FAQ's

Clear Lake Acres Park Association

Frequently Asked Questions (FAQ's)

Many of the answers to questions members may have are located in the documents on this website.  These FAQ’S are provided to make it easier to find answers located in the documents and to clarify some of the CLAPA concepts.

1. What is the Clear Lake Acres Park Association?

The INDENTURE defines the Clear Lake Acres Association (CLAPA) as a voluntary association of owners of certain lots, or portions thereof, in those certain subdivisions known as “Clear Lake Acres,” and “Clear Lake Acres Annex” that have no lake frontage.  Those certain lots are listed in the Indenture which is available for review on this website.

2. What is the INDENTURE?                                                       

The INDENTURE is a document recorded in the Lake County Courthouse in 1924 that establishes CLAPA and binds those described lots in those certain subdivisions to Lot 26 and Lot 27 of “Clear Lake Acres”.  Lot 26 is the CLAPA lakefront and Lot 27 is the land across from the lakefront.  The INDENTURE is available for review on this website.

3. Are there any Convenants, Conditions or Restrictions (CC&R’s) that burden my property? 

NO.  For clarification, CLAPA has BY-LAWS, rather then CC&R’S. The BY-LAWS do not place any conditions or restrictions on a members own property.  The BY-LAWS refer to the management, control and disposition of the CLAPA property, Lots 26 and 27, only. The BY-LAWS are available for review on this website.  

4. The Indenture says that CLAPA is a “voluntary association of owners”, so why am I in CLAPA when I did not join?

You do not have to join. You are automatically in CLAPA by virtue of owning one of the lots, or a portion thereof, listed in the INDENTURE.  Under Membership in the By-Laws (Article XI, Section 5)  it says that “ownership of which (those certain lots) constitutes membership in this Association.” 

5. If “ownership constitutes membership,” how is CLAPA “a voluntary association of owners?”

CLAPA is a voluntary association of owners because, unlike most homeowners associations, members of CLAPA may voluntarily opt-out of the Association.  A member may opt out of CLAPA by executing a quit-claim deed that relinquishes their interest in, and right to use, the lands and property of CLAPA, namely, Lots 26 and 27, as defined in the Indenture.  (See Powers of Trustees, Article IV, Eighth).  Once a member quit-claims out of CLAPA they are relieved from any further responsibility to the Association. 
However, by Resolution No. 1-2004, members shall be current and pay all delinquent assessments, fees and costs, prior to quit-claiming their right, title and interest out of the Association.  Contact the CLAPA treasurer for further details.

6. If I quit-claim out of CLAPA will that affect the rights to membership by future owners of my property?

NO.  You are only quit-claiming your own individual title and personal right to use and personal interest in, the CLAPA properties.  Members are not and can not quit-claim their lot, or property, out of CLAPA. The right to be in CLAPA runs with the land. Members have no authority to quit-claim the future rights of others who may buy your property. Future owners have an inherent right to become members because ownership constitutes membership.  If a new owner does not want to be in CLAPA, that owner may also voluntarily quit-claim out of the Association.
The CLAPA lake front land and acreage across the street is a gift to those certain property owners as listed in the Indenture.  It is held “in Trust for the common use and benefit, for park, pleasure, and recreation purposes of the purchasers and owners of those certain lots in said ‘Clear Lake Acres’ and ‘Clear Lake Acres Annex,’ having no lake frontage therein.” (Indenture). 
The original owner and/or Trustees, back in 1924, gave this property, free of charge, to the “purchasers and owners” of those certain lots defined in the Indenture.  Realizing that some people may not like being in a so-called homeowners association, they wrote By-Laws which allow any member to voluntarily give back this gift by quit-claiming out of CLAPA. It was not their intent for some member to deprive another future owner, years later, from using and enjoying the CLAPA lands. 

7. Can I quit-claim out and then get back into CLAPA at a later date?

No.  This would not be fair or just for all the members who have supported CLAPA through the years.  If a request to re-enter CLAPA were made, it may require all back assessments to be paid, depending on the vote of the Trustees.

8. How do I Quit-Claim out of CLAPA?

Use the sample Quit-Claim deed on the home page as a guide.  Obtain a Quit-Claim deed and fill it in as shown on the sample Quit-Claim deed provided.  Once completed, have it signed and notarized (keep a copy) and mailed to CLAPA, P.O. Box 71, Lakeport, CA 95453.   This deed will not be recorded.  CLAPA will make a notation in the master membership list that you have quit-claimed out of CLAPA.     

9. How much is the annual assessment and do I have to pay it?

The annual assessment, as of 2014, is only $60.  Yes,you have to pay the assessment to be a “member-in-good-standing” which allows you and your family members to use the beach (lakefront).  The beach has picnic tables and private bathrooms and is about 200 feet wide.  Members who do not pay the annual assessment cannot use the beach and are subject to late fees and interest charges on delinquent amounts.

10. If I do not want to use the CLAPA property, such as the lakefront beach area, am I still obligated to pay the annual assessment?

Yes.  Whether or not you use the beach area has nothing to do with a members obligation to pay the annual assessment.

In Membership, Article XI, Section 4, of the BY-LAWS, it states that each member shall be liable for and pay his share of the amount of assessment.  Collection may be enforced “by suit, or otherwise” and the delinquent assessment shall constitute a lien against all the right, title and interest of any member so in default in and to the lands and property of the Association. 

The annual assessment monies collected goes towards ongoing costs and maintenance of the CLAPA property.  This money pays for our liability insurance, county assessments, utilities, maintenance and managing costs.  There are no salaries paid to anyone. All the time and energy provided by members and Trustees is voluntary.  At this time, CLAPA is saving money towards making the lakefront more attractive for members.    

11. Does CLAPA place liens on a members property?

No, not at this time.  CLAPA is an association of neighbors as well as owners and often a close neighbor is better than a distant relative.  So, CLAPA prefers to persuade owners to contribute the annual assessment.

However, since 2004, CLAPA has been keeping a record of who is and who is not paying the assessment.  When a members property comes up for sale or refinance CLAPA receives a notice from the escrow/title company about the sale and asks if there are any outstanding assessments. Any delinquent amounts are calculated along with late fees and interest than submitted to escrow for payment.  When escrow closes, CLAPA receives a check for all outstanding amounts.