Colony puts questionable liens on homes

JAVA LAKE, N.Y. (WIVB) - Homeowners say their property deeds say nothing about paying dues to the subdivision. But now they are getting slapped with property liens in Java Lake.

There's trouble in paradise for many of the property owners at Java Lake. An incorporated group of owners, called the Java Lake Colony, is charging them an annual fee for upkeep of the roads, beaches, and other common areas. Those that don't pay get the charge attached to their deeds, in the form of a lien.

But some homeowners say they get little service from Java Lake Colony, so they do the work themselves. John Handley told News 4 he repairs his own roads.

A lien severely restricts what you can do with your property. You can't sell it, and generally you can't make improvements to it, until the lien has been removed.

Sharon Schultz estimates she and her husband spent $4,000 repairing their road. They got a lien, then they decided to replace their windows.

"So in order for us to get a loan, we had to pay this lien. So as far as I am concerned, I feel as if we were coerced," Schultz said.

Many of the homeowners told News 4 they would pay the dues, if they got something for them.

Gayle Grandits-Offhaus said, "But to be told that I have to pay mandatory dues to maintain roads, I don't want to play, I don't want to be in your club."

The homeowners contend there is nothing in their deeds allowing Java Lake Colony to assess dues and attorneys tell them the liens are illegal.

John Handley argued, "We've got a real estate attorney that has looked at our deeds, looked at our abstracts, and there is absolutely nothing in there that says we have to pay an assessment."

But homeowner Bob Thill says attorneys are telling him the liens are legal.

Thill stated, "Let the courts, that's their job, let them adjudicate this. When it is over, if they say you have no right to file those liens, immediately let's take them off."

The homeowners also approached Java's Town Supervisor Jim Fleischman about collecting the dues as a special tax. Just moments ago, Fleischman told News 4 the town's attorney says, no way. So it looks like lawyers might have to decide the issue, which we will continue to follow.