LOWPOA Meeting Minutes July 12, 2025

GENERAL MEMBERSHIP MEETING

1. 2. 3. The Lake of the Woods Property Owners Association met on Saturday, July 12, 2025 at the Bremen Conservation Club

community center building. Mike Nate called the meeting to order at 9:00 am. This was followed by the Pledge of

Allegiance

Board of Directors Roll Call:

A. Present: Julie Boynton, Elaine Keller, Deb Lane, Mike Nate, Joe Skelton. ABSENT: Rodney Kitchen

B. Special Guest: Nick Witwer, Plan Director, Marshall County

C. Approximately 62 attendees were present, plus board members

Nick Witwer, Marshall County, Plan Director

A. Nick Witwer was invited by the LOWPA Board of Directors to come and present to the general membership on the topic of easements.

i) Nick started off his presentation by providing a handout of the Marshall County Lake of the Woods Easement Resolution 2010-07.

(1) The handout illustrates a consolidation of all of the easements currently present at the Lake of the Woods and includes each

easements’ intent and legal description.

ii) Nick noted that the LOWPOA board sent him questions that were received in advance and he has crafted his presentation to

attempt to answers those questions as much as possible, but he will also allow time for Q&A at the end of his presentation.

(1) A copy of Nick’s presentation slides will be made available via the lakeofthewoodsindiana.com website.

iii) What is an Easement?

(1) A legal right to use someone else’s land for a specific purpose such as utilities, a road, access, public use, etc.

(a) Easements transfer with ownership of the property they are attached to

(b) It is very difficult to have an easement removed.

iv) The public easements at Lake of the Woods are generally the roads which are for the use of the public/use by all.

(1) A private easement is for use by those specified in the text of the easement (parks, beaches, shorelines, passageways, lots,

etc.) for the benefit and exclusive use of the landowner and those identified in the easement text including subdivisions as

noted.

(2) It is up to those included in a specified easement to come to agreements on how an easement will be used, maintained,

altered, etc.

v) vi) Individual easements are easier to sell than shared easements.

No one can restrict or obstruct the use of an easement with structures/buildings, fences, landscaping, etc.

(1) At a lake if there are questions on piers, docks, etc. that are in the water at an easement, property owners should check with

the DNR for any questions in this area of riparian zones & rights, etc.

(a) This topic is not under the jurisdiction of Mr. Witwer or the county.

vii) Additional information and questions from those present at the meeting.

(1) What about outdoor furniture, parked cars, campers, food trucks, etc. being placed on an easement?

(a) Mr. Witwer noted that for the most part easements need to remain clear. Food trucks or other items present for short

periods of time should be fine so long as all specified easement users agree.

(2) (3) (4) (5) Mr. Witwer noted that many of the easements at Lake of the Woods are for pedestrian access only, not for parking cars, etc.

If an easement is on the shoreline, any piers should be for the specified users of that easement only.

Maintenance of easements are by the property owner and/or specified easement users.

If an easement is a drive, the property owner and/or specific easement users are responsible for any repaving, patching holes,

ongoing maintenance, plowing/clearing, etc.

(6) (7) Emergency vehicles always have right of way for access across or through any easement.

A member present asked how could someone go about purchasing 4 easements and then selling them? The guest asking the

question noted that the Houin family purchased some easements and then sold the same easements, although it appears the

noted 4 easements are assigned to the Englewood sub-division per the 2010-07 resolution document. It is also believed that

the purchasers of these 4 easements were told it is their private “lot” when the noted easements clearly are part of the

Englewood sub-division.

(a) Mr. Witwer noted that much of the farmland surrounding Lake of the Woods originally went to the shoreline and then

subdivisions were created, but he did state that no one can simply get rid of a shared easement and call it private land.

(b) Further, an easement is not property. It is like an invisible line that goes over the property only for the uses of the specific

purpose and users stated.

(8) Another member asked about the private park easement in the Washnock subdivision.

(a) This was created solely for the use of the noted property owners. They are the only people who can put a pier out and

use the land, but the easement cannot be closed off from one of these property owners to the others.

