? Can I erect a partition on the property line into the water to keep the bow of the boat next door from protruding under the back of my boathouse? ...
You technically own the water bottoms out to 1/2 way across the canal. However, you cannot build a deck past 12' or 10' into the canal depending on what source you go by. No structures other than fencing / decking is allowed in the 5' offset from the property line. You must retain clear access to the required 5' side yard - no sheds etc.
There are cases where you need to create that partition. One would be the situation where you have a pool and it is possible to walk from a neighbors dock to yours. The law requires yards with pools to be fenced so you would have to either build a fence to secure your yard or fence off the pool itself.
I am not the authority but the parish may have some input. If it were me I would probably build the fence you want but not out more than 10'.
As a resident of Eden Isles I feel the duty to give my feedback regarding security issues.
While I have no objection to garage sales "Neighbor to Neighbor" within Eden Isles I have real concerns with advertising garage sales or other neighborhood events outside of our immediate area.
Eden Isles, Moonraker & Clipper Estates were created and zoned for single family private homes. Encouraging non residents to visit our neighborhood without regard violates our right to privacy and exposes us to significant security risks. Many who use a realtor in marketing one's home also do so in the name of security.
For security reasons many fine neighborhoods have gates to deter outsiders. Less secure neighborhoods have lower property values and higher crime. Since our streets were dedicated to the parish, Eden Isles cannot install gates.
It is important that those not familiar with the metro area realize we are only 15 minutes from one of the most dangerous and crime ridden cities in the country.
Security and opening up the neighborhood to unknown visitors "in mass" simply do not go together. When you are not expecting it or when evacuating for storms some of those "visitors" will be coming for our things simply because they have already been exposed to what we have.
I would encourage homeowners to demand that people running for HOA boards commit to keeping our homes private, recognize known security risks, and in general commit to the expectations of safety, security & preserving the integrity of our neighborhood.
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Covenant questions seem to come up regularly especially with new residents and the advent of "http://www.nextdoor.com". Below is a little research on the matter.
A primer on the Eden Isles Covenants (reservations, restrictions & conditions)
The Eden Isles HOA owns no property in the subdivision, is not part of the covenants and not part of your deed restrictions. This is why Moonraker and Clipper Estates (collectively just as large as what is traditionally thought of as Eden Isles) do not support entrance maintenance costs even though their access is via Eden Isles Dr. Eden Isles Dr. & it's median are public property and the responsibility of the parish! The utilities, water, sewerage and electricity for the whole area (Clipper & Moonraker included) are contained within this public area, yet the Eden Isles HOA has taken it upon themselves to cut the grass on this public thoroughfare. see ... http://stpao.org/check-your-assessment/ (lists property ownership - the E.I.H.O.A. does not own any property)
The Eden Isles HOA can neither govern anything nor enforce the covenants except as a designated volunteer representative of a named complainant. Contrary to the assumption of many, the Eden Isles HOA is in name only and is actually a neighborhood civic association. The parish has mostly turned a blind eye to the HOA's activities on non-owned public property such as entry way signage and beautification. Since parish officials are elected and rotate from term to term it is quite possible they too do not always know the difference. see ... https://en.wikipedia.org/wiki/Neighborhood_association (gives legal definition of Civic Association versus HOA)
Our subdivision was designed by the developer and zoned by the parish as single family private homes. The general assumption is that no home based business or other activity is allowed that would result in an unusual number of packages delivered, attract an unusual number of vehicles, cause a disproportionate number of non residents to come onto the property or otherwise disturb the privacy associated with single family home ownership.
At this time the HOA has about a 20% membership, therefore it does not represent the overwhelming majority of homeowners. This, in part, may be due to its disregard for private home ownership. It throws public events including inviting, in mass, the public from outside of the area to HOA sponsored and promoted garage sales. It also holds HOA sponsored public events on non-owned grounds within the neighborhood. This is not only an unwarranted intrusion into homeowner privacy but puts homeowners at risk. Most homeowners understand that. In fact, many quality subdivisions are gated to enforce the privacy of single family home ownership!
To get a handle on what the HOA is and is not, a real study of the covenants are in order. The covenants (reservations, restrictions & conditions) are part of everyone's legally binding property deed as recorded in the St. Tammany Parish Courthouse. Read them over & over until you really understand them! In reality the HOA has become nothing more than a social club who's mission should be concentrating on representing the best interests of the Eden Isles residents before their elected officials along with preserving the safety, security and integrity of the neighborhood. (note, advertising garage sales and other events in mass to residents outside of our immediate area is a security & safety hazard) see ... http://www.datakik.com/eihoa/Documents/Covenants/covenant%20research.htm
Now let's talk about the "by-laws" of the HOA which some have confused as having some sort of power. The by-laws have absolutely no effect on the vast majority of homeowners. They simply govern the HOA itself and mostly apply to it's board of directors. So what comprises the HOA? It is the members and that's it. Think about what would happen if the HOA were sued - are you insured? see ... http://www.datakik.com/eihoa/Documents/2008%20By-Laws_Formatted%20Final.pdf
As defined in the covenants, the real teeth of governing the neighborhood was in the hands of the Architectural Committee, a legally formed entity not connected with the HOA. The Architectural Committee, as outlined in the covenants, is to hold annual elections in order to be a valid entity. Following Hurricane Katrina the Architectural Committee was allowed to collapse and the State of Louisiana formally terminated it as a legal entity. The current HOA often refers to the "Architectural Committee" but whatever they think they are referring to does not exist as a legal entity and therefore not capable of legally enforcing anything. Despite the collapse of the Architectural Committee the Covenants endure, it's just that the HOA is not the enforcement mechanism. see ... https://coraweb.sos.la.gov/CommercialSearch/CommercialSearchDetails.aspx?CharterID=464646_D9FA371342
Additional historical information on the formation & makeup of Eden Isles and the why of just about everything is still available on the archived "legacy" website stored at - http://www.eiohforum.com Simply click on "Eden Isles".
Note, this post is printable in .pdf format by way of the attachment.
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