encourage you to read it before signing-up for the program. A copy will be mailed to you after we receive your letter of intent.
To include your property in the 150 Lot Program follow these steps:
Complete the form “150 LOTS PROGRAM” located on this webpage which outlines which lots/homes you wish to include. Please list all your Acres properties as the more the better to reach our goal.
- Complete the notary form that is on this page. We will get the lot numbers and deed information from your local address. Complete just one notary form regardless of how many lots you are including.
- Have the form notarized
- Mail the notarized form to AAPOA, Box 8, AuSable Forks, NY, 12912.
THE AAPOA WILL FILE THE NOTARIZED FORM AND NECESSARY DOCUMENTS IN THE COUNT CLERK’S OFFICE IN ELIZABETHTOWN AND YOUR DEED WILL BE AMENDED, AT NO COST TO YOU.
HISTORY Several years ago JLKN purchased several thousand acres surrounding AuSable Acres. They acquired all the land that had not been previously subdivided by the Eaton family when they first began selling property in the Acres in 1963. JLKN’s holdings run along Cross St, parts of Sawmill Drive, parts of AuSable Drive and part of the area known as the Cascades. There are other parcels, as well, but these are the largest. It is conceivable that JLKN would subdivide the property and sell building lots in the future. This is the reason for the 150 lot project. A short history follows as well as the steps that you can take to insure the existence of the AAPOA and its amenities permanently.
HOW DID THE AGREEMENT WITH JLKN HAPPEN? When John McAlevey, our attorney and board member, realized that the Eaton family was going to sell their remaining holdings in AuSable Acres he was concerned about maintaining our right to use the amenities that were promised to AAPOA members at the time they bought property. He solicited original owners and asked them to sign Quit Claim Deeds to ensure our permanent rights to use the trails, lake and river accesses as promised. This successfully clouded JLKN’s title and they sued the AAPOA. Negotiations between JLKN and the AAPOA resulted in the AAPOA ensuring its rights to the amenities mentioned above. The 150 lot agreement is also part of the agreement.
WHAT IS THE 150 LOT AGREEMENT? This agreement is part of the agreement between JLKN and the AAPOA. It states “The parties agree that they will enter into a restrictive covenant that will require all future lot owners of Grantor (JLKN) to become members of the Grantee (AAPOA) once at least 150 current lot owners have executed and recorded the agreement attached as schedule 1.” This means that if our association gets 150 lots registered in Elizabethtown by the time JLKN starts to subdivide, anyone they sell property to would have to be dues paying members of the AAPOA.
WHY IS THIS IMPORTANT? JLKN has the potential to sell hundreds of lots. The new lot owners would have full access to the amenities that we are bound to maintain by the agreement. The 150 lot project also guarantees the future solvency of the AAPOA. It is also important to realize if at least 150 lots don’t participate in this program, the new owners could start another association in the Acres.
HOW AM I AFFECTED IF I BECOME PART OF THIS? If 150 lots sign up, you then would be agreeing to be an AAPOA member for as long as you own your property and if you sell, your purchasers are mandatory members, too. The agreement does not go into effect if 150 lots aren’t signed up. It’s also important to know that this program does not change the Covenants and Restrictions, which already bind all AuSable Acres home and land owners.