(b) Mr. Witwer recognized there are a lot of questions surrounding the private park easement in the Washnock subdivision

1 | P a g eand noted that it will likely take more detailed research to fully be able to comment on it.

(c) He also noted that the Washnock subdivision has 3 different sections of easements.

(i) 2 parcels at Atlantic and Baltic

(ii) 2 parcels at Denver and Dart

(iii) The private park

(9) A member present asked if someone were to try to purchase and close an easement, how are the owners notified?

(a) Mr. Witwer responded that you may not know that someone is attempting to do this, but ultimately, all specified users of

the easement would have to agree to the sale and removal of the easement, but as noted earlier, it is very hard to remove

a shared easement.

(b) Another guest present noted that in the past someone tried to purchase a Pleasant Point easement and a lot of lawyers

ended up being involved with a ton of associated costs to fight it. It is scary to know that other users do not get a real

notice and would have to pay legal fees to fight something like this.

(c) A further point was made that those in the Washnock private park easement have been paying waterfront taxes and

maintaining this property all along so it seems they should be able to purchase individual portions of this easement and

make it part of their property.

(i) Mr. Witwer reiterated that it might be possible, but would be very hard to do.

(d) Guests agreed that it seems as if title companies should be responsible for addressing issues when someone tries to

purchase an easement property that would affect others.

(i) Mr. Witwer agreed this would be good, but did note that unfortunately there are a lot of unscrupulous people in the

world and these things sometimes happen.

(10) Brian Denk asked if all easements are the same in that they must be kept open and clear?

(a) Mr. Witwer responded yes, for public road easements, but for private easements it depends on how the easement is

defined.

(11) A guest present asked who is responsible if someone gets hurt on an easement or pier at an easement?

(a) Mr. Witwer said he couldn’t speak to the legality of the question but suggested a lawyer be consulted.

(12) A guest asked if there is a private deeded access, can only those who have specific rights to the easement use it or can

anyone use it.

(a) Mr. Witwer said no; the easement is for the sole purposes and use of the specified users.

(b) Another guest present noted that the DNR told them to put up no trespassing signs.

(13) A guest asked at the meeting, what the definition of maintenance really is relative to public easements noted as maintained by

the county.

(a) Mr. Witwer encouraged the more you bring concerns about maintenance up to the county the better.

(b) He did also note that the land on either side of, or at the end of, a public road easement should be mowed, addressed,

etc. by the surrounding land owners.

(14) Pete Pequet noted to those present that in some cases easements and properties do not go all of the way to the lake.

Accretion at the lake shore often means the strip of land at the shoreline is not included in an easement or adjacent property.

(a) A question from another came up asking if that means that the lake edge/shoreline is actually public and that means

anyone can walk around the lake edge.

(b) Mr. Witwer noted that you can’t close off areas that provide access to an easement or a recreation area.

(15) A guest asked if there are defined measurements to the easements? The lake has eroded to the point where some

easements lines are no longer valid.

(a) Mr. Witwer noted that easements do not have metes and bounds included, only descriptions. He also acknowledged that

shoreline erosion could have some effect on boundary lines.

(16) Elaine Keller encouraged interested parties to look closely at how each easement text is written as it will illustrate who has

specific access to the use of the easements whether it be adjacent owners, specified lot owners, a subdivision, the public, etc.

(17) NOTE: This section of the minutes is recorded to the best of our ability. None of the above information should be taken

verbatim as proof or for legal consideration. If a property owner or easement user has specific questions regarding their

associated property or easement, they are encouraged to contact Mr. Witwer directly. At the meeting he handed out business

cards and welcomed contact from the community. His contact information is:

(a) Nick Witwer, Plan Director, Marshall County Plan Commission and Board of Zoning Appeals.

(b) Phone: (574)935-8540

(c) Email: plandirector@co.marshall.in.us

(d) 112 W. Jefferson St., Room 302, Plymouth IN

(e) www.co.marshall.in.us

(18) Additionally, a guest present at the meeting recorded the meeting and provided that attached AI generated meeting notes for

additional reference.

