Sometime in October, my parents and all their neighbors received a lawsuit wherein they were named as defendants on a tax foreclosure for $4,300, on property worth $3,500.
For the 38 years they've lived at this residence they've been members of a homeowner's association owning a small strip of beachfront property. As kids, we all used the land and small bathing/changing building for access to swim in Lake Erie. It required crossing through the backyard of one of the association members. Which was never a problem in all that time.
Also never a problem? Taxes. For 78 years, not one member of the association is known to have received a late tax notice.
The property is listed as being owned by KeyCorp, with various residents named as trustees of the Sunset Beach Association. Never have my elderly parents or their neighbors received any notice of delinquent taxes.
Fast forward to the current homeowner whose property connects to the beach area: Republican State Rep Earl Martin.
(More after the jump...)
In 1996, without consulting any other association members, Martin "improved" a dock built by the previous homeowner, according to permits from the US Army Corps of Engineers.
He also erected a fence blocking other association members from accessing their beach.
Martin's also responsible for the following, according to The Plain Dealer:
"Martin is the same lawmaker who is sponsoring legislation to expand the rights of lakefront property owners. His bill would give lake shore owners control of the shoreline, which has long been open to the public and controlled by the state."
It appears that rather than address the other association members and offer to buy their interest in the property, Martin was hoping to push them out through foreclosure and then purchase the property at auction.
Most of these people are elderly, and don't understand their rights. Many had ignored the suit, because when they contacted the County Auditor's office they were told that they weren't "really" named as defendants. Yet I knew from collecting foreclosure data that they would all be collected as defendants for credit report purposes.
Martin, the son of former Rocky River Mayor Earl Martin, told county officials he wants to buy the Sunset Beach land, which totals three-tenths of an acre.
The neighbors have good reason to worry anyway.
Their homes, most worth $125,000 to $300,000, could lose an estimated $10,000 in value if they lost their lake access, according to real estate agents Tom France of Re/Max Crossroads and Bill Spang of Howard Hanna Smythe Cramer.
Martin's property, meanwhile, would become more valuable. His current lot does not reach the lake.
Now, I'm not certain Martin is trying to do something shady. But it sure seems that way:
Neighbors say Martin has a conflict. His shoreline legislation would make the lake shore private property.
The public could use the water, but the land beneath it would belong to property owners.
Martin would be one of the owners to benefit if he acquired Sunset Beach and his bill became law. His legislation is pending in a House committee."
This is where you could help out. Aside from any solid legal advice, it would be great if others would write their representatives to fight Martin's bill.
Here's a link to all the Ohio Representative's email addresses. Please consider emailing them to vote against Martin's HB 206.
