LAKE EDGEWOOD BOARD OF DIRECTORS MAY SPECIAL MEETING
MAY 23RD, 2025 6:00 P.M.
LAKE EDGEWOOD COMMUNITY CENTER, 1715 W SHORE DR
MARTINSVILLE, IN 46151
MEETING CALLED TO ORDER
The meeting was called to order at 6:02 P.M. and began with the Pledge of Allegiance by Director Anderson. In attendance were Director Anderson, Director Stege, Director Neely, Director Stallsworth, Financial Director Kali Kent, and Secretary Mady Miller. There were 9 freeholders in attendance.
TREE REMOVAL QUOTES
The meeting was called to discuss whether the board should remove the tree or hold the freeholder responsible. Director Stege had reached out to get onions on the matter. The feedback she received was that nine freeholders responded to keep the tree in the water, seven responded saying it was a safety concern, one said to remove and fund the tree, eleven responded it is the homeowner’s responsibility, and five responded saying to take him to small claims court. All were concerned about the precedent it would set. The biggest feedback was that people believe it is the homeowners’ responsibility. Director Anderson thanked Jeremy Payne for getting quotes to have the tree removed from two different companies. One was $3500 and the other for $4500. Director Anderson also stated that after talking to our insurance company, the board cannot touch the tree. Anyone that touches it would have to sign a waiver of liability. It was also stated that we cannot revoke the freeholder’s lake rights due to it not being in The Rules & Regulations beforehand
PUBLIC COMMENTS
Don Horn started out by stating this is an issue for all of us either way. There are great people in this neighborhood. There have been five trees in the lake and so far, four of the homeowners have done the right thing and removed them. There will be more trees in the lake in the future, and we should do what is right and get the tree out to set the tone for what the community is supposed to do.
Cathy Combs agreed but that we should not pay for it.
Jeremy Payne stated that by law in Indiana, it is the homeowner’s responsibility due to negligence and the tree falling during a storm. He also addressed that Facebook has gotten nasty and he did not appreciate the slander against him. He said moving forward there should be specific rules in place in the Rules & Regulations about trees and penalties. His reservations about the tree are if it starts breaking apart and floating, which is a high probability due to the traffic in the area, who will be responsible then? What if someone gets hurt on it before it comes out? Director Stege stated that our attorney advised us to mark it and put a sign out so that it is documented.
Director Stallsworth stated that if the board removes the tree, what will happen with the freeholders that did the right thing and removed their trees? Will they want reimbursed? Will freeholders take the board to small claims? That would cost the board legal fees. Will we have to add this to our next budget to cover trees in the lake? That would mean that all our taxes would be raised. He believes the freeholder should do the right thing and remove the tree.
Director Neely suggested for the board remove the tree and for the future to send freeholders certified letters to remove their dead trees so that this doesn’t happen again. Director Stallsworth brought up that the board might have to outsource that since there are so many loopholes with insurance. Director Neely also stated that she does not believe it is a fish habitat and that it is dangerous. If someone’s child gets hurt on it, it would bring the conservancy down legally.
Ed Coleman stated that the freeholder isn’t doing what is right but that the law is on his side. If the board removes it, it sets a precedence, and we would have to continue to fund it. He agreed on the board removing the tree but not to fund it.
Dan stated that we are between a rock and a hard place and that there is no easy legal solution. He agrees with Director Neely about moving forward we need to update our Rules & Regulations to hold freeholders more accountable. He also asked that if insurance won’t cover it, could a group of men from the neighborhood sign a waiver and remove the tree, then pursue small claims for the cost. He stated that we may not win but it doesn’t cost any attorney fees, and it still sends a message. He also states that we have learned from this and the most important thing moving forward is to make the necessary changes, so this doesn’t happen again.
Director Stege also stated that another avenue that we would have to fully investigate would be to put a lien on his property and that would set the precedence that freeholders must take responsibly. She stated that for the time being the board will get buoys out to mark the tree and put up a sign.
Director Anderson stated that we need to contact our attorney to ask questions. Do we want to open ourselves up to a countersuit? We need to make sure that any legal action is done properly.
Director Stege motioned LECD does NOT remove the tree because of the precedence it would set.
No one seconded the motion and the motion was dead.
Director Neely motioned LECD does remove the tree and pursue action after.
Director Stallsworth seconded. Director Anderson and Director Stege opposed.
The board was at a tie.
Director Brown was not present to break the tie. This topic will be tabled until the next monthly meeting.
ADJOURNMENT
Director Anderson motioned to adjourn at 6:54 P.M., Director Stege seconded and all were in favor.