Skip to main content

Water rights for lakefront property owners

We own lakefront property on a private lake. We joined the lake association prior to moving in and paid annual dues for several years. Personal circumstances three years ago caused us to lapse in paying our annual dues, and we were subsequenty informed by the association that our membership had been terminated. Included in that letter was a "Certification" stating that "the owners thereof or their successors in interest, are no longer entitled to the privileges and appurtenances of membership in (the association) including but not limited to any and all access and water rights in and to (the lake) and/or any other property owned and controlled by (the association) in accordance with the Bylaws of (the association) and the failure of the member owners to pay dues as required." We were also informed that were we to put our property up for sale, the association would "vigorously oppose any marketing of this property as having water rights". We own deeded waterfront which raises the assessed value of our property and subsequently our property tax. It was my understanding that membership in the lake association was voluntary. Does the association have the right to tell me I cannot go swimming or put a kayak in the water, and that by doing so I would be guilty of trespassing? Is any lake association in Massachusetts allowed to hold that kind of power over a property owner?

Talk to a Lawyer Today
Find a Real Estate Attorney in your County
Most offer FREE Consultations