4. Review and Approval of Minutes

A. The June General Membership meeting minutes were reviewed. Joe Skelton made a motion to approve the minutes. Deb Lane

seconded the motion and all board members agreed.

5. Treasurer’s Report

A. agreed.

Julie Boynton made a motion to approve the June treasurer’s report. Elaine Keller seconded the motion and all board members

6. Events and Fundraisers

A. Hunt for summer Spirits – June 21st

i) We had a good turnout and were able to raise $3,618 for the weed fund.

ii) Over 100 prizes were donated by the local community. A huge thanks to the event committee who worked very hard on this

event.

2 | P a g e(1) Elaine Keller noted that the event committee would love to have some more volunteers to help out with the planning and

B. execution of events.

Cruise In Car Show – will take place on Saturday, September 6th

i) ii) We are speaking with the Bremen Arts Collective about having their artists come out to display and sell their artwork.

Any other artist who would like to come out and sell items is welcome. There will be a small booth fee.

7. Conservancy Update

A. Mike Nate noted that a preliminary ruling has been made. We will be working with the lawyer to determine the final facts that

need to be addressed and what next steps might be.

i) A guest asked if there is a time limit and how long can this go on?

(1) At this time there is no specified time limit that we are aware of.

8. Weeds

A. i) B. Mike Nate shared the following update on aquatic weeds.

Aquatic Weed Control (AWC) acknowledged that LOW currently has a lot of weed growth with many of the weeds being

native.

ii) They shared that the phosphorous in the lake has built up and affected oxygen levels. When the water is really warm, the

phosphorous releases and the weeds grow very quickly.

iii) Per the DNR, native weeds cannot be treated.

iv) So far this year, we have sprayed for Curly Leaf pondweed, Eurasian Water Milfoil and Starry Stonewort.

Aquatic Weed Control will be back out again this summer to further evaluate the weeds present and offer a plan for next

treatment steps.

9. Old Business

A. B. Lake of the Woods Welcome Signs – 1 more sign will be installed at 4th Rd. & West Shore.

Julie Boynton shared the below updates from questions at the previous meeting:

i) Manhole covers low on North Shore – this is done to prevent snow plow damage

ii) Added stop sign at West Shore & 4th Rd – the county does not have plans to do this at this time

iii) Additional speed limit signs – the county does not have plans to do this at this time, but encouraged seeking additional

enforcement with the sheriff’s department.

iv) Electronic speed signs – the county put in for a grant to add some around the county but did not receive the grant. They

may consider electronic speed signs in the future depending on budget constraints.

v) vi) County notifying owners of road work – encouraged the use the Marshall County and Town of Bremen apps.

4th Rd. East of the lake condition following chip & seal – the county said they would look into this further.

C. If you have any new neighbors let the board know so the new residents can be given a welcome bag.

10. New Business

A. B. The board is looking into a possible DNR speaker for the August meeting.

Brian Denk shared the following BCC update

i) The 4th of July activities were a great success.

ii) August 9th will be a Day at the Lake with many activities and a reptile show.

iii) The next BCC meeting is next Saturday at 9:00 am. All are welcome to attend.

C. Neika Smessaert noted that the Town of Bremen app is great. She also shared that there is a $3M project being considered for

a trail system in town. A survey is active now. She is happy to share it with any interested LOW folks and encouraged

participation in the survey perhaps noting interest in a bike or walking trail from the city to the lake.

D. Tom Evans noted that Rupert’s has dumped more sand at their beach. It moves into the lake affecting depth, etc.

i) Mike Nate encouraged residents to contact the DNR regarding this.

11. Julie Boynton made a motion to adjourn. Mike Nate seconded the motion and all board members agreed. The meeting

adjourned at 10:18 am.

12. The next LOWPOA meeting will take place on Saturday, August 2nd

, at 9:00 am at the BCC building.

Respectfully submitted by Julie Boynton, LOWPOA Secretary

Legal Notice